Consolidated Appropriations Act, 2005
PL 108-447 (H.R.4818), enacted 12/08/2004

118 STAT. 2809
PUBLIC LAW 108–447—DEC. 8, 2004
Public Law 108–447
108th Congress
An Act
Making appropriations for foreign operations, export financing, and related programs
for the fiscal year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2005’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Title I—Agricultural Programs
Title II—Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agencies and Food and Drug Administration
Title VII—General Provisions
DIVISION B—DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Title I—Department of Justice
Title II—Department of Commerce and Related Agencies
Title III—The Judiciary
Title IV—Department of State and Related Agency
Title V—Related Agencies
Title VI—General Provisions
Title VII—Rescissions
Title VIII—Patent and Trademark Fees
Title IX—Oceans and Human Health Act
DIVISION C—ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,
2005
Title I—Department of Defense—Civil
Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent Agencies
Title V—General Provisions
Title VI—Reform of the Board of Directors of the Tennessee Valley Authority
DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2005
Title I—Export and Investment Assistance
Consolidated
Appropriations
Act, 2005.
Dec. 8, 2004
[H.R. 4818]
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118 STAT. 2810
PUBLIC LAW 108–447—DEC. 8, 2004
Title II—Bilateral Economic Assistance
Title III—Military Assistance
Title IV—Multilateral Economic Assistance
Title V—General Provisions
DIVISION E—DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
Title I—Department of the Interior
Title II—Related Agencies
Title III—General Provisions
Title IV—Urgent Wildland Fire Suppression Activities
Title V—General Reduction
DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005
Title I—Legislative Branch Appropriations
Title II—General Provisions
DIVISION H—TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES,
AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2005
Title I—Department of Transportation
Title II—Department of the Treasury
Title III—Executive Office of the President and Funds Appropriated to the Presi-
dent
Title IV—Independent Agencies
Title V—General Provisions
Title VI—General Provisions
DIVISION I—DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND
URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIA-
TIONS ACT, 2005
Title I—Department of Veterans Affairs
Title II—Department of Housing and Urban Development
Title III—Independent Agencies
Title IV—General Provisions
DIVISION J—OTHER MATTERS
Title I—Miscellaneous Provisions and Offsets
Title II—225th Anniversary of the American Revolution Commemoration Act
Title III—Rural Air Service Improvement Act of 2004
Title IV—L–1 Visa and H–1B Visa Reform Act
Title V—National Aviation Heritage Area Act
Title VI—Oil Region National Heritage Area Act
Title VII—Mississippi Gulf Coast National Heritage Area Act
Title VIII—Federal Lands Recreation Enhancement Act
Title IX—Satellite Home Viewer Extension and Reauthorization Act of 2004
Title X—Snake River Water Rights Act of 2004
DIVISION K—SMALL BUSINESS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2005.
1 USC 1 note.
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118 STAT. 2811
PUBLIC LAW 108–447—DEC. 8, 2004
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD
AND DRUG ADMINISTRATION, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING, AND MARKETING
OFFICE OF THE SECRETARY
For necessary expenses of the Office of the Secretary of Agri-
culture, $5,124,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Sec-
retary.
EXECUTIVE OPERATIONS
CHIEF ECONOMIST
For necessary expenses of the Chief Economist, including eco-
nomic analysis, risk assessment, cost-benefit analysis, energy and
new uses, and the functions of the World Agricultural Outlook
Board, as authorized by the Agricultural Marketing Act of 1946
(7 U.S.C. 1622g), $10,317,000.
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division,
$14,331,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $8,228,000.
HOMELAND SECURITY STAFF
For necessary expenses of the Homeland Security Staff,
$775,000.
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, $16,595,000.
COMMON COMPUTING ENVIRONMENT
For necessary expenses to acquire a Common Computing
Environment for the Natural Resources Conservation Service, the
Farm and Foreign Agricultural Service, and Rural Development
mission areas for information technology, systems, and services,
$125,585,000, to remain available until expended, for the capital
asset acquisition of shared information technology systems,
including services as authorized by 7 U.S.C. 6915–16 and 40 U.S.C.
1421–28: Provided, That obligation of these funds shall be consistent
with the Department of Agriculture Service Center Modernization
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2005.
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118 STAT. 2812
PUBLIC LAW 108–447—DEC. 8, 2004
Plan of the county-based agencies, and shall be with the concurrence
of the Department’s Chief Information Officer.
OFFICE OF THE CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, $5,742,000: Provided, That the Chief Financial Officer shall
actively market and expand cross-servicing activities of the National
Finance Center: Provided further, That no funds made available
by this appropriation may be obligated for FAIR Act or Circular
A–76 activities until the Secretary has submitted to the Committees
on Appropriations of both Houses of Congress and the Committee
on Government Reform of the House of Representatives a report
on the Department’s contracting out policies, including agency
budgets for contracting out.
WORKING CAPITAL FUND
For the acquisition of disaster recovery and continuity of oper-
ations 
technology 
of 
the 
National 
Finance 
Center’s 
data,
$12,850,000, to remain available until expended.
OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Civil Rights, $818,000.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$19,889,000.
OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Administration, $669,000.
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 486, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agri-
culture buildings and facilities, and for related costs, $163,870,000,
to remain available until expended: Provided, That not to exceed
5 percent of amounts which are made available for space rental
and related costs for the Department of Agriculture in this Act
may be transferred between such appropriations to cover the costs
of new or replacement space 15 days after notice thereof is trans-
mitted to the Appropriations Committees of both Houses of Con-
gress.
Notice.
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118 STAT. 2813
PUBLIC LAW 108–447—DEC. 8, 2004
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Com-
pensation, and Liability Act (42 U.S.C. 9601 et seq.) and the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.),
$15,532,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $22,626,000, to provide for
necessary expenses for management support services to offices of
the Department and for general administration, security, repairs
and alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical and
efficient work of the Department: Provided, That this appropriation
shall be reimbursed from applicable appropriations in this Act
for travel expenses incident to the holding of hearings as required
by 5 U.S.C. 551–558.
OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL
RELATIONS
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Congressional Relations to carry out the programs
funded by this Act, including programs involving intergovernmental
affairs and liaison within the executive branch, $3,852,000: Pro-
vided, That these funds may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain personnel
at the agency level: Provided further, That no funds made available
by this appropriation may be obligated after 30 days from the
date of enactment of this Act, unless the Secretary has notified
the Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided further,
That no other funds appropriated to the Department by this Act
shall be available to the Department for support of activities of
congressional relations.
OFFICE OF COMMUNICATIONS
For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the dissemina-
tion of agricultural information, and the coordination of information,
work, and programs authorized by Congress in the Department,
$9,365,000: Provided, That not to exceed $2,000,000 may be used
for farmers’ bulletins.
Deadline.
Notification.
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118 STAT. 2814
PUBLIC LAW 108–447—DEC. 8, 2004
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the Inspector General Act of
1978, $78,289,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and pri-
vate persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978, and including not to exceed $125,000 for certain con-
fidential operational expenses, including the payment of informants,
to be expended under the direction of the Inspector General pursu-
ant to Public Law 95–452 and section 1337 of Public Law 97–
98.
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$35,861,000.
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND
ECONOMICS
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer
the laws enacted by the Congress for the Economic Research
Service, the National Agricultural Statistics Service, the Agricul-
tural Research Service, and the Cooperative State Research, Edu-
cation, and Extension Service, $592,000.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other
laws, $74,768,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work,
including crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture,
as authorized by 7 U.S.C. 1621–1627 and 2204g, and other laws,
$129,480,000, of which up to $22,405,000 shall be available until
expended for the Census of Agriculture.
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration relating
to production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use
including the acquisition, preservation, and dissemination of agri-
cultural information; and for acquisition of lands by donation,
exchange, or purchase at a nominal cost not to exceed $100, and
for land exchanges where the lands exchanged shall be of equal
value or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the land
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118 STAT. 2815
PUBLIC LAW 108–447—DEC. 8, 2004
or interests transferred out of Federal ownership, $1,110,887,000:
Provided, That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That appro-
priations hereunder shall be available pursuant to 7 U.S.C. 2250
for the construction, alteration, and repair of buildings and improve-
ments, but unless otherwise provided, the cost of constructing any
one building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and except
for 10 buildings to be constructed or improved at a cost not to
exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in
this Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That appropria-
tions hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That funds may be received from any State,
other political subdivision, organization, or individual for the pur-
pose of establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by law:
Provided further, That all rights and title of the United States
in the 1.0664-acre parcel of land including improvements, as
recorded at Book 1320, Page 253, records of Larimer County, State
of Colorado, shall be conveyed to the Board of Governors of the
Colorado State University for the benefit of Colorado State Univer-
sity.
None of the funds appropriated under this heading shall be
available to carry out research related to the production, processing,
or marketing of tobacco or tobacco products.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$187,838,000, to remain available until expended.
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION
SERVICE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for coopera-
tive forestry and other research, for facilities, and for other
expenses, $660,781,000, as follows: to carry out the provisions of
the Hatch Act of 1887 (7 U.S.C. 361a–i), $180,148,000; for grants
for cooperative forestry research (16 U.S.C. 582a through a–7),
$22,384,000; for payments to the 1890 land-grant colleges, including
Tuskegee University and West Virginia State University (7 U.S.C.
3222), $37,000,000, of which $1,507,496 shall be made available
only for the purpose of ensuring that each institution shall receive
no less than $1,000,000; for special grants for agricultural research
(7 U.S.C. 450i(c)), $121,284,000; for special grants for agricultural
7 USC 2254.
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118 STAT. 2816
PUBLIC LAW 108–447—DEC. 8, 2004
research on improved pest control (7 U.S.C. 450i(c)), $15,280,000;
for competitive research grants (7 U.S.C. 450i(b)), $181,000,000;
for the support of animal health and disease programs (7 U.S.C.
3195), $5,098,000; for supplemental and alternative crops and prod-
ucts (7 U.S.C. 3319d), $1,196,000; for grants for research pursuant
to the Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
$1,111,000, to remain available until expended; for the 1994
research grants program for 1994 institutions pursuant to section
536 of Public Law 103–382 (7 U.S.C. 301 note), $1,087,000, to
remain available until expended; for rangeland research grants
(7 U.S.C. 3333), $1,000,000; for higher education graduate fellow-
ship grants (7 U.S.C. 3152(b)(6)), $3,000,000, to remain available
until expended (7 U.S.C. 2209b); for higher education challenge
grants (7 U.S.C. 3152(b)(1)), $5,500,000; for a higher education
multicultural scholars program (7 U.S.C. 3152(b)(5)), $998,000, to
remain available until expended (7 U.S.C. 2209b); for an education
grants program for Hispanic-serving Institutions (7 U.S.C. 3241),
$5,645,000; for noncompetitive grants for the purpose of carrying
out all provisions of 7 U.S.C. 3242 (section 759 of Public Law
106–78) to individual eligible institutions or consortia of eligible
institutions in Alaska and in Hawaii, with funds awarded equally
to each of the States of Alaska and Hawaii, $3,500,000; for a
secondary agriculture education program and 2-year post-secondary
education (7 U.S.C. 3152(j)), $1,000,000; for aquaculture grants
(7 U.S.C. 3322), $4,000,000; for sustainable agriculture research
and education (7 U.S.C. 5811), $12,500,000; for a program of
capacity building grants (7 U.S.C. 3152(b)(4)) to colleges eligible
to receive funds under the Act of August 30, 1890 (7 U.S.C. 321–
326 and 328), including Tuskegee University and West Virginia
State University, $12,411,000, to remain available until expended
(7 U.S.C. 2209b); for payments to the 1994 Institutions pursuant
to section 534(a)(1) of Public Law 103–382, $2,250,000; for resident
instruction grants for insular areas under section 1491 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3363), $500,000; and for necessary expenses
of Research and Education Activities, $42,889,000.
None of the funds appropriated under this heading shall be
available to carry out research related to the production, processing,
or marketing of tobacco or tobacco products: Provided, That this
paragraph shall not apply to research on the medical, biotechno-
logical, food, and industrial uses of tobacco.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund author-
ized by Public Law 103–382 (7 U.S.C. 301 note), $12,000,000.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and
American Samoa, $449,225,000, as follows: payments for cooperative
extension work under the Smith-Lever Act, to be distributed under
sections 3(b) and 3(c) of said Act, and under section 208(c) of
Public Law 93–471, for retirement and employees’ compensation
costs for extension agents, $277,742,000; payments for extension
work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C.
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118 STAT. 2817
PUBLIC LAW 108–447—DEC. 8, 2004
343(b)(3)), $3,273,000; payments for the nutrition and family edu-
cation program for low-income areas under section 3(d) of the Act,
$58,909,000; payments for the pest management program under
section 3(d) of the Act, $10,000,000; payments for the farm safety
program under section 3(d) of the Act, $4,600,000; payments to
upgrade research, extension, and teaching facilities at the 1890
land-grant colleges, including Tuskegee University and West Vir-
ginia State University, as authorized by section 1447 of Public
Law 95–113 (7 U.S.C. 3222b), $16,912,000, to remain available
until expended; payments for youth-at-risk programs under section
3(d) of the Smith-Lever Act, $7,538,000; for youth farm safety
education and certification extension grants, to be awarded competi-
tively under section 3(d) of the Act, $444,000; payments for carrying
out the provisions of the Renewable Resources Extension Act of
1978 (16 U.S.C. 1671 et seq.), $4,093,000; payments for Indian
reservation agents under section 3(d) of the Smith-Lever Act,
$1,774,000; payments for sustainable agriculture programs under
section 3(d) of the Act, $4,100,000; payments for rural health and
safety education as authorized by section 502(i) of Public Law
92–419 (7 U.S.C. 2662(i)), $1,981,000; payments for cooperative
extension work by the colleges receiving the benefits of the second
Morrill Act (7 U.S.C. 321–326 and 328) and Tuskegee University
and West Virginia State University, $33,133,000, of which
$1,724,884 shall be made available only for the purpose of ensuring
that each institution shall receive no less than $1,000,000; for
grants to youth organizations pursuant to section 7630 of title
7, United States Code, $2,667,000; and for necessary expenses of
Extension Activities, $22,059,000.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs, 
including 
necessary 
administrative 
expenses,
$55,153,000, as follows: for competitive grants programs authorized
under section 406 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626), $43,058,000,
including $12,971,000 for the water quality program, $14,967,000
for the food safety program, $4,200,000 for the regional pest
management centers program, $4,500,000 for the Food Quality
Protection Act risk mitigation program for major food crop systems,
$1,400,000 for the crops affected by Food Quality Protection Act
implementation, $3,131,000 for the methyl bromide transition pro-
gram, and $1,889,000 for the organic transition program; for a
competitive international science and education grants program
authorized under section 1459A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3292b), to remain available until expended, $1,000,000; for grants
programs authorized under section 2(c)(1)(B) of Public Law 89–
106, as amended, $750,000, to remain available until September
30, 2006 for the critical issues program, and $1,345,000 for the
regional rural development centers program; and $9,000,000 for
the homeland security program authorized under section 1484 of
the National Agricultural Research, Extension, and Teaching Act
of 1977, to remain available until September 30, 2006.
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118 STAT. 2818
PUBLIC LAW 108–447—DEC. 8, 2004
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$5,935,000, to remain available until expended.
OFFICE OF THE UNDER SECRETARY FOR MARKETING AND
REGULATORY PROGRAMS
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer
programs under the laws enacted by the Congress for the Animal
and Plant Health Inspection Service; the Agricultural Marketing
Service; and the Grain Inspection, Packers and Stockyards Adminis-
tration; $721,000.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, necessary to prevent,
control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; and to
protect the environment, as authorized by law, $814,623,000, of
which $4,119,000 shall be available for the control of outbreaks
of insects, plant diseases, animal diseases and for control of pest
animals and birds to the extent necessary to meet emergency condi-
tions; of which $47,500,000 shall be used for the boll weevil eradi-
cation program for cost share purposes or for debt retirement for
active eradication zones; of which $33,197,000 shall be available
for a National Animal Identification program: Provided, That no
funds shall be used to formulate or administer a brucellosis eradi-
cation program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided further,
That, in addition, in emergencies which threaten any segment of
the agricultural production industry of this country, the Secretary
may transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may
be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious disease
or pests of animals, poultry, or plants, and for expenses in accord-
ance with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended
balances of funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall
be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless other-
wise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building: Provided further, That no funds shall be
used to implement a national animal identification system prior
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PUBLIC LAW 108–447—DEC. 8, 2004
to notification to the Committees on Appropriations which shall
include a detailed explanation of the components of such system.
In fiscal year 2005, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be credited to this account, to remain available
until expended, without further appropriation, for providing such
assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$4,967,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For necessary expenses to carry out services related to con-
sumer protection, agricultural marketing and distribution, transpor-
tation, and regulatory programs, as authorized by law, and for
administration and coordination of payments to States, $75,698,000,
including funds for the wholesale market development program
for the design and development of wholesale and farmer market
facilities for the major metropolitan areas of the country: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $64,459,000 (from fees collected) shall be obli-
gated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrol-
lable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of August 8, 1956;
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118 STAT. 2820
PUBLIC LAW 108–447—DEC. 8, 2004
(2) transfers otherwise provided in this Act; and (3) not more
than $15,800,000 for formulation and administration of marketing
agreements and orders pursuant to the Agricultural Marketing
Agreement Act of 1937 and the Agricultural Act of 1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activi-
ties under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $3,847,000, of which not less than $2,500,000
shall be used to make a grant under this heading.
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers
and Stockyards Act, for certifying procedures used to protect pur-
chasers of farm products, and the standardization activities related
to grain under the Agricultural Marketing Act of 1946, $37,299,000:
Provided, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replace-
ment value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,463,000 (from fees collected) shall be obli-
gated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $595,000.
FOOD SAFETY AND INSPECTION SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$50,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$823,760,000, of which no less than $742,305,000 shall be available
for Federal food safety inspection; and in addition, $1,000,000 may
be credited to this account from fees collected for the cost of labora-
tory accreditation as authorized by section 1327 of the Food, Agri-
culture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Pro-
vided, That no fewer than 63 full time equivalent positions above
the fiscal year 2002 level shall be employed during fiscal year
2005 for purposes dedicated solely to inspections and enforcement
related to the Humane Methods of Slaughter Act: Provided further,
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118 STAT. 2821
PUBLIC LAW 108–447—DEC. 8, 2004
That of the amount available under this heading, notwithstanding
section 704 of this Act $3,000,000, available until September 30,
2006, shall be obligated to include the Humane Animal Tracking
System as part of the Field Automation and Information Manage-
ment System following notification to the Committees on Appropria-
tions, which shall include a detailed explanation of the components
of such system: Provided further, That of the total amount made
available under this heading, no less than $20,653,000 shall be
obligated for regulatory and scientific training: Provided further,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN
AGRICULTURAL SERVICES
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer
the laws enacted by Congress for the Farm Service Agency, the
Foreign Agricultural Service, the Risk Management Agency, and
the Commodity Credit Corporation, $631,000.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service
Agency, $1,007,597,000: Provided, That the Secretary is authorized
to use the services, facilities, and authorities (but not the funds)
of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $4,000,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, $100,000, to remain available until
expended: Provided, That such program is carried out by the Sec-
retary in the same manner as the dairy indemnity program
described in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106–387, 114 Stat. 1549A–12).
Notification.
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118 STAT. 2822
PUBLIC LAW 108–447—DEC. 8, 2004
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans
(25 U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
farm ownership loans, $1,610,000,000, of which $1,400,000,000 shall
be for guaranteed loans and $210,000,000 shall be for direct loans;
operating loans, $2,035,000,000, of which $1,100,000,000 shall be
for unsubsidized guaranteed loans, $285,000,000 shall be for sub-
sidized guaranteed loans and $650,000,000 shall be for direct loans;
Indian tribe land acquisition loans, $2,000,000; and for boll weevil
eradication program loans, $100,000,000: Provided, That the Sec-
retary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: farm ownership loans,
$18,655,000, of which $7,420,000 shall be for guaranteed loans,
and $11,235,000 shall be for direct loans; operating loans,
$139,049,000, of which $35,530,000 shall be for unsubsidized
guaranteed loans, $37,934,000 shall be for subsidized guaranteed
loans, and $65,585,000 shall be for direct loans; and Indian tribe
land acquisition loans, $105,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $301,764,000, of
which $293,764,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insur-
ance Program Account for farm ownership and operating direct
loans and guaranteed loans may be transferred among these pro-
grams: Provided, That the Committees on Appropriations of both
Houses of Congress are notified at least 15 days in advance of
any transfer.
RISK MANAGEMENT AGENCY
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6933), $72,044,000: Provided, That not to exceed
$1,000 shall be available for official reception and representation
expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Govern-
ment Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
Notification.
Deadline.
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118 STAT. 2823
PUBLIC LAW 108–447—DEC. 8, 2004
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $5,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Resource Conservation
and Recovery Act (42 U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND
ENVIRONMENT
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer
the laws enacted by the Congress for the Forest Service and the
Natural Resources Conservation Service, $741,000.
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemi-
nation of information; acquisition of lands, water, and interests.
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118 STAT. 2824
PUBLIC LAW 108–447—DEC. 8, 2004
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $837,360,000,
to remain available until June 30, 2006, of which not less than
$10,500,000 is for snow survey and water forecasting, and not
less than $14,433,000 is for operation and establishment of the
plant materials centers, and of which not less than $23,500,000
shall be for the grazing lands conservation initiative: Provided,
That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that the
cost of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal
land, that the right to use such land is obtained as provided in
7 U.S.C. 2250a: Provided further, That this appropriation shall
be available for technical assistance and related expenses to carry
out programs authorized by section 202(c) of title II of the Colorado
River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Pro-
vided further, That qualified local engineers may be temporarily
employed at per diem rates to perform the technical planning
work of the Service: Provided further, That none of the funds
made available under this paragraph by this or any other appropria-
tions Act may be used to provide technical assistance with respect
to programs listed in section 1241(a) of the Food Security Act
of 1985 (16 U.S.C. 3841(a)).
WATERSHED SURVEYS AND PLANNING
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–
1009), $7,083,000: Provided, That none of the funds made available
under this paragraph by this or any other appropriations Act may
be used to provide technical assistance with respect to programs
listed in section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)).
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations,
methods of cultivation, the growing of vegetation, rehabilitation
of existing works and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C.
1001–1005 and 1007–1009), the provisions of the Act of April 27,
1935 (16 U.S.C. 590a–f), and in accordance with the provisions
of laws relating to the activities of the Department, $75,576,000,
to remain available until expended; of which up to $10,000,000
may be available for the watersheds authorized under the Flood
Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Provided, That
not to exceed $35,000,000 of this appropriation shall be available
for technical assistance: Provided further, That not to exceed
$1,000,000 of this appropriation is available to carry out the pur-
poses of the Endangered Species Act of 1973 (Public Law 93–
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118 STAT. 2825
PUBLIC LAW 108–447—DEC. 8, 2004
205), including cooperative efforts as contemplated by that Act
to relocate endangered or threatened species to other suitable habi-
tats as may be necessary to expedite project construction: Provided
further, That none of the funds made available under this paragraph
by this or any other appropriations Act may be used to provide
technical assistance with respect to programs listed in section
1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)).
WATERSHED REHABILITATION PROGRAM
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1012), and in accordance
with the provisions of laws relating to the activities of the Depart-
ment, $27,500,000, to remain available until expended: Provided,
That none of the funds made available under this paragraph by
this or any other appropriations Act may be used to provide tech-
nical assistance with respect to programs listed in section 1241(a)
of the Food Security Act of 1985 (16 U.S.C. 3841(a)).
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out projects
for resource conservation and development and for sound land use
pursuant to the provisions of sections 31 and 32 of the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the
Act of April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title
XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451–
3461), $51,641,000, to remain available until expended: Provided,
That none of the funds made available under this paragraph by
this or any other appropriations Act may be used to provide tech-
nical assistance with respect to programs listed in section 1241(a)
of the Food Security Act of 1985 (16 U.S.C. 3841(a)): Provided
further, That the Secretary shall enter into a cooperative or con-
tribution agreement with a national association regarding a
Resource Conservation and Development program and such agree-
ment shall contain the same matching, contribution requirements,
and funding level, set forth in a similar cooperative or contribution
agreement with a national association in fiscal year 2002: Provided
further, That not to exceed $3,504,300 shall be available for national
headquarters activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under
the laws enacted by the Congress for the Rural Housing Service,
the Rural Business-Cooperative Service, and the Rural Utilities
Service of the Department of Agriculture, $632,000.
Contracts.
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118 STAT. 2826
PUBLIC LAW 108–447—DEC. 8, 2004
RURAL COMMUNITY ADVANCEMENT PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except
for sections 381E–H and 381N of the Consolidated Farm and Rural
Development Act, $716,049,000, to remain available until expended,
of which $89,180,000 shall be for rural community programs
described in section 381E(d)(1) of such Act; of which $552,689,000
shall be for the rural utilities programs described in sections
381E(d)(2), 306C(a)(2), and 306D of such Act, of which not to exceed
$500,000 shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to exceed
$1,000,000 shall be available for the rural utilities program
described in section 306E of such Act; and of which $74,180,000
shall be for the rural business and cooperative development pro-
grams described in sections 381E(d)(3) and 310B(f) of such Act:
Provided, That of the total amount appropriated in this account,
$25,000,000 shall be for loans and grants to benefit Federally Recog-
nized Native American Tribes, including grants for drinking water
and waste disposal systems pursuant to section 306C of such Act,
of which $4,500,000 shall be available for community facilities
grants to tribal colleges, as authorized by section 306(a)(19) of
the Consolidated Farm and Rural Development Act, and of which
$250,000 shall be available for a grant to a qualified national
organization to provide technical assistance for rural transportation
in order to promote economic development: Provided further, That
of the amount appropriated for rural community programs,
$6,350,000 shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used solely
to develop the capacity and ability of private, nonprofit community-
based housing and community development organizations, low-
income rural communities, and Federally Recognized Native Amer-
ican Tribes to undertake projects to improve housing, community
facilities, community and economic development projects in rural
areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assist-
ance: Provided further, That such intermediary organizations shall
provide matching funds from other sources, including Federal funds
for related activities, in an amount not less than funds provided:
Provided further, That of the amount appropriated for the rural
business and cooperative development programs, not to exceed
$500,000 shall be made available for a grant to a qualified national
organization to provide technical assistance for rural transportation
in order to promote economic development; $1,000,000 shall be
for grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.)
for any purpose under this heading: Provided further, That of the
amount appropriated for rural utilities programs, not to exceed
$25,000,000 shall be for water and waste disposal systems to benefit
the Colonias along the United States/Mexico border, including
grants pursuant to section 306C of such Act; not to exceed
$26,000,000 shall be for water and waste disposal systems for
rural and native villages in Alaska pursuant to section 306D of
such Act, with up to 2 percent available to administer the program
and/or improve interagency coordination may be transferred to and
merged with the appropriation for ‘‘Rural Development, Salaries
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PUBLIC LAW 108–447—DEC. 8, 2004
and Expenses’’, of which $100,000 shall be provided to develop
a regional system for centralized billing, operation, and manage-
ment of rural water and sewer utilities through regional coopera-
tives, of which 25 percent shall be provided for water and sewer
projects in regional hubs, and the State of Alaska shall provide
a 25 percent cost share, and grantees may use up to 5 percent
of grant funds, not to exceed $35,000 per community, for the comple-
tion of comprehensive community safe water plans; not to exceed
$18,250,000 shall be for technical assistance grants for rural water
and waste systems pursuant to section 306(a)(14) of such Act,
of which $5,600,000 shall be for Rural Community Assistance Pro-
grams and not less than $800,000 shall be for a qualified national
Native American organization to provide technical assistance for
rural water systems for tribal communities; and not to exceed
$13,500,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical assist-
ance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $22,166,000 shall be available
through June 30, 2005, for authorized empowerment zones and
enterprise communities and communities designated by the Sec-
retary of Agriculture as Rural Economic Area Partnership Zones;
of which $1,081,000 shall be for the rural community programs
described in section 381E(d)(1) of such Act, of which $12,582,000
shall be for the rural utilities programs described in section
381E(d)(2) of such Act, and of which $8,503,000 shall be for the
rural business and cooperative development programs described
in section 381E(d)(3) of such Act: Provided further, That of the
amount appropriated for rural community programs, not to exceed
$21,000,000 shall be to provide grants for facilities in rural commu-
nities with extreme unemployment and severe economic depression
(Public Law 106–387), with 5 percent for administration and
capacity building in the State rural development offices: Provided
further, That of the amount appropriated, $28,000,000 shall be
transferred to and merged with the ‘‘Rural Utilities Service, High
Energy Cost Grants Account’’ to provide grants authorized under
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):
Provided further, That any prior year balances for high cost energy
grants authorized by section 19 of the Rural Electrification Act
of 1936 (7 U.S.C. 901(19)) shall be transferred to and merged
with the ‘‘Rural Utilities Service, High Energy Costs Grants
Account’’.
RURAL DEVELOPMENT SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the develop-
ment and operation of agricultural cooperatives; and for cooperative
agreements; $148,452,000: Provided, That of funds appropriated
under this title for salaries and expenses, not less than $5,000,000
shall be used to complete the consolidation of Rural Development
activities in St. Louis, to the Goodfellow facility also in St. Louis:
Provided further, That notwithstanding any other provision of law,
funds appropriated under this section may be used for advertising
and promotional activities that support the Rural Development
mission area: Provided further, That not more than $10,000 may
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118 STAT. 2828
PUBLIC LAW 108–447—DEC. 8, 2004
be expended to provide modest nonmonetary awards to non-USDA
employees: Provided further, That any balances available from prior
years for the Rural Utilities Service, Rural Housing Service, and
the Rural Business-Cooperative Service salaries and expenses
accounts shall be transferred to and merged with this appropriation.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $4,459,297,000 for loans to section 502 borrowers,
as determined by the Secretary, of which $1,150,000,000 shall be
for direct loans, and of which $3,309,297,000 shall be for unsub-
sidized guaranteed loans; $35,000,000 for section 504 housing repair
loans; $100,000,000 for section 515 rental housing; $100,000,000
for section 538 guaranteed multi-family housing loans; $5,045,000
for section 524 site loans; $11,501,000 for credit sales of acquired
property, of which up to $1,501,000 may be for multi-family credit
sales; and $10,000,000 for section 523 self-help housing land
development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: section 502 loans,
$166,778,000, of which $133,170,000 shall be for direct loans, and
of which $33,608,000, to remain available until expended, shall
be for unsubsidized guaranteed loans; section 504 housing repair
loans, $10,171,000; section 515 rental housing, $47,090,000; section
538 multi-family housing guaranteed loans, $3,490,000; multi-
family credit sales of acquired property, $727,000: Provided, That
of the total amount appropriated in this paragraph, $7,100,000
shall be available through June 30, 2005, for authorized empower-
ment zones and enterprise communities and communities des-
ignated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones: Provided further, That any funds under this
paragraph initially allocated by the Secretary for housing projects
in the State of Alaska that are not obligated by September 30,
2005, shall be carried over until September 30, 2006, and made
available for such housing projects only in the State of Alaska.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $448,342,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for eligible
households as authorized by section 502(c)(5)(D) of the Housing
Act of 1949, $592,000,000; and, in addition, such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided,
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118 STAT. 2829
PUBLIC LAW 108–447—DEC. 8, 2004
That of this amount, $5,900,000 shall be available for debt forgive-
ness or payments for eligible households as authorized by section
502(c)(5)(D) of the Act, and not to exceed $20,000 per project for
advances to nonprofit organizations or public agencies to cover
direct costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided further,
That agreements entered into or renewed during the current fiscal
year shall be funded for a four-year period: Provided further, That
any unexpended balances remaining at the end of such four-year
agreements may be transferred and used for the purposes of any
debt reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain
available until expended: Provided, That of the total amount appro-
priated, $1,000,000 shall be available through June 30, 2005, for
authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
RURAL HOUSING ASSISTANCE GRANTS
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and
1490m, $43,992,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for loans to private non-
profit organizations, or such non-profit organizations’ affiliate loan
funds and State housing finance agencies, to carry out a housing
demonstration program to provide revolving loans for the preserva-
tion of low-income multi-family housing projects: Provided further,
That loans under such demonstration program shall have an
interest rate of not more than 1 percent direct loan to the recipient:
Provided further, That the Secretary may defer the interest and
principal payment to the Rural Housing Service for up to 3 years
and the term of such loans shall not exceed 30 years: Provided
further, That of the total amount appropriated, $1,800,000 shall
be available through June 30, 2005, for authorized empowerment
zones and enterprise communities and communities designated by
the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
FARM LABOR PROGRAM ACCOUNT
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $34,118,000, to remain available
until expended, for direct farm labor housing loans and domestic
farm labor housing grants and contracts.
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118 STAT. 2830
PUBLIC LAW 108–447—DEC. 8, 2004
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), $34,213,000.
For the cost of direct loans, $15,868,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2005, for Federally
Recognized Native American Tribes and of which $3,449,000 shall
be available through June 30, 2005, for Mississippi Delta Region
counties (as determined in accordance with Public Law 100–460):
Provided, That of such amount made available, the Secretary may
provide up to $1,500,000 for the Delta Regional Authority (7 U.S.C.
1921 et seq.): Provided further, That such costs, including the
cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That
of the total amount appropriated, $2,447,000 shall be available
through June 30, 2005, for the cost of direct loans for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,316,000 shall be transferred to and merged with
the appropriation for ‘‘Rural Development, Salaries and Expenses’’.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$25,003,000.
For the cost of direct loans, including the cost of modifying
loans as defined in section 502 of the Congressional Budget Act
of 1974, $4,698,000, to remain available until expended.
Of the funds derived from interest on the cushion of credit
payments in the current fiscal year, as authorized by section 313
of the Rural Electrification Act of 1936, $4,698,000 shall not be
obligated and $4,698,000 are rescinded.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $24,000,000, of which $2,500,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $1,500,000
shall be for cooperatives or associations of cooperatives whose pri-
mary focus is to provide assistance to small, minority producers
and whose governing board and/or membership is comprised of
at least 75 percent minority; and of which not to exceed $15,500,000,
to remain available until expended, shall be for value-added agricul-
tural product market development grants, as authorized by section
6401 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1621 note).
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118 STAT. 2831
PUBLIC LAW 108–447—DEC. 8, 2004
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $12,500,000, to
remain available until expended, for designated rural empowerment
zones and rural enterprise communities, as authorized by the Tax-
payer Relief Act of 1997 and the Omnibus Consolidated and Emer-
gency Supplemental Appropriations Act, 1999 (Public Law 105–
277): Provided, That of the funds appropriated, $1,000,000 shall
be made available to third round empowerment zones, as authorized
by the Community Renewal Tax Relief Act (Public Law 106–554).
RENEWABLE ENERGY PROGRAM
For the cost of a program of direct loans, loan guarantees,
and grants, under the same terms and conditions as authorized
by section 9006 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8106), $23,000,000 for direct and guaranteed
renewable energy loans and grants: Provided, That the cost of
direct loans and loan guarantees, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
RURAL UTILITIES SERVICE
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Insured loans pursuant to the authority of section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made
as follows: 5 percent rural electrification loans, $120,000,000; munic-
ipal rate rural electric loans, $100,000,000; loans made pursuant
to section 306 of that Act, rural electric, $2,100,000,000; Treasury
rate direct electric loans, $1,000,000,000; guaranteed underwriting
loans pursuant to section 313A, $1,000,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural tele-
communications loans, $250,000,000; and for loans made pursuant
to section 306 of that Act, rural telecommunications loans,
$125,000,000.
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, including the cost of modifying loans, of direct
and guaranteed loans authorized by sections 305 and 306 of the
Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows:
cost of rural electric loans, $5,058,000, and the cost of telecommuni-
cations loans, $100,000: Provided, That notwithstanding section
305(d)(2) of the Rural Electrification Act of 1936, borrower interest
rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,277,000 which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
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118 STAT. 2832
PUBLIC LAW 108–447—DEC. 8, 2004
RURAL TELEPHONE BANK PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corpora-
tion in accord with law, and to make such contracts and commit-
ments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out its authorized programs. During fiscal
year 2005 and within the resources and authority available, gross
obligations for the principal amount of direct loans shall be
$175,000,000.
In addition, for administrative expenses, including audits, nec-
essary to carry out the loan programs, $3,152,000, which shall
be transferred to and merged with the appropriation for ‘‘Rural
Development, Salaries and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For the principal amount of direct distance learning and tele-
medicine loans, $50,000,000; and for the principal amount of direct
broadband telecommunication loans, $550,000,000.
For the cost of direct loans and grants for telemedicine and
distance learning services in rural areas, as authorized by 7 U.S.C.
950aaa et seq., $35,710,000, to remain available until expended,
of which $710,000 shall be for direct loans: Provided, That the
cost of direct loans shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That $10,000,000 shall
be made available to convert analog to digital operation those
noncommercial educational television broadcast stations that serve
rural areas and are qualified for Community Service Grants by
the Corporation for Public Broadcasting under section 396(k) of
the Communications Act of 1934, including associated translators
and repeaters, regardless of the location of their main transmitter,
studio-to-transmitter links, and equipment to allow local control
over digital content and programming through the use of high-
definition broadcast, multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $11,715,000, to remain available until September 30,
2006: Provided, That the interest rate for such loans shall be
the cost of borrowing to the Department of the Treasury for obliga-
tions of comparable maturity: Provided further, That the cost of
direct loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $9,000,000, to remain available until expended,
for a grant program to finance broadband transmission in rural
areas eligible for Distance Learning and Telemedicine Program
benefits authorized by 7 U.S.C. 950aaa.
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118 STAT. 2833
PUBLIC LAW 108–447—DEC. 8, 2004
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND
CONSUMER SERVICES
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer
the laws enacted by the Congress for the Food and Nutrition
Service, $595,000.
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the National School Lunch
Act (42 U.S.C. 1751 et seq.), except section 21, and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $11,782,000,000, to remain available through September
30, 2006, of which $6,629,038,000 is hereby appropriated and
$5,152,962,000 shall be derived by transfer from funds available
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c):
Provided, That none of the funds made available under this heading
shall be used for studies and evaluations: Provided further, That
up to $5,235,000 shall be available for independent verification
of school food service claims.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $5,277,250,000, to remain available
through September 30, 2006, of which $125,000,000 shall be placed
in reserve, to remain available until expended, to be allocated
as the Secretary deems necessary, notwithstanding section 17(i)
of such Act, to support participation should cost or participation
exceed budget estimates: Provided, That of the total amount avail-
able, the Secretary shall obligate not less than $15,000,000 for
a breastfeeding support initiative in addition to the activities speci-
fied in section 17(h)(3)(A): Provided further, That notwithstanding
section 17(h)(10)(A) of such Act, $14,000,000 shall be available
for the purposes specified in section 17(h)(10)(B): Provided further,
That none of the funds made available under this heading shall
be used for studies and evaluations: Provided further, That none
of the funds in this Act shall be available to pay administrative
expenses of WIC clinics except those that have an announced policy
of prohibiting smoking within the space used to carry out the
program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Govern-
ment departments or agencies unless authorized by section 17 of
such Act.
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118 STAT. 2834
PUBLIC LAW 108–447—DEC. 8, 2004
FOOD STAMP PROGRAM
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $35,154,554,000, of which $3,000,000,000 to
remain available through September 30, 2006, shall be placed in
reserve for use only in such amounts and at such times as may
become necessary to carry out program operations: Provided, That
none of the funds made available under this heading shall be
used for studies and evaluations: Provided further, That of the
funds made available under this heading and not already appro-
priated to the Food Distribution Program on Indian Reservations
(FDPIR) established under section 4(b) of the Food Stamp Act
of 1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000 shall be used
to purchase bison meat for the FDPIR from Native American bison
producers as well as from producer-owned cooperatives of bison
ranchers: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act:
Provided further, That this appropriation shall be subject to any
work registration or workfare requirements as may be required
by law: Provided further, That funds made available for Employ-
ment and Training under this heading shall remain available until
expended, as authorized by section 16(h)(1) of the Food Stamp
Act: Provided further, That notwithstanding section 5(d) of the
Food Stamp Act of 1977, any additional payment received under
chapter 5 of title 37, United States Code, by a member of the
United States Armed Forces deployed to a designated combat zone
shall be excluded from household income for the duration of the
member’s deployment if the additional pay is the result of deploy-
ment to or while serving in a combat zone, and it was not received
immediately prior to serving in the combat zone.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the commodity supplemental food program as authorized by section
4(a) of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
and special assistance (in a form determined by the Secretary
of Agriculture) for the nuclear affected islands, as authorized by
section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutri-
tion Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $178,797,000, to remain available through September
30, 2006: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2005 to support the Senior Farmers’ Market Nutrition
Program, as authorized by section 4402 of Public Law 107–171,
such funds shall remain available through September 30, 2006.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the domestic nutrition
assistance programs funded under this Act, $139,937,000, of which
$5,000,000 shall be available only for simplifying procedures,
reducing overhead costs, tightening regulations, improving food
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118 STAT. 2835
PUBLIC LAW 108–447—DEC. 8, 2004
stamp benefit delivery, and assisting in the prevention, identifica-
tion, and prosecution of fraud and other violations of law.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954
(7 U.S.C. 1761–1768), market development activities abroad, and
for enabling the Secretary to coordinate and integrate activities
of the Department in connection with foreign agricultural work,
including not to exceed $158,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $137,822,000: Provided, That the Service
may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements executed
pursuant to the agricultural food production assistance programs
(7 U.S.C. 1737) and the foreign assistance programs of the United
States Agency for International Development.
PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of agreements under the Agricultural Trade
Development and Assistance Act of 1954, and the Food for Progress
Act of 1985, including the cost of modifying credit arrangements
under said Acts, $94,198,000, to remain available until expended:
Provided, That the Secretary of Agriculture may implement a com-
modity monetization program under existing provisions of the Food
for Progress Act of 1985 to provide no less than $5,000,000 in
local-currency funding support for rural electrification development
overseas.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83–480, and the Food for Progress
Act of 1985, to the extent funds appropriated for Public Law 83–
480 are utilized, $4,034,000, of which $1,097,000 may be transferred
to and merged with the appropriation for ‘‘Foreign Agricultural
Service, Salaries and Expenses’’, and of which $2,937,000 may
be transferred to and merged with the appropriation for ‘‘Farm
Service Agency, Salaries and Expenses’’.
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS
(INCLUDING TRANSFER OF FUNDS)
For ocean freight differential costs for the shipment of agricul-
tural commodities under title I of the Agricultural Trade Develop-
ment and Assistance Act of 1954 and under the Food for Progress
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118 STAT. 2836
PUBLIC LAW 108–447—DEC. 8, 2004
Act of 1985, $22,723,000, to remain available until expended: Pro-
vided, That funds made available for the cost of agreements under
title I of the Agricultural Trade Development and Assistance Act
of 1954 and for title I ocean freight differential may be used inter-
changeably between the two accounts with prior notice to the
Committees on Appropriations of both Houses of Congress.
PUBLIC LAW 480 TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Agricultural Trade Development and Assistance
Act of 1954, for commodities supplied in connection with dispositions
abroad under title II of said Act, $1,182,501,000, to remain available
until expended.
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s export guarantee program, GSM 102 and GSM 103,
$4,423,000; to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
$3,421,000 may be transferred to and merged with the appropriation
for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of
which $1,002,000 may be transferred to and merged with the appro-
priation for ‘‘Farm Service Agency, Salaries and Expenses’’.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $87,500,000, to remain available until expended:
Provided, That the Commodity Credit Corporation is authorized
to provide the services, facilities, and authorities for the purpose
of implementing such section, subject to reimbursement from
amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for pay-
ment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Adminis-
tration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; for miscellaneous
and emergency expenses of enforcement activities, authorized and
Notice.
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118 STAT. 2837
PUBLIC LAW 108–447—DEC. 8, 2004
approved by the Secretary and to be accounted for solely on the
Secretary’s certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107–188; $1,788,478,000: Provided, That
of the amount provided under this heading, $284,394,000 shall
be derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available
until expended; $33,938,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; and $8,354,000
shall be derived from animal drug user fees authorized by 21
U.S.C. 379j, and shall be credited to this account and remain
available until expended: Provided further, That fees derived from
prescription drug, medical device, and animal drug assessments
received during fiscal year 2005, including any such fees assessed
prior to the current fiscal year but credited during the current
year, shall be subject to the fiscal year 2005 limitation: Provided
further, That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1)
$439,038,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $498,647,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs; (3) $172,714,000 shall be for the Center for Biologics Evalua-
tion and Research and for related field activities in the Office
of Regulatory Affairs; (4) $98,964,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office
of Regulatory Affairs; (5) $235,078,000 shall be for the Center
for Devices and Radiological Health and for related field activities
in the Office of Regulatory Affairs; (6) $40,530,000 shall be for
the National Center for Toxicological Research; (7) $57,722,000
shall be for Rent and Related activities, other than the amounts
paid to the General Services Administration for rent; (8)
$129,815,000 shall be for payments to the General Services
Administration for rent; and (9) $115,970,000 shall be for other
activities, including the Office of the Commissioner; the Office of
Management; the Office of External Relations; the Office of Policy
and Planning; and central services for these offices: Provided fur-
ther, That funds may be transferred from one specified activity
to another with the prior approval of the Committees on Appropria-
tions of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available until
expended.
In addition, export certification user fees authorized by 21
U.S.C. 381 may be credited to this account, to remain available
until expended.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of the Com-
modity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
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118 STAT. 2838
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include multiple year leases) in the District of Columbia and else-
where, $94,327,000, including not to exceed $3,000 for official recep-
tion and representation expenses.
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $42,350,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Pro-
vided, That this limitation shall not apply to expenses associated
with receiverships.
TITLE VII—GENERAL PROVISIONS
SEC. 701. Within the unit limit of cost fixed by law, appropria-
tions and authorizations made for the Department of Agriculture
for the current fiscal year under this Act shall be available for
the purchase, in addition to those specifically provided for, of not
to exceed 388 passenger motor vehicles, of which 388 shall be
for replacement only, and for the hire of such vehicles.
SEC. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor
as authorized by law (5 U.S.C. 5901–5902).
SEC. 703. Funds appropriated by this Act shall be available
for employment pursuant to the second sentence of section 706(a)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2225) and 5 U.S.C. 3109.
SEC. 704. New obligational authority provided for the following
appropriation items in this Act shall remain available until
expended: Animal and Plant Health Inspection Service, the contin-
gency fund to meet emergency conditions, information technology
infrastructure, fruit fly program, emerging plant pests, boll weevil
program, low pathogen avian influenza program, up to $33,197,000
in animal health monitoring and surveillance for the animal identi-
fication system, up to $3,000,000 in the emergency management
systems program for the vaccine bank, up to $1,000,000 for wildlife
services methods development, up to $1,000,000 of the wildlife
services operations program for aviation safety, and up to 25 percent
of the screwworm program; Food Safety and Inspection Service,
field automation and information management project; Cooperative
State Research, Education, and Extension Service, funds for
competitive research grants (7 U.S.C. 450i(b)), funds for the
Research, Education, and Economics Information System, and funds
for the Native American Institutions Endowment Fund; Farm
Service Agency, salaries and expenses funds made available to
county committees; Foreign Agricultural Service, middle-income
country training program, and up to $1,565,000 of the Foreign
Agricultural Service appropriation solely for the purpose of offset-
ting fluctuations in international currency exchange rates, subject
to documentation by the Foreign Agricultural Service.
SEC. 705. The Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of
plant and capital equipment necessary for the delivery of financial,
7 USC 2209b.
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administrative, and information technology services of primary ben-
efit to the agencies of the Department of Agriculture: Provided,
That none of the funds made available by this Act or any other
Act shall be transferred to the Working Capital Fund without
the prior approval of the agency administrator: Provided further,
That none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation without
the prior approval of the Committees on Appropriations of both
Houses of Congress.
SEC. 706. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 707. Not to exceed $50,000 of the appropriations available
to the Department of Agriculture in this Act shall be available
to provide appropriate orientation and language training pursuant
to section 606C of the Act of August 28, 1954 (7 U.S.C. 1766b).
SEC. 708. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institu-
tions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation to
lease space for its own use or to lease space on behalf of other
agencies of the Department of Agriculture when such space will
be jointly occupied.
SEC. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the
Cooperative State Research, Education, and Extension Service that
exceed 20 percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National Agri-
cultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education, and
Extension Service shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small Business
Act (15 U.S.C. 638).
SEC. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered estimates,
not limitations.
SEC. 712. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to cover
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Telephone Bank program account, the Rural Electrification
and Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
SEC. 713. None of the funds in this Act may be used to retire
more than 5 percent of the Class A stock of the Rural Telephone
Bank or to maintain any account or subaccount within the
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118 STAT. 2840
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accounting records of the Rural Telephone Bank the creation of
which has not specifically been authorized by statute: Provided,
That notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available in this Act may be used
to transfer to the Treasury or to the Federal Financing Bank
any unobligated balance of the Rural Telephone Bank telephone
liquidating account which is in excess of current requirements and
such balance shall receive interest as set forth for financial accounts
in section 505(c) of the Federal Credit Reform Act of 1990.
SEC. 714. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of activi-
ties related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
SEC. 715. None of the funds appropriated by this Act may
be used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection
Act (21 U.S.C. 471).
SEC. 716. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual’s employing agency or office
is fully reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
SEC. 717. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to transmit
or otherwise make available to any non-Department of Agriculture
employee questions or responses to questions that are a result
of information requested for the appropriations hearing process.
SEC. 718. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be trans-
ferred to the Office of the Chief Information Officer without the
prior approval of the Committees on Appropriations of both Houses
of Congress: Provided further, That none of the funds available
to the Department of Agriculture for information technology shall
be obligated for projects over $25,000 prior to receipt of written
approval by the Chief Information Officer.
SEC. 719. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the cur-
rent fiscal year, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
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118 STAT. 2841
PUBLIC LAW 108–447—DEC. 8, 2004
on Appropriations of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a re-
programming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing pro-
gram, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Con-
gress are notified 15 days in advance of such reprogramming of
funds.
(c) The Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on Appropriations
of both Houses of Congress before implementing a program or
activity not carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically funded
by any other Act.
SEC. 720. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations incurred
in prior fiscal years, none of the funds appropriated or otherwise
made available by this or any other Act may be used to pay
the salaries and expenses of personnel to carry out the provisions
of section 401 of Public Law 105–185, the Initiative for Future
Agriculture and Food Systems (7 U.S.C. 7621).
SEC. 721. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s Budget submission to the Congress of the United States
for programs under the jurisdiction of the Appropriations Sub-
committees on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of
the Budget unless such Budget submission identifies which addi-
tional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of
a committee of conference for the fiscal year 2006 appropriations
Act.
SEC. 722. None of the funds made available by this or any
other Act may be used to close or relocate a State Rural Develop-
ment office unless or until cost effectiveness and enhancement
of program delivery have been determined.
SEC. 723. In addition to amounts otherwise appropriated or
made available by this Act, $2,500,000 is appropriated for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships, through the Congressional Hunger Center.
SEC. 724. Notwithstanding section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f), any
Notification.
Notification.
Deadline.
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118 STAT. 2842
PUBLIC LAW 108–447—DEC. 8, 2004
balances available to carry out title III of such Act as of the
date of enactment of this Act, and any recoveries and reimburse-
ments that become available to carry out title III of such Act,
may be used to carry out title II of such Act.
SEC. 725. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ‘‘$26,998,000’’ and inserting ‘‘$27,998,000’’.
SEC. 726. (a) None of the funds appropriated or otherwise
made available by this Act shall be used to pay the salaries and
expenses of personnel to collect from the lender at the time of
issuance a guarantee fee of less than 2 percent of the principal
obligation of guaranteed single-family housing loans administered
by the Rural Housing Service: Provided, That this section shall
not apply to loans made to refinance other single-family housing
loans administered by the Rural Housing Service.
(b) Section 502(h)(6)(C) of the Housing Act of 1949 (42 U.S.C.
1472(h)(6)(C)) is amended by inserting ‘‘, plus the guarantee fee
as authorized by subsection (h)(7)’’ after ‘‘whichever is less’’, in
each of paragraphs (i) and (ii).
SEC. 727. Notwithstanding any other provision of law, and
until receipt of the decennial Census in the year 2010, the Secretary
of Agriculture shall consider—
(1) the City of Salinas, California; the City of Watsonville,
California; and the City of Hollister, California, eligible for
programs administered by the Rural Housing Service;
(2) the Town of Horseshoe Beach, Florida; the City of
Wewahitchka, Florida; the City of Southport, Florida; the City
of Resota Beach, Florida; the City of Creedmoor, North Caro-
lina; the County of Lake, Florida; the City of St. Cloud, Florida;
the City of Plantation, Florida; the Cleburne County Water
Authority of Alabama; and the City of Coburg, Oregon, eligible
for loans and grants funded through the rural utilities programs
in the Rural Community Advancement Program account;
(3) the City of Casa Grande, Arizona, a rural area for
purposes of eligibility for loans and grants provided through
the Rural Housing Insurance Fund Program account, the Rural
Housing Assistance Grants account and the rural utilities pro-
grams in the Rural Community Advancement Program account;
(4) the City of Coachella, California, eligible for loans and
grants funded through the rural utilities programs and rural
business and cooperative development programs in the Rural
Community Advancement Program account and the Rural
Housing Insurance Fund Program account;
(5) the City of Springfield, Ohio; the City of Lexington,
Virginia; the City of Clarksdale, Mississippi; the City of Vicks-
burg, Mississippi; the City of Cache, Oklahoma; and the City
of Elgin, Oklahoma, eligible for loans and grants funded
through the rural community programs in the Rural Commu-
nity Advancement Program account;
(6) the City of Carbondale, Illinois, a rural area for purposes
of eligibility for loans and grants funded through the Rural
Housing Insurance Fund Program account and the Rural
Housing Assistance Grants account;
(7) the City of St. Joseph, Missouri, eligible for loans and
grants funded through the rural business and cooperative
development programs in the Rural Community Advancement
Program account relating to an application submitted to the
State listing.
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Department by a farmer-owned cooperative, a majority of whose
members reside in a rural area, as determined by the Secretary,
and for the purchase and operation of a facility beneficial
to the purpose of the cooperative; and
(8) the fiber-to-premises broadband facilities in St. Lucie
County, Florida, and the City of Port St. Lucie, Florida, collec-
tively, to meet the eligibility requirements for loans and loan
guarantees under section 601 of the Rural Electrification Act
of 1936 (7 U.S.C. 950bb).
SEC. 728. Of any shipments of commodities made pursuant
to section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)),
the Secretary of Agriculture shall, to the extent practicable, direct
that tonnage equal in value to not more than $25,000,000 shall
be made available to foreign countries to assist in mitigating the
effects of the Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome on communities, including the provi-
sion of—
(1) agricultural commodities to—
(A) individuals with Human Immunodeficiency Virus
or Acquired Immune Deficiency Syndrome in the commu-
nities; and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and micro-
enterprise programs) to create or restore sustainable livelihoods
among individuals in the communities, particularly individuals
caring for orphaned children.
SEC. 729. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance to the DuPage County, Illinois, Kress Creek
Water Quality Enhancement Project, from funds available for the
Watershed and Flood Prevention Operations program, not to exceed
$1,000,000 and Rockhouse Creek Watershed, Leslie County, Ken-
tucky, not to exceed $1,000,000.
SEC. 730. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial and
technical assistance through the Watershed and Flood Prevention
Operations program for the Kuhn Bayou project in Arkansas, the
Matanuska River erosion control project in Alaska, the DuPage
County watershed project in Illinois, and the Coal Creek project
in Utah.
SEC. 731. 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 or any other appropriation
Act.
SEC. 732. Notwithstanding any other provision of law, of the
funds made available in this Act for competitive research grants
(7 U.S.C. 450i(b)), the Secretary may use up to 20 percent of
the amount provided to carry out a competitive grants program
under the same terms and conditions as those provided in section
401 of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7621).
SEC. 733. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
HIV/AIDS.
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PUBLIC LAW 108–447—DEC. 8, 2004
expenses of personnel to carry out section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).
SEC. 734. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or relocate,
or to plan to close or relocate, the Food and Drug Administration
Division of Pharmaceutical Analysis in St. Louis, Missouri, outside
the city or county limits of St. Louis, Missouri.
SEC. 735. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out subtitle I of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009dd through dd–
7).
SEC. 736. Agencies and offices of the Department of Agriculture
may utilize any unobligated salaries and expenses funds to
reimburse the Office of the General Counsel for salaries and
expenses of personnel, and for other related expenses, incurred
in representing such agencies and offices in the resolution of com-
plaints by employees or applicants for employment, and in cases
and other matters pending before the Equal Employment Oppor-
tunity Commission, the Federal Labor Relations Authority, or the
Merit Systems Protection Board with the prior approval of the
Committees on Appropriations of both Houses of Congress.
SEC. 737. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6405 of Public Law
107–171 (7 U.S.C. 2655).
SEC. 738. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have
statutory authority to purchase interest bearing investments outside
of the Treasury, are not required to establish obligations and outlays
for those investments, provided those investments are insured by
the Federal Deposit Insurance Corporation or are collateralized
at the Federal Reserve with securities approved by the Federal
Reserve, operating under the guidelines of the United States
Department of the Treasury.
SEC. 739. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary
may use up to $10,000,000 for costs associated with the distribution
of commodities.
SEC. 740. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to enroll in excess of 154,500 acres
in the calendar year 2005 wetlands reserve program as authorized
by 16 U.S.C. 3837.
SEC. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel who carry out an environmental quality
incentives program authorized by chapter 4 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.)
in excess of $1,017,000,000.
SEC. 742. Hereafter, the Secretary of Agriculture is authorized
to permit employees of the United States Department of Agriculture
to carry and use firearms for personal protection while conducting
field work in remote locations in the performance of their official
duties.
SEC. 743. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
Firearms.
7 USC 2274a.
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and expenses of personnel to expend the $23,000,000 made available
by section 9006(f) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8106(f)).
SEC. 744. With the exception of funds provided in fiscal year
2003, none of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and
expenses of personnel to expend the $40,000,000 made available
by section 601(j)(1)(A) of the Rural Electrification Act of 1936 (7
U.S.C. 950bb(j)(1)(A)).
SEC. 745. None of the funds made available in fiscal year
2005 or preceding fiscal years for programs authorized under the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of
eligible commodities under section 302(f)(2)(A) of the Bill Emerson
Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, That any
such funds made available to reimburse the Commodity Credit
Corporation shall only be used pursuant to section 302(b)(2)(B)(i)
of the Bill Emerson Humanitarian Trust Act.
SEC. 746. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to expend the $80,000,000 made available
by section 6401(a) of Public Law 107–171.
SEC. 747. Notwithstanding subsections (c) and (e)(2) of section
313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2))
in implementing section 313A of that Act, the Secretary shall,
with the consent of the lender, structure the schedule for payment
of the annual fee, not to exceed an average of 30 basis points
per year for the term of the loan, to ensure that sufficient funds
are available to pay the subsidy costs for note guarantees under
that section.
SEC. 748. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide from appro-
priated funds financial and technical assistance to the Dry Creek
project, Utah.
SEC. 749. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a Conservation Security
Program authorized by 16 U.S.C. 3838 et seq., in excess of
$202,411,000.
SEC. 750. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2502 of Public
Law 107–171 in excess of $47,000,000.
SEC. 751. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2503 of Public
Law 107–171 in excess of $112,000,000.
SEC. 752. The Secretary of Agriculture shall use $30,000,000
of the funds of the Commodity Credit Corporation, to remain avail-
able until expended, to compensate commercial citrus and lime
growers in the State of Florida for tree replacement and for lost
production with respect to trees removed to control citrus canker,
and with respect to certified citrus nursery stocks within the citrus
canker quarantine areas, as determined by the Secretary. For a
grower to receive assistance for a tree under this section, the
tree must have been removed after September 30, 2001.
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PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 753. Not more than $10,000,000 for fiscal year 2005 of
the funds appropriated or otherwise made available by this or
any other Act shall be used to carry out section 6029 of Public
Law 107–171.
SEC. 754. None of the funds appropriated or otherwise made
available in this Act shall be expended to violate Public Law 105–
264.
SEC. 755. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a ground and surface water
conservation program authorized by section 2301 of Public Law
107–171 in excess of $51,000,000.
SEC. 756. None of the funds made available by this Act may
be used to issue a final rule in furtherance of, or otherwise imple-
ment, the proposed rule on cost-sharing for animal and plant health
emergency programs of the Animal and Plant Health Inspection
Service published on July 8, 2003 (Docket No. 02–062–1; 68 Fed.
Reg. 40541).
SEC. 757. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a contract
with a private party to carry out, without specific authorization
in a subsequent Act of Congress, a competitive sourcing activity
of the Secretary of Agriculture, including support personnel of the
Department of Agriculture, relating to rural development or farm
loan programs.
SEC. 758. Notwithstanding any other provision of law, the
Secretary of Agriculture may use appropriations available to the
Secretary for activities authorized under sections 426–426c of title
7, United States Code, under this or any other Act, to enter into
cooperative agreements, with a State, political subdivision, or
agency thereof, a public or private agency, organization, or any
other person, to lease aircraft if the Secretary determines that
the objectives of the agreement will: (1) serve a mutual interest
of the parties to the agreement in carrying out the programs
administered by the Animal and Plant Health Inspection Service,
Wildlife Services; and (2) all parties will contribute resources to
the accomplishment of these objectives; award of a cooperative
agreement authorized by the Secretary may be made for an initial
term not to exceed 5 years.
SEC. 759. There is hereby appropriated $1,491,000, to remain
available until September 30, 2006, to carry out section 6028 of
Public Law 107–171: Provided, That notwithstanding section
383B(g)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2009bb–1(g)(1)), the Federal share of the administrative
expenses of the Northern Great Plains Regional Authority for fiscal
year 2005 shall be 100 percent.
SEC. 760. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 9010 of Public
Law 107–171 in excess of $100,000,000.
SEC. 761. (a) The matter under the heading ‘‘Rural Community
Advancement Program’’ in division A—Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Pro-
grams Appropriations, 2004, title III—Rural Development Pro-
grams, in Public Law 108–199 is amended by striking ‘‘$1,750,000
shall be for grants to the Delta Regional Authority (7 U.S.C. 1921
et seq.); and not less than $2,000,000 shall be available for grants
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in accordance with section 310B(f) of the Consolidated Farm and
Rural Development Act’’ and inserting ‘‘and not less than $2,000,000
shall be available for grants in accordance with section 310B(f)
of the Consolidated Farm and Rural Development Act: Provided
further, That of the total amount appropriated in this account,
$1,750,000 shall be for grants to the Delta Regional Authority
(7 U.S.C. 1921 et seq.) for any Rural Community Advancement
Program purpose’’.
(b) Consistent with any legal commitments made by the Delta
Regional Authority, at the request of the Authority and if the
Secretary of Agriculture agrees, the Secretary may deobligate any
unexpended Rural Community Advancement Program grant funds
made to the Authority pursuant to division A of Public Law 108–
7: Provided, That such reobligated funds are used by the Authority
for projects that are consistent with the purposes of the Rural
Housing Service Community Facilities Program.
SEC. 762. Of the unobligated balances available in the Rural
Housing Assistance Grant Program account, $1,000,000 is hereby
rescinded.
SEC. 763. Agencies and offices of the Department of Agriculture
may utilize any available discretionary funds to cover the costs
of preparing, or contracting for the preparation of, final agency
decisions regarding complaints of discrimination in employment
or program activities arising within such agencies and offices.
SEC. 764. Of the unobligated balances available in the Rural
Housing Insurance Fund Program account, $3,000,000 is hereby
rescinded.
SEC. 765. Notwithstanding any other provision of law, for any
fiscal year and hereafter, in the case of a high cost isolated rural
area in Alaska that is not connected to a road system, the maximum
level for the single family housing assistance shall be 150 percent
of the average income level in the metropolitan areas of the State
and 115 percent of all other eligible areas of the State.
SEC. 766. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 in fiscal years 2002,
2003, 2004, and 2005 shall remain available until expended to
cover obligations made in fiscal years 2002, 2003, 2004, and 2005,
respectively, and are not available for new obligations.
SEC. 767. There is hereby appropriated $1,500,000, to remain
available until expended, for the Denali Commission to address
deficiencies in solid waste disposal sites which threaten to contami-
nate rural drinking water supplies.
SEC. 768. Notwithstanding any other provision of law—
(1)(A) the Alaska Department of Community and Economic
Development shall be eligible to receive a water and waste
disposal grant under section 306(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)) in an amount
that is equal to not more than 75 percent of the total cost
of providing water and sewer service to the proposed hospital
in the Matanuska-Susitna Borough, Alaska; and
(B) the Alaska Department of Community and Economic
Development shall be allowed to pass the grant funds through
to the local government entity that will provide water and
sewer service to the hospital;
(2) or any percentage of cost limitation in current law
or regulations, the construction projects known as the Tri-
Valley Community Center addition in Healy, Alaska; the Cold
42 USC 1472
note.
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Climate Housing Research Center in Fairbanks, Alaska; and
the University of Alaska-Fairbanks Allied Health Learning
Center skill labs/classrooms shall be eligible to receive Commu-
nity Facilities grants in amounts that are equal to not more
than 75 percent of the total facility costs: Provided, That for
the purposes of this paragraph, the Cold Climate Housing
Research Center is designated an ‘‘essential community facility’’
for rural Alaska;
(3) the Secretary shall consider the City of Guymon, Okla-
homa; the City of Shawnee, Oklahoma; the Village of New
Miami, Ohio; the City of Vicksburg, Mississippi; and the City
of Altus, Oklahoma, to be eligible for loans and grants provided
through the Rural Housing Insurance Fund until receipt of
the decennial Census in the year 2010;
(4) grants made under section 306(a)(19) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1926(a)(19))
using funds made available under this Act for the cities of
Ellisville and Waynesboro, Mississippi, shall be made without
a non-Federal cost share requirement;
(5) the City of Great Falls, Montana, shall be considered
a rural area for purposes of eligibility for business and industry
guaranteed loans under section 310B(a)(1) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(a)(1)) until
receipt of the decennial Census in the year 2010;
(6) the Secretary may consider the Piedmont Municipal
Power Agency of South Carolina eligible to participate in pro-
grams administered by the Rural Utilities Service until receipt
of the decennial Census in the year 2010; and
(7) until receipt of the decennial Census for the year 2010,
for all activities under programs of the Rural Development
Mission Area within the County of Honolulu, Hawaii, the Sec-
retary may designate any portion of the county as a rural
area or eligible rural community that the Secretary determines
is not urban in character: Provided, That the Secretary shall
not include in any such rural area or eligible rural community
any area included in the Honolulu Census Designated Place
as determined by the Secretary of Commerce.
SEC. 769. Section 501 of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1737) is amended—
(1) in subsection (b)(1), by inserting ‘‘and Doug Bereuter’’
after ‘‘John Ogonowski’’; and
(2) in the heading, by inserting ‘‘AND DOUG BEREUTER’’
after ‘‘JOHN OGONOWSKI’’.
SEC. 770. Notwithstanding the provisions of the Consolidated
Farm and Rural Development Act (including the associated regula-
tions) governing the Community Facilities Program, the Secretary
may allow all Community Facility Program facility borrowers and
grantees to enter into contracts with not-for-profit third parties
for services consistent with the requirements of the Program, grant,
and/or loan: Provided, That the contracts protect the interests of
the Government regarding cost, liability, maintenance, and adminis-
trative fees.
SEC. 771. Notwithstanding any other provision of law, the
Secretary of Agriculture is authorized to make funding and other
assistance available through the emergency watershed protection
program under section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203) to repair and prevent damage to non-Federal
Contracts.
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118 STAT. 2849
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land in watersheds that have been impaired by fires initiated by
the Federal Government and shall waive cost sharing requirements
for the funding and assistance.
SEC. 772. None of the funds made available in this Act may
be used to provide credits or credit guarantees for agricultural
commodities provided for use in Iraq in violation of subsection
(e) or (f) of section 202 of the Agricultural Trade Act of 1978
(7 U.S.C. 5622).
SEC. 773. None of the funds provided in this Act may be
used for salaries and expenses to carry out any regulation or rule
insofar as it would make ineligible for enrollment in the conserva-
tion reserve program established under subchapter B of chapter
1 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.) land that is planted to hardwood trees as
of the date of enactment of this Act and was enrolled in the
conservation reserve program under a contract that expired prior
to calendar year 2002.
SEC. 774. None of the funds made available in this Act may
be used to restrict to prescription use a contraceptive that is deter-
mined to be safe and effective for use without the supervision
of a practitioner licensed by law to administer prescription drugs
under section 503(b) of the Federal Food, Drug, and Cosmetic
Act.
SEC. 775. Of the unobligated balances in the Local Television
Loan Guarantee Program account, $88,000,000 are hereby
rescinded.
SEC. 776. PRIVACY PROTECTION OF CERTAIN SELLERS OF FARM
PRODUCTS. Section 1324(c) of the Food Security Act of 1985 (7
U.S.C. 1631(c)) is amended—
(1) in subsection (c)—
(A) in paragraph (2)(C)(ii)(II), by inserting ‘‘, or other
approved unique identifier,’’ after both ‘‘social security
number’’ and ‘‘identification number’’;
(B) in paragraph (4)(C)(iii), by inserting ‘‘, or other
approved unique identifier,’’ after both ‘‘social security
number’’ and ‘‘identification number’’; and
(C) by adding the following at the end:
‘‘(5) The term ‘approved unique identifier’ means a number,
combination of numbers and letters, or other identifier selected
by the Secretary of State using a selection system or method
approved by the Secretary of Agriculture.’’;
(2) in subsection (e)(1)(A)(ii)(III), by inserting ‘‘, or other
approved unique identifier,’’ after both ‘‘social security number’’
and ‘‘identification number’’; and
(3) in subsection (g)(2)(A)(ii)(III), by inserting ‘‘, or other
approved unique identifier,’’ after both ‘‘social security number’’
and ‘‘identification number’’.
SEC. 777. Section 532 of the Equity in Educational Land Grant
Status Act of 1994 (7 U.S.C. 301 note; Public Law 193–382) is
amended—
(1) by redesignating paragraphs (23) through (32) as para-
graphs (24) through (33), respectively; and
(2) by inserting after paragraph (22) the following: ‘‘(23)
Tohono O‘odham Community College.’’.
SEC. 778. Of the unobligated balances of funds in the Agricul-
tural Conservation Program account, $3,500,000 are hereby
rescinded.
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118 STAT. 2850
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 779. Notwithstanding any other provision of law, the
amounts made available to the Dakota Value Capture Cooperative
under section 747 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2002 (Public Law 107–76; 115 Stat. 738) shall remain available
until expended for a project conducted by the Dakota Value Capture
Cooperative at South Dakota State University.
SEC. 780. None of the funds made available under this Act
shall be available to pay the administrative expenses of a State
agency that, after the date of enactment of this Act, authorizes
any new for-profit vendor(s) to transact food instruments under
the Special Supplemental Nutrition Program for Women, Infants,
and Children if it is expected that more than 50 percent of the
annual revenue of the vendor from the sale of food items will
be derived from the sale of supplemental foods that are obtained
with WIC food instruments, except that the Secretary may approve
the authorization of such a vendor if the approval is necessary
to assure participant access to program benefits.
SEC. 781. Of the unobligated balances under section 32 of
the Act of August 24, 1935, $163,000,000 are hereby rescinded.
SEC. 782. Of the unobligated balances available to the Foreign
Agricultural Service for the Public Law 480 Title I Program at
the beginning of fiscal year 2005, $191,108,000 are hereby
rescinded: Provided, That for purposes of determining the amount
of funds available for transfer under section 412(b) of Public Law
83–480, as amended, the maximum amount of funds available for
transfer shall be calculated based upon the total funds available
prior to this rescission.
SEC. 783. The Secretary of Agriculture may use any unobligated
carryover funds made available for any program administered by
the Rural Utilities Service (not including funds made available
under the heading ‘‘Rural Community Advancement Program’’ in
any Act of appropriation) to carry out section 315 of the Rural
Electrification Act of 1936 (7 U.S.C. 940e).
SEC. 784. None of the funds made available by this or any
other Act may be used to reduce the mission, resources, staffing,
facilities, or capabilities of the Wildlife Habitat Management
Institute in Mississippi as in existence on December 17, 2003.
SEC. 785. LIVESTOCK ASSISTANCE. (a) IN GENERAL.—In carrying
out a livestock assistance, compensation, or feed program, the Sec-
retary of Agriculture shall include elk, reindeer, and bison within
the definition of ‘‘livestock’’ covered by the program.
(b) CONFORMING AMENDMENTS.—
(1) Section 602(2) of the Agricultural Act of 1949 (7 U.S.C.
1471(2)) is amended by inserting ‘‘elk, reindeer, bison,’’ after
‘‘cattle,’’.
(2) Section 10104 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 1472) is amended—
(A) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively; and
(B) by inserting before subsection (b) (as so redesig-
nated) the following:
‘‘(a) DEFINITION OF LIVESTOCK.—In this section, the term ‘live-
stock’ includes elk, reindeer, and bison.’’.
(3) Section 203(d) of the Agricultural Assistance Act of
2003 (Public Law 108–7; 117 Stat. 541) is amended—
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(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following:
‘‘(2) LIVESTOCK.—The term ‘livestock’ includes elk, reindeer,
and bison.’’.
SEC. 786. There is hereby appropriated $1,000,000, to remain
available until expended, to carry out provisions of section 751
of division A of Public Law 108–7.
SEC. 787. There is hereby appropriated $500,000 for a grant
to Alaska Village Initiatives for the purpose of administering a
private lands wildlife management program in Alaska.
SEC. 788. TECHNICAL CORRECTIONS. (a) Section 104(b)(1) of
the Child Nutrition and WIC Reauthorization Act of 2004 (Public
Law 108–265) is amended by striking the closing quotation marks
and the following period at the end of section 9(b)(5)(A)(iv) of
the Richard B. Russell National School Lunch Act (as added by
that section 104(b)(1) of Public Law 108–265).
(b) Section 13(a)(10) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1761(a)(10)) (as added by section 116(d) of
Public Law 108–265) is amended—
(1) in subparagraph (C), by striking ‘‘2005’’ and inserting
‘‘2006’’; and
(2) in subparagraph (D)—
(A) in clause (i), by striking ‘‘2007’’ and inserting
‘‘2008’’; and
(B) in clause (ii), by striking ‘‘2008’’ and inserting
‘‘2009’’.
(c) Section 21(e)(2)(A) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769b–1(e)(2)(A)) (as amended by section
125(c)(2)(B) of Public Law 108–265) is amended by inserting ‘‘and’’
after ‘‘2005’’.
(d) Section 17(f)(1)(C)(i) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(f)(1)(C)(i) (as amended by section 203(e)(10)(B) of
Public Law 108–265) is amended by striking the period after ‘‘sub-
section (h)(11)’’.
(e) Section 17(h)(8)(A)(vi) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(h)(8)(A)(vi) (as added by section 203(e)(5) of Public
Law 108–265) is amended by striking ‘‘Each State’’ and inserting
‘‘Effective beginning October 1, 2004, each State’’.
(f) Section 502(b) of the Child Nutrition and WIC Reauthoriza-
tion Act of 2004 (Public Law 108–265) is amended—
(1) in paragraph (2), by striking ‘‘203(e)(5),’’; and
(2) in paragraph (4), by striking ‘‘104’’ and inserting ‘‘104
(other than section 104(a)(1))’’.
SEC. 789. Section 104 of chapter 1 of the Emergency Supple-
mental Appropriations for Hurricane Disasters Assistance Act,
2005, Public Law 108–324, is amended by adding ‘‘and tropical
storms’’ after ‘‘hurricanes’’.
SEC. 790. There is hereby appropriated $1,000,000, to remain
available until expended, for a grant to the Ohio Livestock Expo
Center in Springfield, Ohio.
SEC. 791. There is hereby appropriated $1,000,000, to remain
available until expended, for a grant to the Virginia Horse Center
in Lexington, Virginia.
SEC. 792. Notwithstanding any other provision of law, unobli-
gated funding balances in the Great Plains Conservation Program
authorized under section 16(b) of the Soil Conservation and
15 USC 720b.
42 USC 1754
note.
42 USC 1758.
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PUBLIC LAW 108–447—DEC. 8, 2004
Domestic Allotment Act (16 U.S.C. 590p(b)); the Forestry Incentives
Program authorized by section 4 and section 6 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2103); The Water Bank
Program authorized by The Water Bank Act of 1970 (Public Law
91–559); and funding for the John’s Creek, TN Watershed and
Flood Prevention Operations project are hereby rescinded.
SEC. 793. There is hereby appropriated $2,250,000, to remain
available until expended, for a grant to the Wisconsin Federation
of Cooperatives for pilot Wisconsin-Minnesota health care coopera-
tive purchasing alliances.
SEC. 794. (a) Section 1240B of the Food Security Act of 1985,
16 U.S.C. 3839 aa–2, is amended at the end by adding the following:
‘‘(h) FUNDING FOR FEDERALLY RECOGNIZED NATIVE AMERICAN
INDIAN TRIBES AND ALASKA NATIVE CORPORATIONS.—The Secretary
may enter into alternative funding arrangements with federally
recognized Native American Indian Tribes and Alaska Native Cor-
porations (including their affiliated membership organizations) if
the Secretary determines that the goals and objectives of the pro-
gram will be met by such arrangements, and that statutory limita-
tions regarding contracts with individual producers as defined under
this Subtitle will not be exceeded by any Tribal or Native Corpora-
tion member.’’.
(b) Section 1240G of the Food Security Act of 1985, 16 U.S.C.
3839aa–7, is amended by inserting after ‘‘2007,’’ the following:
‘‘(excluding funding arrangements with federally recognized Native
American Indian Tribes or Alaska Native Corporations under sec-
tion 1240B(h))’’. 
SEC. 795. There is hereby appropriated $6,000,000, to remain
available until expended, for a grant to the Florida Department
of Citrus.
SEC. 796 Notwithstanding any other provision of law, effective
with funds made available in fiscal year 2004 to States admin-
istering the Child and Adult Care Food Program, for the purpose
of conducting audits of participating institutions, funds identified
by the Secretary as having been unused during the initial fiscal
year of availability may be recovered and reallocated by the Sec-
retary: Provided, That States may use the reallocated funds until
expended for the purpose of conducting audits of participating
institutions.
SEC. 797. Section 1238Q of the Food Security Act of 1985
is amended—
(1) in subsection (a), by striking ‘‘permit’’ and inserting
‘‘transfer title of ownership to an easement under this sub-
chapter to’’; and
(2) by striking subsection (d) and inserting the following
new subsection:
‘‘(d) TRANSFER OF TITLE OF OWNERSHIP OF EASEMENT.—Rever-
sion—If a private organization or State agency holding an easement
on land under this subchapter dissolves or fails to enforce the
terms of the easement, the easement shall revert to the Secretary.’’.
This division may be cited as the ‘‘Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Appro-
priations Act, 2005’’.
16 USC 3838q.
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PUBLIC LAW 108–447—DEC. 8, 2004
DIVISION B—DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES APPRO-
PRIATIONS ACT, 2005
TITLE I—DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the Depart-
ment of Justice, $124,100,000, of which not to exceed $3,317,000
is for the Facilities Program 2000, to remain available until
expended: Provided, That not to exceed 45 permanent positions
and 46 full-time equivalent workyears and $11,078,000 shall be
expended for the Department Leadership Program exclusive of aug-
mentation that occurred in these offices in fiscal year 2004: Provided
further, That not to exceed 26 permanent positions, 21 full-time
equivalent workyears and $3,305,000 shall be expended for the
Office of Legislative Affairs: Provided further, That not to exceed
17 permanent positions, 21 full-time equivalent workyears and
$2,470,000 shall be expended for the Office of Public Affairs: Pro-
vided further, That the latter two aforementioned offices may utilize
non-reimbursable details of career employees within the caps
described in the preceding two provisos.
JOINT AUTOMATED BOOKING SYSTEM
For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $20,185,000, to remain
available until September 30, 2006.
AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED
AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
For necessary expenses for the planning, development, and
deployment of an integrated fingerprint identification system,
including automated capability to transmit fingerprint and image
data, $5,054,000, to remain available until September 30, 2006.
LEGAL ACTIVITIES OFFICE AUTOMATION
For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office automation
systems for the organizations funded under the headings ‘‘Salaries
and Expenses, General Legal Activities’’, and ‘‘General Administra-
tion, Salaries and Expenses’’, and the United States Attorneys,
the United States Marshals Service, the Antitrust Division, the
United States Trustee Program, the Executive Office for Immigra-
tion Review, the Community Relations Service, the Bureau of
Prisons, the Office of Justice Programs, and the United States
Parole Commission, $40,510,000, to remain available until Sep-
tember 30, 2006.
NARROWBAND COMMUNICATIONS
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land Mobile
Department of
Justice
Appropriations
Act, 2005.
Departments of
Commerce,
Justice, and
State, the
Judiciary, and
Related Agencies
Appropriations
Act, 2005.
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Radio legacy systems, $100,000,000, to remain available until Sep-
tember 30, 2006: Provided, That the Attorney General shall transfer
to the ‘‘Narrowband Communications’’ account all funds made avail-
able to the Department of Justice for the purchase of portable
and mobile radios: Provided further, That any transfer made under
the preceding proviso shall be subject to section 605 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $203,965,000.
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee,
$885,994,000, to remain available until expended: Provided, That
the Trustee shall be responsible for managing the Justice Prisoner
and Alien Transportation System and for overseeing housing related
to such detention: Provided further, That any unobligated balances
available in prior years from the funds appropriated under the
heading ‘‘Federal Prisoner Detention’’ shall be transferred to and
merged with the appropriation under the heading ‘‘Detention
Trustee’’ and shall be available until expended. Provided further,
That the Trustee, working in consultation with the Bureau of
Prisons, shall submit a plan for collecting information related to
evaluating the health and safety of Federal prisoners in non-Federal
institutions no later than 180 days following the enactment of
this Act.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$63,813,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
as authorized, $10,638,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the Depart-
ment of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; and rent of private or Government-owned
space in the District of Columbia, $634,193,000, of which not to
exceed $10,000,000 for litigation support contracts shall remain
available until expended: Provided, That of the total amount appro-
priated, not to exceed $1,000 shall be available to the United
States National Central Bureau, INTERPOL, for official reception
and representation expenses: Provided further, That notwith-
standing any other provision of law, upon a determination by the
Attorney General that emergent circumstances require additional
Deadline.
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PUBLIC LAW 108–447—DEC. 8, 2004
funding for litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ‘‘Salaries and Expenses,
General Legal Activities’’ from available appropriations for the cur-
rent fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, not to exceed $6,333,000,
to be appropriated from the Vaccine Injury Compensation Trust
Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $138,763,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, not
to exceed $101,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regard-
less of the year of collection, shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections
are received during fiscal year 2005, so as to result in a final
fiscal year 2005 appropriation from the general fund estimated
at not more than $37,763,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agree-
ments, $1,547,519,000; of which not to exceed $2,500,000 shall
be available until September 30, 2006, for: (1) training personnel
in debt collection; (2) locating debtors and their property; (3) paying
the net costs of selling property; and (4) tracking debts owed to
the United States Government: Provided, That of the total amount
appropriated, not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further, That not
to exceed $10,000,000 of those funds available for automated litiga-
tion support contracts shall remain available until expended: Pro-
vided further, That not to exceed $2,500,000 for the operation
of the National Advocacy Center shall remain available until
expended: Provided further, That, in addition to reimbursable full-
time equivalent workyears available to the Offices of the United
States Attorneys, not to exceed 10,212 positions and 10,273 full-
time equivalent workyears shall be supported from the funds appro-
priated in this Act for the United States Attorneys: Provided further,
That of the funds made available under this heading, $1,500,000
shall only be available to continue ‘‘Operation Streetsweeper’’: Pro-
vided further, That of the total amount appropriated, $5,000,000
shall be for Project Seahawk and shall remain available until
expended.
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UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program,
as authorized, $173,602,000, to remain available until expended
and to be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of law, deposits
to the Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That, notwith-
standing any other provision of law, $173,602,000 of offsetting
collections pursuant to 28 U.S.C. 589a(b) shall be retained and
used for necessary expenses in this appropriation and remain avail-
able until expended: Provided further, That the sum herein appro-
priated from the Fund shall be reduced as such offsetting collections
are received during fiscal year 2005, so as to result in a final
fiscal year 2005 appropriation from the Fund estimated at $0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by 5 U.S.C. 3109, $1,220,000.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service,
$751,985,000; of which not to exceed $6,000 shall be available
for official reception and representation expenses; and of which
$4,000,000 for information technology systems shall remain avail-
able until expended; of which not less than $11,580,000 shall be
available for the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling, and
shall remain available until September 30, 2006: Provided, That,
in addition to reimbursable full-time equivalent workyears available
to the United States Marshals Service, not to exceed 4,543 positions
and 4,387 full-time equivalent workyears shall be supported from
the funds appropriated in this Act for the United States Marshals
Service.
CONSTRUCTION
For construction of United States Marshals Service prisoner-
holding space in United States courthouses and Federal buildings,
$5,734,000, to remain available until expended.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, $177,585,000, to remain
available until expended; of which not to exceed $8,000,000 may
be made available for construction of buildings for protected witness
safesites; of which not to exceed $1,000,000 may be made available
for the purchase and maintenance of armored vehicles for transpor-
tation of protected witnesses; and of which not to exceed $7,000,000
may be made available for the purchase, installation, maintenance
and upgrade of secure telecommunications equipment and a secure
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118 STAT. 2857
PUBLIC LAW 108–447—DEC. 8, 2004
automated information network to store and retrieve the identities
and locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service,
$9,664,000: Provided, That notwithstanding any other provision
of law, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $21,759,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
In addition to amounts appropriated by subsection 3(e) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note),
$27,800,000 for payment to the Radiation Exposure Compensation
Trust Fund, to remain available until expended.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not other-
wise provided for, to include inter-governmental agreements with
State and local law enforcement agencies engaged in the investiga-
tion and prosecution of individuals involved in organized crime
drug trafficking, $561,033,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated
from appropriations under this heading may be used under authori-
ties available to the organizations reimbursed from this appropria-
tion.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States; including purchase for police-type use of not to
exceed 2,988 passenger motor vehicles, of which 2,619 will be for
replacement only; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character pursuant to 28 U.S.C. 530C,
$5,205,028,000; of which not to exceed $150,000,000 shall remain
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118 STAT. 2858
PUBLIC LAW 108–447—DEC. 8, 2004
available until expended; of which $1,017,000,000 shall be for
counterterrorism investigations, foreign counterintelligence, and
other activities related to our national security; of which
$56,349,000 shall be for the operations, equipment, and facilities
of the Foreign Terrorist Tracking Task Force; and of which not
to exceed $20,000,000 is authorized to be made available for making
advances for expenses arising out of contractual or reimbursable
agreements with State and local law enforcement agencies while
engaged in cooperative activities related to violent crime, terrorism,
organized crime, gang-related crime, cybercrime, and drug inves-
tigations: Provided, That not to exceed $200,000 shall be available
for official reception and representation expenses: Provided further,
That, in addition to reimbursable full-time equivalent workyears
available to the Federal Bureau of Investigation, not to exceed
30,039 positions and 29,082 full-time equivalent workyears shall
be supported from the funds appropriated in this Act for the Federal
Bureau of Investigation: Provided further, That up to $6,800,000
of prior year unobligated balances shall be available for the nec-
essary expense of construction of an aviation hangar, to remain
available until September 30, 2006.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of Feder-
ally-owned buildings; and preliminary planning and design of
projects; $10,242,000, to remain available until expended: Provided,
That $9,000,000 shall be available to lease a records management
facility, including equipment and relocation expenses, in Frederick
County, Virginia.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administra-
tion, including not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character pursuant to 28 U.S.C. 530C;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in such pro-
grams and the distribution of items of token value that promote
the goals of such programs; and purchase of not to exceed 1,461
passenger motor vehicles, of which 1,346 will be for replacement
only, for police-type use, $1,653,265,000; of which not to exceed
$75,000,000 shall remain available until expended; and of which
not to exceed $100,000 shall be available for official reception and
representation expenses: Provided, That, in addition to reimburs-
able full-time equivalent workyears available to the Drug Enforce-
ment Administration, not to exceed 8,361 positions and 8,250 full-
time equivalent workyears shall be supported from the funds appro-
priated in this Act for the Drug Enforcement Administration: Pro-
vided further, That not to exceed $8,100,000 from prior year unobli-
gated balances shall be available for the design, construction and
ownership of a clandestine laboratory training facility and shall
remain available until expended.
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PUBLIC LAW 108–447—DEC. 8, 2004
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Fire-
arms and Explosives, including the purchase of not to exceed 822
vehicles for police-type use, of which 650 shall be for replacement
only; not to exceed $25,000 for official reception and representation
expenses; for training of State and local law enforcement agencies
with or without reimbursement, including training in connection
with the training and acquisition of canines for explosives and
fire accelerants detection; and for provision of laboratory assistance
to State and local law enforcement agencies, with or without
reimbursement, $890,357,000, of which not to exceed $1,000,000
shall be available for the payment of attorneys’ fees as provided
by 18 U.S.C. 924(d)(2); and of which $10,000,000 shall remain
available until expended: Provided, That no funds appropriated
herein shall be available for salaries or administrative expenses
in connection with consolidating or centralizing, within the Depart-
ment of Justice, the records, or any portion thereof, of acquisition
and disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated herein shall
be used to pay administrative expenses or the compensation of
any officer or employee of the United States to implement an
amendment or amendments to 27 CFR 178.118 or to change the
definition of ‘‘Curios or relics’’ in 27 CFR 178.11 or remove any
item from ATF Publication 5300.11 as it existed on January 1,
1994: Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for relief
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided
further, That such funds shall be available to investigate and act
upon applications filed by corporations for relief from Federal fire-
arms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or
any other Act may be used to transfer the functions, missions,
or activities of the Bureau of Alcohol, Tobacco, Firearms and Explo-
sives to other agencies or Departments in fiscal year 2005: Provided
further, That no funds appropriated under this or any other Act
with respect to any fiscal year may be used to disclose part or
all of the contents of the Firearms Trace System database main-
tained by the National Trace Center of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives or any information required
to be kept by licensees pursuant to section 923(g) of title 18,
United States Code, or required to be reported pursuant to para-
graphs (3) and (7) of such section 923(g), to anyone other than
a Federal, State, or local law enforcement agency or a prosecutor
solely in connection with and for use in a bona fide criminal inves-
tigation or prosecution and then only such information as pertains
to the geographic jurisdiction of the law enforcement agency
requesting the disclosure and not for use in any civil action or
proceeding other than an action or proceeding commenced by the
Bureau of Alcohol, Tobacco, Firearms, and Explosives, or a review
of such an action or proceeding, to enforce the provisions of chapter
44 of such title, and all such data shall be immune from legal
process and shall not be subject to subpoena or other discovery
in any civil action in a State or Federal court or in any administra-
tive proceeding other than a proceeding commenced by the Bureau
18 USC 923 note.
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of Alcohol, Tobacco, Firearms, and Explosives to enforce the provi-
sions of that chapter, or a review of such an action or proceeding;
except that this proviso shall not be construed to prevent the
disclosure of statistical information concerning total production,
importation, and exportation by each licensed importer (as defined
in section 921(a)(9) of such title) and licensed manufacturer (as
defined in section 921(a)(10) of such title): Provided further, That
no funds made available by this or any other Act shall be expended
to promulgate or implement any rule requiring a physical inventory
of any business licensed under section 923 of title 18, United
States Code: Provided further, That no funds under this Act may
be used to electronically retrieve information gathered pursuant
to 18 U.S.C. 923(g)(4) by name or any personal identification code:
Provided further, That no funds authorized or made available under
this or any other Act may be used to deny any application for
a license under section 923 of title 18, United States Code, or
renewal of such a license due to a lack of business activity, provided
that the applicant is otherwise eligible to receive such a license,
and is eligible to report business income or to claim an income
tax deduction for business expenses under the Internal Revenue
Code of 1986: Provided further, That of the total amount provided
under this paragraph, $5,600,000 shall be for the construction and
establishment of the Federal Firearms Licensing Center at the
Bureau of Alcohol, Tobacco, Firearms and Explosives National
Tracing Center Facility and shall remain available until expended.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 780,
of which 649 are for replacement only) and hire of law enforcement
and passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to foreign govern-
ments, $4,627,696,000: Provided, That the Attorney General may
transfer to the Health Resources and Services Administration such
amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts
with a fiscal agent/fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of the Federal
Prison System, furnish health services to individuals committed
to the custody of the Federal Prison System: Provided further,
That not to exceed $6,000 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$365,836,000 shall remain available for prison activations until
September 30, 2006: Provided further, That, of the amounts pro-
vided for Contract Confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance
for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, for the care and security in the United
States of Cuban and Haitian entrants: Provided further, That the
Director of the Federal Prison System may accept donated property
and services relating to the operation of the prison card program
42 USC 250a.
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118 STAT. 2861
PUBLIC LAW 108–447—DEC. 8, 2004
from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway houses
or other custodial facilities.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new facili-
ties; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings
and facilities at existing penal and correctional institutions,
including all necessary expenses incident thereto, by contract or
force account, $189,000,000, to remain available until expended,
of which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this appro-
priation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby author-
ized to make such expenditures, within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments, without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corpora-
tion, including purchase (not to exceed five for replacement only)
and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
Not to exceed $3,411,000 of the funds of the corporation shall
be available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis
to be determined in accordance with the corporation’s current pre-
scribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which such
accounting system requires to be capitalized or charged to cost
of commodities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, construction,
operation, maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or in
which it has an interest.
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION
PROGRAMS
For grants, contracts, cooperative agreements, and other assist-
ance for the prevention and prosecution of violence against women
as authorized by the Omnibus Crime Control and Safe Streets
Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’);
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the Victims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the Prosecu-
torial Remedies and Other Tools to End the Exploitation of Children
Today Act of 2003 (Public Law 108–21); the Juvenile Justice and
Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); and the Vic-
tims of Trafficking and Violence Protection Act of 2000 (Public
Law 106–386); $387,275,000, including amounts for administrative
costs, to remain available until expended: Provided, That all bal-
ances, unobligated and obligated, from grants and activities
administered by the Office on Violence Against Women shall be
transferred from the Office of Justice Programs to the Office on
Violence Against Women within 60 days of enactment of this Act:
Provided further, That of the amount provided—
(1) $11,897,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $1,925,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act;
(3) $983,000 for grants for televised testimony, as author-
ized by Part N of the 1968 Act;
(4) $187,086,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which—
(A) $5,000,000 shall be for the National Institute of
Justice for research and evaluation of violence against
women;
(B) $10,000,000 shall be for the Office of Juvenile Jus-
tice and Delinquency Prevention for the Safe Start Pro-
gram, as authorized by the 1974 Act; and
(C) $12,500,000 shall be for transitional housing assist-
ance grants for victims of domestic violence, stalking or
sexual assault as authorized by Public Law 108–21;
(5) $63,491,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(6) $39,685,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section
40295(a) of the 1994 Act;
(7) $4,415,000 for training programs as authorized by sec-
tion 40152 of the 1994 Act, and for related local demonstration
projects;
(8) $2,950,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602
of the 1994 Act;
(9) $9,175,000 to reduce violent crimes against women on
campus, as authorized by section 1108(a) of Public Law 106–
386;
(10) $39,740,000 for legal assistance for victims, as author-
ized by section 1201(c) of Public Law 106–386;
(11) $4,600,000 for enhancing protection for older and dis-
abled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act;
(12) $14,078,000 for the safe havens for children pilot pro-
gram, as authorized by section 1301(a) of Public Law 106–
386; and
(13) $7,250,000 for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402(a) of Public Law 106–386.
Deadline.
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PUBLIC LAW 108–447—DEC. 8, 2004
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968, the Missing Children’s Assistance Act, including
salaries and expenses in connection therewith, the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003 (Public Law 108–21), and the Victims of Crime
Act of 1984, $227,900,000, to remain available until expended.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
Victims of Trafficking and Violence Protection Act of 2000 (Public
Law 106–386); and other programs; $1,295,510,000 (including
amounts for administrative costs, which shall be transferred to
and merged with the ‘‘Justice Assistance’’ account): Provided, That
funding provided under this heading shall remain available until
expended, as follows—
(1) $634,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program pursuant to the amendments made
by section 201 of H.R. 3036 of the 108th Congress, as passed
by the House of Representatives on March 30, 2004 (except
that the special rules for Puerto Rico established pursuant
to such amendments shall not apply for purposes of this Act),
of which—
(A) $85,000,000 shall be for Boys and Girls Clubs in
public housing facilities and other areas in cooperation
with State and local law enforcement, as authorized by
section 401 of Public Law 104–294 (42 U.S.C. 13751 note);
(B) $10,000,000 shall be available for the National
Institute of Justice in assisting units of local government
to identify, select, develop, modernize, and purchase new
technologies for use by law enforcement; and
(C) $2,500,000 for USA Freedom Corps activities;
(2) $305,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration
and Nationality Act;
(3) $30,000,000 is for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or munic-
ipal governments only for costs associated with the prosecution
of criminal cases declined by local United States Attorneys
offices;
(4) $18,000,000 for assistance to Indian tribes, of which—
(A) $5,000,000 shall be available for grants under sec-
tion 20109(a)(2) of subtitle A of title II of the 1994 Act;
(B) $8,000,000 shall be available for the Tribal Courts
Initiative; and
(C) $5,000,000 shall be available for demonstration
projects on alcohol and crime in Indian Country;
(5) $170,027,000 for discretionary grants authorized by sub-
part 2 of part E, of title I of the 1968 Act, notwithstanding
the provisions of section 511 of said Act;
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(6) $10,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public Law
106–386;
(7) $883,000 for the Missing Alzheimer’s Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(8) $40,000,000 for Drug Courts, as authorized by Part
EE of the 1968 Act;
(9) $2,000,000 for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by
section 250005(3) of the 1994 Act;
(10) $10,000,000 for a prescription drug monitoring pro-
gram;
(11) $37,000,000 for prison rape prevention and prosecution
programs as authorized by the Prison Rape Elimination Act
of 2003 (Public Law 108–79), of which $1,000,000 shall be
transferred to the National Prison Rape Elimination Commis-
sion for authorized activities;
(12) $25,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by part S of the
1968 Act;
(13) $10,500,000 for a program to improve State and local
law enforcement intelligence capabilities including training to
ensure that constitutional rights, civil liberties, civil rights,
and privacy interests are protected throughout the intelligence
process;
(14) $1,000,000 for a State and local law enforcement hate
crimes training and technical assistance program;
(15) $2,000,000 for Law Enforcement Family Support Pro-
grams, as authorized by section 1001(a)(21) of the 1968 Act;
and
(16) $100,000 for Motor Vehicle Theft Prevention Programs,
as authorized by section 220002(h) of the 1994 Act:
Provided, That, if a unit of local government uses any of the
funds made available under this title to increase the number of
law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related expenses
of the Executive Office for Weed and Seed, to implement ‘‘Weed
and Seed’’ program activities, $62,000,000, to remain available until
September 30, 2006, for inter-governmental agreements, including
grants, cooperative agreements, and contracts, with State and local
law enforcement agencies, non-profit organizations, and agencies
of local government engaged in the investigation and prosecution
of violent and gang-related crimes and drug offenses in ‘‘Weed
and Seed’’ designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice
and other Federal agencies which shall be specified by the Attorney
General to execute the ‘‘Weed and Seed’’ program strategy: Provided,
That funds designated by Congress through language for other
Department of Justice appropriation accounts for ‘‘Weed and Seed’’
program activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed: Provided
further, That the Attorney General may direct the use of other
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118 STAT. 2865
PUBLIC LAW 108–447—DEC. 8, 2004
Department of Justice funds and personnel in support of ‘‘Weed
and Seed’’ program activities only after the Attorney General noti-
fies the Committees on Appropriations of the House of Representa-
tives and the Senate in accordance with section 605 of this Act:
Provided further, That of the funds appropriated for the Executive
Office for Weed and Seed, $2,000,000 shall be directed for com-
prehensive community development training and technical assist-
ance.
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322) (including
administrative costs), $606,446,000, to remain available until
expended: Provided, That funds that become available as a result
of deobligations from prior year balances may not be obligated
except in accordance with section 605 of this Act: Provided further,
That of the funds under this heading, not to exceed $2,575,000
shall be available for the Office of Justice Programs for reimbursable
services associated with programs administered by the Community
Oriented Policing Services Office: Provided further, That section
1703(b) and (c) of the Omnibus Crime Control and Safe Streets
Act of 1968 (‘‘the 1968 Act’’) shall not apply to non-hiring grants
made pursuant to part Q of title I thereof (42 U.S.C. 3796dd
et seq.). Of the amounts provided—
(1) $10,000,000 is for the hiring of law enforcement officers,
including $5,000,000 for school resource officers;
(2) $15,000,000 is for training and technical assistance;
(3) $20,000,000 is for improving tribal law enforcement
including equipment and training;
(4) $100,000,000 is for the COPS Interoperable Communica-
tions Technology Program;
(5) $7,500,000 is for a police integrity program;
(6) $25,000,000 is for the matching grant program for law
enforcement armor vests as authorized by section 2501 of part
Y of the 1968 Act: Provided, That not to exceed 2 percent
of such funds shall be available to the Office of Justice Programs
for testing of and research relating to law enforcement armor
vests;
(7) $52,556,000 is for policing initiatives to combat meth-
amphetamine production and trafficking and to enhance
policing initiatives in ‘‘drug hot spots’’;
(8) $15,000,000 is for Police Corps education and training:
Provided, That the out-year program costs of new recruits
shall be fully funded from funds currently available;
(9) $138,615,000 is for a law enforcement technology pro-
gram;
(10) $25,000,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act
of 1998 (42 U.S.C. 14601);
(11) $28,450,000 is for grants, contracts and other assist-
ance to States under section 102(b) of the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601);
(12) $110,000,000 is for a DNA analysis and capacity
enhancement program;
(13) $15,000,000 is for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act (42 U.S.C. 3797j et seq.);
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118 STAT. 2866
PUBLIC LAW 108–447—DEC. 8, 2004
(14) $10,000,000 is for an offender re-entry program, as
authorized by Public Law 107–273;
(15) $4,325,000 is for the Safe Schools Initiative; and
(16) not to exceed $30,000,000 is for program management
and administration.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974 (‘‘the Act’’), and other juvenile justice programs,
including salaries and expenses in connection therewith to be trans-
ferred to and merged with the appropriations for Justice Assistance,
$384,177,000, to remain available until expended, as follows—
(1) $3,000,000 for concentration of Federal efforts, as
authorized by section 204 of the Act;
(2) $84,000,000 for State and local programs authorized
by section 221 of the Act, including training and technical
assistance to assist small, non-profit organizations with the
Federal grants process;
(3) $102,177,000 for demonstration projects, as authorized
by sections 261 and 262 of the Act;
(4) $10,000,000 for research, evaluation, training and tech-
nical assistance, as authorized by sections 251 and 252 of
the Act;
(5) $15,000,000 for juvenile mentoring programs;
(6) $80,000,000 for delinquency prevention, as authorized
by section 505 of the Act, of which—
(A) $10,000,000 shall be for the Tribal Youth Program;
(B) $25,000,000 shall be for a gang resistance education
and training program to be administered by the Bureau
of Justice Assistance and to be coordinated with the Bureau
of Alcohol, Tobacco, Firearms and Explosives and the Office
of Juvenile Justice and Delinquency Prevention; and
(C) $25,000,000 shall be for grants of $360,000 to each
State and $6,640,000 shall be available for discretionary
grants to States, for programs and activities to enforce
State laws prohibiting the sale of alcoholic beverages to
minors or the purchase or consumption of alcoholic bev-
erages by minors, prevention and reduction of consumption
of alcoholic beverages by minors, and for technical assist-
ance and training;
(7) $5,000,000 for Project Childsafe;
(8) $15,000,000 for the Secure Our Schools Act as author-
ized by Public Law 106–386;
(9) $15,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990; and
(10) $55,000,000 for the Juvenile Accountability Block
Grants program as authorized by Public Law 107–273 and
Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of each amount may be used for
training and technical assistance.
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118 STAT. 2867
PUBLIC LAW 108–447—DEC. 8, 2004
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796), such sums as are necessary, as
authorized by section 6093 of Public Law 100–690 (102 Stat. 4339–
4340); and $3,615,000, to remain available until expended for pay-
ments as authorized by section 1201(b) of said Act; and $2,795,000
for educational assistance, as authorized by section 1212 of the
1968 Act.
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 101. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $60,000 from funds appropriated to the Depart-
ment of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 102. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
SEC. 103. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service out-
side the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 103 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 105. Authorities contained in the 21st Century Department
of Justice Appropriations Authorization Act (Public Law 107–273)
shall remain in effect until the effective date of a subsequent
Department of Justice appropriations authorization Act.
SEC. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section: Provided further, That
none of the funds appropriated to ‘‘Buildings and Facilities, Federal
Prison System’’ in this or any other Act may be transferred to
‘‘Salaries and Expenses, Federal Prison System’’, or any other
Department of Justice account, unless the President certifies that
such a transfer is necessary to the national security interests of
the United States, and such authority shall not be delegated, and
shall be subject to section 605 of this Act.
SEC. 107. Section 114 of Public Law 107–77 shall remain in
effect during fiscal year 2005.
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118 STAT. 2868
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 108. In addition to the amounts provided under ‘‘Salaries
and Expenses, United States Attorneys’’, $15,000,000 shall be for
Project Seahawk and shall remain available until expended.
SEC. 109. The Attorney General is authorized to extend through
September 30, 2006, the Personnel Management Demonstration
Project transferred to the Attorney General pursuant to section
1115 of the Homeland Security Act of 2002, Public Law 107–
296 (6 U.S.C. 533) without limitation on the number of employees
or the positions covered.
SEC. 110. (a) None of the funds made available in this Act
may be used by the Drug Enforcement Administration to establish
a procurement quota following the approval of a new drug applica-
tion or an abbreviated new drug application for a controlled sub-
stance.
(b) The limitation established in subsection (a) shall not apply
until 180 days after enactment of this Act.
SEC. 111. The limitation established in the preceding section
shall not apply to any new drug application or abbreviated new
drug application for which the Drug Enforcement Administration
has reviewed and provided public comments on labeling, promotion,
risk management plans, and any other documents.
SEC. 112. (a) Section 8335(b) of title 5, United States Code,
is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
(2) by adding at the end the following:
‘‘(2) In the case of employees of the Federal Bureau of Investiga-
tion, the second sentence of paragraph (1) shall be applied by
substituting ‘65 years of age’ for ‘60 years of age’. The authority
to grant exemptions in accordance with the preceding sentence
shall cease to be available after December 31, 2009.’’.
(b) Section 8425(b) of title 5, United States Code, is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
(2) by adding at the end the following:
‘‘(2) In the case of employees of the Federal Bureau of Investiga-
tion, the second sentence of paragraph (1) shall be applied by
substituting ‘65 years of age’ for ‘60 years of age’. The authority
to grant exemptions in accordance with the preceding sentence
shall cease to be available after December 31, 2009.’’.
SEC. 113. (a) Subchapter IV of chapter 57 of title 5, United
States Code, is amended by adding at the end the following:
‘‘§ 5759. Retention and relocation bonuses for the Federal
Bureau of Investigation
‘‘(a) AUTHORITY.—The Director of the Federal Bureau of Inves-
tigation, after consultation with the Director of the Office of Per-
sonnel Management, may pay, on a case-by-case basis, a bonus
under this section to an employee of the Bureau if—
‘‘(1)(A) the unusually high or unique qualifications of the
employee or a special need of the Bureau for the employee’s
services makes it essential to retain the employee; and
‘‘(B) the Director of the Federal Bureau of Investigation
determines that, in the absence of such a bonus, the employee
would be likely to leave—
‘‘(i) the Federal service; or
‘‘(ii) for a different position in the Federal service;
or
Termination
date.
Applicability.
Termination
date.
Applicability.
Effective date.
5 USC 3104 note.
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118 STAT. 2869
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(2) the individual is transferred to a different geographic
area with a higher cost of living (as determined by the Director
of the Federal Bureau of Investigation).
‘‘(b) SERVICE AGREEMENT.—Payment of a bonus under this sec-
tion is contingent upon the employee entering into a written service
agreement with the Bureau to complete a period of service with
the Bureau. Such agreement shall include—
‘‘(1) the period of service the individual shall be required
to complete in return for the bonus; and
‘‘(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been com-
pleted, and the effect of the termination.
‘‘(c) LIMITATION ON AUTHORITY.—A bonus paid under this sec-
tion may not exceed 50 percent of the employee’s basic pay.
‘‘(d) IMPACT
ON BASIC PAY.—A retention bonus is not part
of the basic pay of an employee for any purpose.
‘‘(e) TERMINATION
OF AUTHORITY.—The authority to grant
bonuses under this section shall cease to be available after
December 31, 2009.’’.
(b) The analysis for chapter 57 of title 5, United States Code,
is amended by adding at the end the following:
‘‘5759. Retention and relocation bonuses for the Federal Bureau of Investigation.’’.
SEC. 114. (a) Chapter 35 of title 5 of the United States Code,
is amended by adding at the end the following:
‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED
EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
‘‘§ 3598. Federal Bureau of Investigation Reserve Service
‘‘(a) ESTABLISHMENT.—The Director of the Federal Bureau of
Investigation may provide for the establishment and training of
a Federal Bureau of Investigation Reserve Service (hereinafter in
this section referred to as the ‘FBI Reserve Service’) for temporary
reemployment of employees in the Bureau during periods of emer-
gency, as determined by the Director.
‘‘(b) MEMBERSHIP.—Membership in the FBI Reserve Service
shall be limited to individuals who previously served as full-time
employees of the Bureau.
‘‘(c) ANNUITANTS.—If an annuitant receiving an annuity from
the Civil Service Retirement and Disability Fund becomes tempo-
rarily reemployed pursuant to this section, such annuity shall not
be discontinued thereby. An annuitant so reemployed shall not
be considered an employee for the purposes of chapter 83 or 84.
‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEILING.—FBI Reserve
Service members reemployed on a temporary basis pursuant to
this section shall not count against any personnel ceiling applicable
to the Bureau.
‘‘(e) EXPENSES.—The Director may provide members of the FBI
Reserve Service transportation and per diem in lieu of subsistence,
in accordance with applicable provisions of this title, for the purpose
of participating in any training that relates to service as a member
of the FBI Reserve Service.
‘‘(f) LIMITATION
ON MEMBERSHIP.—Membership of the FBI
Reserve Service is not to exceed 500 members at any given time.’’.
(b) The analysis for chapter 35 of title 5, United States Code,
is amended by adding at the end the following:
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118 STAT. 2870
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
‘‘3598. Federal Bureau of Investigation reserve service.’’.
SEC. 115. Section 5377(a)(2) of title 5, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (F) the following:
‘‘(G) a position at the Federal Bureau of Investigation,
the primary duties and responsibilities of which relate
to intelligence functions (as determined by the Director
of the Federal Bureau of Investigation).’’.
SEC. 116. Notwithstanding any other provision of law, Public
Law 102–395 section 102(b) shall extend to the Bureau of Alcohol,
Tobacco, Firearms and Explosives in the conduct of undercover
investigative operations and shall apply without fiscal year limita-
tion with respect to any undercover investigative operation initiated
by the Bureau of Alcohol, Tobacco, Firearms and Explosives that
is necessary for the detection and prosecution of crimes against
the United States.
SEC. 117. Section 1344 of title 31 of the United States Code,
is amended in subsection (b) paragraph (6) by inserting after ‘‘Fed-
eral Bureau of Investigation,’’ the words ‘‘Director of the Bureau
of Alcohol, Tobacco, Firearms and Explosives’’. This amendment
shall take effect as if enacted on January 1, 2004.
SEC. 118. Within 45 days of enactment of this Act, the Bureau
of Prisons will submit a comprehensive financial plan for the Fed-
eral Prison System to the Committees on Appropriations.
SEC. 119. The Bureau of Prisons shall implement a pilot pro-
gram in the Southern District of Florida which would allow the
Federal Public Defender to transfer computers to the local detention
facility to review electronic discovery. These computers will be
used according to schedules and protocols developed by the staff
of the local facility in consultation with the Federal Defender and
the District Court’s Criminal Justice Act Selection Committee.
SEC. 120. None of the funds made available to the Department
of Justice in this Act may be used for the purpose of transporting
an individual who is a prisoner pursuant to conviction for crime
under State or Federal law and is classified as a maximum or
high security prisoner, other than to a prison or other facility
certified by the Federal Bureau of Prisons as appropriately secure
for housing such a prisoner.
SEC. 121. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,
to rent or purchase videocassettes, videocassette recorders, or other
audiovisual or electronic equipment used primarily for recreational
purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment
for inmate training, religious, or educational programs.
SEC. 122. Section 3(e) of the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note) is amended—
(1) in paragraph (1), by striking ‘‘through fiscal year 2011’’;
and
(2) in paragraph (2), by striking subparagraphs (E) through
(J).
Deadline.
Effective date.
31 USC 1344 and
note.
28 USC 533 note.
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118 STAT. 2871
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 123. The Prison Rape Elimination Act of 2003 is
amended—
(1) in section 7—
(A) in the heading by striking ‘‘REDUCTION’’ and
inserting ‘‘ELIMINATION’’; and
(B) in subsection (a) by striking ‘‘Reduction’’ and
inserting ‘‘Elimination’’; and
(2) in section 1(b), by striking ‘‘Reduction’’ in the item
relating to section 7 and inserting ‘‘Elimination’’.
SEC. 124. (a) The President shall award and present a 9/
11 Heroes Medal of Valor of appropriate design, with ribbons and
appurtenances, to an appropriate representative of those individuals
who were members of public safety agencies and were killed in
the terrorist attacks in the United States on September 11, 2001,
as certified by the Attorney General, on behalf of such individuals.
(b) The presentation of medals pursuant to subsection (a) shall
be made as close as feasible to the 4th anniversary of the terrorist
attacks described in that subsection.
(c)(1) To be eligible for the medal referred to in subsection
(a), an individual shall have been a public safety officer (as defined
in section 5 of the Public Safety Officer Medal of Valor Act of
2001) who—
(A) was present in New York, Virginia, or Pennsylvania
on September 11, 2001;
(B) participated in the response that day to the terrorist
attacks on the World Trade Center, the terrorist attack on
the Pentagon, or the terrorist attack that resulted in the crash
of the fourth airplane in Pennsylvania; and
(C) died as a result of such participation.
(2) An individual who was killed in one of the attacks referred
to in paragraph (1)(B) shall be deemed, for purposes of the eligibility
requirement of that paragraph, to have participated in the response.
(3) The certification of eligible recipients of the medal under
subsection (a) shall be completed by the Attorney General by July
1, 2005.
(d)(1)(A) The design of the medal under this section shall be
selected by the Attorney General after consultation with—
(i) the Commission of Fine Arts; and
(ii) the Institute of Heraldry within the Department of
Defense, regarding the design and artistry of the 9/11 Heroes
Medal of Valor.
(B) The Attorney General may also consider suggestions
received by the Department of Justice regarding the design of
the medal, including those made by persons not employed by the
Department of Justice.
(2) After such consultation and selection of design, the Attorney
General shall make necessary arrangements with the Secretary
of the Treasury for the Secretary to prepare and strike, on a
reimbursable basis, such number of medals as may be required
to carry out this section.
(3) The medals struck under this section are national medals
for purposes of chapter 51 of title 31, United States Code.
(e) The Attorney General shall establish such procedures and
requirements as may be necessary to carry out this section.
(f) There are authorized to be appropriated to the Attorney
General such sums as may be necessary to carry out this section.
Procedures.
Certification.
Deadline.
President.
Medals.
31 USC 5111
note.
42 USC 15606.
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118 STAT. 2872
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 125. (a) The Attorney General shall transfer, without
reimbursement, to the Secretary of the Army a parcel of real prop-
erty, including any improvements thereon, consisting of approxi-
mately 57.8 acres located on River Road in Prince George County,
Virginia. The real property is currently under the administrative
jurisdiction of the Bureau of Prisons. Upon transfer of the real
property under this subsection, the Secretary of the Army shall
assume administrative and jurisdictional accountability over prop-
erty and include the property as part of Fort Lee, Virginia.
(b) The exact acreage and legal description of the real property
to be transferred under subsection (a) shall be determined by a
survey satisfactory to the Secretary of the Army.
SEC. 126. The Department of Justice shall establish an Office
of Justice for Victims of Overseas Terrorism.
This title may be cited as the ‘‘Department of Justice Appropria-
tions Act, 2005’’.
TITLE II—DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by 5
U.S.C. 3109, $41,552,000, of which $1,000,000 shall remain avail-
able until expended: Provided, That not to exceed $124,000 shall
be available for official reception and representation expenses: Pro-
vided further, That not less than $2,000,000 provided under this
heading shall be for expenses authorized by 19 U.S.C. 2451 and
1677b(c): Provided further, That negotiations shall be conducted
within the World Trade Organization to recognize the right of
members to distribute monies collected from antidumping and
countervailing duties: Provided further, That there is established
a position of Chief Negotiator for Intellectual Property Enforcement.
NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT
COORDINATION COUNCIL
For necessary expenses of the National Intellectual Property
Law Enforcement Coordination Council to coordinate domestic and
international intellectual property protection and law enforcement
relating to intellectual property among Federal and foreign entities,
$2,000,000, to remain available until September 30, 2006: Provided,
That there shall be at the head of the National Intellectual Property
Law Enforcement Coordination Council a Coordinator for Inter-
national Intellectual Property Enforcement: Provided further, That
the Coordinator for International Intellectual Property Enforcement
shall be appointed by the President: Provided further, That no
person shall serve as the Coordinator for International Intellectual
Property Enforcement while serving in any other position in the
Federal Government: Provided further, That the co-chairs of the
President.
15 USC 1128
note.
Government
organization.
Establishment.
Government
organization.
19 USC 2171
note.
Department of
Commerce and
Related Agencies
Appropriations
Act, 2005.
Establishment.
28 USC 501 note.
Real property.
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PUBLIC LAW 108–447—DEC. 8, 2004
National Intellectual Property Law Enforcement Coordination
Council, as designated by Public Law 106–58, shall report to the
Coordinator for International Intellectual Property Enforcement on
matters concerning the National Intellectual Property Law Enforce-
ment Coordination Council: Provided further, That the National
Intellectual Property Law Enforcement Coordination Council
shall—
(1) establish policies, objectives, and priorities concerning
international intellectual property protection and intellectual
property law enforcement;
(2) promulgate a strategy for protecting American intellec-
tual property overseas; and
(3) coordinate and oversee implementation by agencies with
responsibilities for intellectual property protection and intellec-
tual property law enforcement of the policies, objectives, and
priorities established under paragraph (1) and the fulfillment
of the responsibilities assigned to such agencies in the strategy
described in paragraph (2):
Provided further, That the Coordinator for International Intellectual
Property Enforcement shall develop for each fiscal year, with the
advice of the members of the National Intellectual Property Law
Enforcement Coordination Council and any other departments and
agencies with responsibilities for intellectual property protection
and intellectual property law enforcement, a budget proposal to
implement the strategy described in paragraph (2) and for the
operations of the National Intellectual Property Law Enforcement
Coordination Council, and shall transmit such budget proposal to
the President and to the Congress: Provided further, That the
Coordinator for International Intellectual Property Enforcement
may select, appoint, employ, and fix compensation of such officers
and employees as may be necessary to carry out the functions
of the National Intellectual Property Law Enforcement Coordination
Council: Provided further, That the Coordinator for International
Intellectual Property Enforcement may direct, with the concurrence
of the Secretary of a department or head of an agency, the tem-
porary reassignment within the Federal Government of personnel
employed by such department or agency.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as author-
ized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $61,700,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and for engaging
in trade promotional activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
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118 STAT. 2874
PUBLIC LAW 108–447—DEC. 8, 2004
of United States firms, without regard to 44 U.S.C. 3702 and
3703; full medical coverage for dependent members of immediate
families of employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of the
United States and Foreign Commercial Service between two points
abroad, without regard to 49 U.S.C. 40118; employment of Ameri-
cans and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph of 28
U.S.C. 2672 when such claims arise in foreign countries; not to
exceed $327,000 for official representation expenses abroad; pur-
chase of passenger motor vehicles for official use abroad, not to
exceed $30,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $401,513,000, to remain available
until expended, of which $8,000,000 is to be derived from fees
to be retained and used by the International Trade Administration,
notwithstanding 31 U.S.C. 3302: Provided, That $48,509,000 shall
be for Manufacturing and Services; $40,087,000 shall be for Market
Access and Compliance; $64,544,000 shall be for the Import
Administration of which not less than $3,000,000 is for the Office
of China Compliance; $222,365,000 shall be for the United States
and Foreign Commercial Service of which $1,500,000 is for the
Advocacy Center, $2,500,000 is for the Trade Information Center,
and $2,100,000 is for a China and Middle East Business Center;
and $26,008,000 shall be for Executive Direction and Administra-
tion: Provided further, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities without regard to section
5412 of the Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4912); and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural
Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities: Provided further, That
negotiations shall be conducted within the World Trade Organiza-
tion to recognize the right of members to distribute monies collected
from antidumping and countervailing duties: Provided further, That
of the amount provided, $1,000,000 is for a grant to the United
States Air and Trade Show Inc., to study the feasibility of the
establishment and operation of a biennial United States inter-
national air trade show to promote international exports from the
United States and for initial expenses of implementing the rec-
ommendations set forth in the study: Provided further, That for
purposes of section 31.205(d)(2) of the Federal Acquisition Regula-
tion, any international air and trade show conducted by the grantee
shall be considered to be a trade show containing a significant
effort to promote exports from the United States.
BUREAU OF INDUSTRY AND SECURITY
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
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118 STAT. 2875
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dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for serv-
ices abroad; payment of tort claims, in the manner authorized
in the first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under the
Export Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); and purchase of passenger motor vehicles for official use
and motor vehicles for law enforcement use with special require-
ment vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $68,393,000, to remain
available until expended, of which $7,200,000 shall be for inspec-
tions and other activities related to national security: Provided,
That the provisions of the first sentence of section 105(f) and all
of section 108(c) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities: Provided further, That payments and contribu-
tions collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the public
with respect to the export administration and national security
activities of the Department of Commerce and other export control
programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $257,423,000, to remain available
until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $30,483,000:
Provided, That these funds may be used to monitor projects
approved pursuant to title I of the Public Works Employment
Act of 1976, title II of the Trade Act of 1974, and the Community
Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprise,
including expenses of grants, contracts, and other agreements with
public or private organizations, $29,899,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
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118 STAT. 2876
PUBLIC LAW 108–447—DEC. 8, 2004
$80,000,000, to remain available until September 30, 2006, of which
$2,000,000 is for a grant to the National Academy of Public Adminis-
tration to study impacts of off-shoring on the economy and workforce
of the United States.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing, pre-
paring, and publishing statistics, provided for by law, $198,765,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses related to the 2010 decennial census,
$393,515,000, to remain available until September 30, 2006: Pro-
vided, That of the total amount available related to the 2010 decen-
nial census, $165,196,000 is for the Re-engineered Design Process
for the Short-Form Only Census, $146,009,000 is for the American
Community Survey, and $82,310,000 is for the Master Address
File/Topologically Integrated Geographic Encoding and Referencing
(MAF/TIGER) system.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law,
$162,601,000, to remain available until September 30, 2006, of
which $73,473,000 is for economic statistics programs and
$89,128,000 is for demographic statistics programs: Provided, That
regarding construction of a facility at the Suitland Federal Center,
quarterly reports regarding the expenditure of funds and project
planning, design and cost decisions shall be provided by the Bureau,
in cooperation with the General Services Administration, to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That none of the funds provided
in this or any other Act under the heading ‘‘Bureau of the Census,
Periodic Censuses and Programs’’ shall be used to fund the construc-
tion and tenant build-out costs of a facility at the Suitland Federal
Center: Provided further, That none of the funds provided in this
or any other Act for any fiscal year may be used for the collection
of Census data on race identification that does not include ‘‘some
other race’’ as a catagory.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications 
and 
Information 
Administration 
(NTIA),
$17,433,000, to remain available until September 30, 2006: Pro-
vided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in spec-
trum management, analysis, and operations, and related services
and such fees shall be retained and used as offsetting collections
for costs of such spectrum services, to remain available until
expended: Provided further, That the Secretary of Commerce is
authorized to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government agen-
cies for all costs incurred in telecommunications research,
13 USC 5 note.
Reports.
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engineering, and related activities by the Institute for Telecommuni-
cation Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other Govern-
ment agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For the administration of grants authorized by section 392
of the Communications Act of 1934, $21,769,000, to remain available
until expended as authorized by section 391 of the Act: Provided,
That not to exceed $2,000,000 shall be available for program
administration as authorized by section 391 of the Act: Provided
further, That, notwithstanding the provisions of section 391 of the
Act, the prior year unobligated balances may be made available
for grants for projects for which applications have been submitted
and approved during any fiscal year.
INFORMATION INFRASTRUCTURE GRANTS
For the administration of prior year grants, recoveries and
unobligated balances of funds previously appropriated for grants
are available only for the administration of all open grants until
their expiration.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and Trade-
mark Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office,
$1,336,000,000, to remain available until expended, which shall
be derived from offsetting collections assessed and collected pursu-
ant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be
retained and used for necessary expenses: Provided, That the sum
herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2005,
so as to result in a fiscal year 2005 appropriation from the general
fund estimated at $0: Provided further, That during fiscal year
2005, should the total amount of offsetting fee collections be less
than $1,356,000,000, this amount shall be reduced accordingly:
Provided further, That not less than 526 full-time equivalents,
530 positions and $72,899,000 shall be for the examination of trade-
mark applications; and not less than 5,057 full-time equivalents,
5,139 positions and $759,021,000 shall be for the examination and
searching of patent applications: Provided further, That not more
than 244 full-time equivalents, 251 positions and $31,906,000 shall
be for the Office of the General Counsel: Provided further, That
of amounts made available under this heading, $20,000,000 shall
only be available for initiatives to protect United States intellectual
property overseas: Provided further, That from amounts provided
herein, not to exceed $1,000 shall be made available in fiscal year
2005 for official reception and representation expenses: Provided
further, That notwithstanding section 1353 of title 31, United States
Code, no employee of the United States Patent and Trademark
Office may accept payment or reimbursement from a non-Federal
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118 STAT. 2878
PUBLIC LAW 108–447—DEC. 8, 2004
entity for travel, subsistence, or related expenses for the purpose
of enabling an employee to attend and participate in a convention,
conference, or meeting when the entity offering payment or
reimbursement is a person or corporation subject to regulation
by the Office, or represents a person or corporation subject to
regulation by the Office, unless the person or corporation is an
organization exempt from taxation pursuant to section 501(c)(3)
of the Internal Revenue Code of 1986.
In addition, fees authorized by title VIII of this Act may be
collected and credited to this account as offsetting collections: Pro-
vided, That not to exceed $218,754,000 derived from such offsetting
collections shall be available until expended for authorized purposes:
Provided further, That not less than 58 full-time equivalents, 72
positions and $5,551,000 shall be for the examination of trademark
applications; and not less than 378 full-time equivalents, 709 posi-
tions and $106,986,000 shall be for the examination and searching
of patent applications: Provided further, That not more than 20
full-time equivalents, 20 positions and $4,955,000 shall be for the
Office of the General Counsel: Provided further, That the total
amount appropriated from fees collected in fiscal year 2005,
including such increased fees, shall not exceed $1,574,754,000: Pro-
vided further, That in fiscal year 2005, from the amounts made
available for ‘‘Salaries and Expenses’’ for the United States Patent
and Trademark Office (PTO), the amounts necessary to pay: (1)
the difference between the percentage of basic pay contributed
by the PTO and employees under section 8334(a) of title 5, United
States Code, and the normal cost percentage (as defined by section
8331(17) of that title) of basic pay, of employees subject to sub-
chapter III of chapter 83 of that title; and (2) the present value
of the otherwise unfunded accruing costs, as determined by the
Office of Personnel Management, of post-retirement life insurance
and post-retirement health benefits coverage for all PTO employees,
shall be transferred to the Civil Service Retirement and Disability
Fund, the Employees Life Insurance Fund, and the Employees
Health Benefits Fund, as appropriate, and shall be available for
the authorized purposes of those accounts.
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology
Office of Technology Policy, $6,547,000: Provided, That section 8(a)
of the Technology Administration Act of 1998 (15 U.S.C. 1511e(a))
is amended by striking ‘‘Technology Administration of’’ after ‘‘within
the’’: Provided further, That $200,000 is for the World Congress
on Information Technology.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards
and Technology, $383,892,000, to remain available until expended,
of which not to exceed $2,900,000 may be transferred to the
‘‘Working Capital Fund’’.
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118 STAT. 2879
PUBLIC LAW 108–447—DEC. 8, 2004
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Extension Part-
nership of the National Institute of Standards and Technology,
$109,000,000, to remain available until expended: Provided, That
the Secretary of Commerce shall not recompete any existing Manu-
facturing Extension Partnership Center prior to 2007: Provided
further, That hereafter the Manufacturing Extension Partnership
Program authorized under 15 U.S.C. 278k shall be renamed the
Hollings Manufacturing Partnership Program and the centers estab-
lished and receiving funding under 15 U.S.C. 278k paragraph (a)
shall be named the Hollings Manufacturing Extension Centers.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$142,300,000, to remain available until expended.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15 U.S.C.
278c–278e, $73,500,000, to remain available until expended.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; grants,
contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agree-
ments; and relocation of facilities, $2,804,065,000, to remain avail-
able until September 30, 2006, except for funds provided for coopera-
tive enforcement which shall remain available until September
30, 2007: Provided, That fees and donations received by the National
Ocean Service for the management of national marine sanctuaries
may be retained and used for the salaries and expenses associated
with those activities, notwithstanding 31 U.S.C. 3302: Provided
further, That in addition, $3,000,000 shall be derived by transfer
from the fund entitled ‘‘Coastal Zone Management’’ and in addition
$65,000,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’: Provided further, That of the $2,872,065,000
provided for in direct obligations under this heading $2,804,065,000
is appropriated from the General Fund: Provided further, That
no general administrative charge shall be applied against an
assigned activity included in this Act or the report accompanying
this Act except for additional costs above the fiscal year 2004
level of $2,600,000 for automating and modernizing the NOAA
grant processing systems up to a total of $5,000,000: Provided
further, That the total amount available for the National Oceanic
and Atmospheric Administration corporate services administrative
support costs shall not exceed $171,530,000: Provided further, That
15 USC 278k
note.
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118 STAT. 2880
PUBLIC LAW 108–447—DEC. 8, 2004
payments of funds made available under this heading to the Depart-
ment of Commerce Working Capital Fund including Department
of Commerce General Counsel legal services shall not exceed
$39,500,000: Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying this
Act shall be subject to the procedures set forth in section 605
of this Act: Provided further, That grants to States pursuant to
sections 306 and 306A of the Coastal Zone Management Act of
1972, as amended, shall not exceed $2,000,000, unless funds pro-
vided for ‘‘Coastal Zone Management Grants’’ exceed funds provided
in the previous fiscal year: Provided further, That if funds provided
for ‘‘Coastal Zone Management Grants’’ exceed funds provided in
the previous fiscal year, then no State shall receive more than
5 percent or less than 1 percent of the additional funds: Provided
further, That none of the funds under this heading are available
to alter the existing structure, organization, function, and funding
of the National Marine Fisheries Service Southwest Region and
Fisheries Science Center and Northwest Region and Fisheries
Science Center: Provided further, That notwithstanding any other
provision of law, $600,000 shall be available only for the National
Oceanic and Atmospheric Administration Office of Space Commer-
cialization: Provided further, That the personnel management dem-
onstration project established at the National Oceanic and
Atmospheric Administration pursuant to 5 U.S.C. 4703 may be
expanded by 3,500 full-time positions to include up to 6,925 full-
time positions and may be extended indefinitely: Provided further,
That the Administrator of the National Oceanic and Atmospheric
Administration may engage in formal and informal education activi-
ties, including primary and secondary education, related to the
agency’s mission goals.
In addition, for necessary retired pay expenses under the
Retired Serviceman’s Family Protection and Survivor Benefits Plan,
and for payments for the medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10 U.S.C.
ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,053,436,000 to remain avail-
able until September 30, 2007, except funds provided for construc-
tion of facilities which shall remain available until September 30,
2009, and funds provided for the Honolulu Laboratory and the
Marine Environmental Health Research Laboratory which shall
remain available until expended: Provided, That of the amounts
provided for the National Polar-orbiting Operational Environmental
Satellite System, funds shall only be made available on a dollar
for dollar matching basis with funds provided for the same purpose
by the Department of Defense: Provided further, That except to
the extent expressly prohibited by any other law, the Department
of Defense may delegate procurement functions related to the
National Polar-orbiting Operational Environmental Satellite System
to officials of the Department of Commerce pursuant to section
2311 of title 10, United States Code: Provided further, That any
deviation from the amounts designated for specific activities in
the report accompanying this Act shall be subject to the procedures
set forth in section 605 of this Act: Provided further, That none
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118 STAT. 2881
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of the funds provided in this Act or any other Act under the
heading ‘‘National Oceanic and Atmospheric Administration,
Procurement, Acquisition and Construction’’ shall be used to fund
the General Services Administration’s standard construction and
tenant build-out costs of a facility at the Suitland Federal Center:
Provided further, That beginning in fiscal year 2006 and for each
fiscal year thereafter, the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits
to Congress in support of the Department of Commerce budget
(as submitted with the budget of the President under section 1105(a)
of title 31, 10 United States Code) an estimate for each National
Oceanic and Atmospheric Administration procurement, acquisition
and construction program having a total multiyear program cost
of more than $5,000,000 and simultaneously the budget justification
materials shall include an estimate of the budgetary requirements
for each such program for each of the 5 subsequent fiscal years.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $90,000,000: Provided, That section
628(2)(A) of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2001 (16
U.S.C. 3645) is amended—
(1) by striking ‘‘2000, 2001, 2002, and 2003’’ and inserting
‘‘2005’’, and
(2) by inserting ‘‘Idaho,’’ after ‘‘Oregon,’’.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ‘‘Operations, Research, and
Facilities’’ account to offset the costs of implementing such Act.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $499,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
For the costs of direct loans, $287,000, as authorized by the
Merchant Marine Act of 1936: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in the Federal
Credit Reform Act of 1990: Provided further, That these funds
are only available to subsidize gross obligations for the principal
amount of direct loans not to exceed $5,000,000 for Individual
Fishing Quota loans, and not to exceed $59,000,000 for traditional
direct loans, of which $40,000,000 may be used for direct loans
to the United States distant water tuna fleet, and of which
$19,000,000 may be used for direct loans to the United States
menhaden fishery: Provided further, That none of the funds made
available under this heading may be used for direct loans for
any new fishing vessel that will increase the harvesting capacity
in any United States fishery.
15 USC 1513a.
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PUBLIC LAW 108–447—DEC. 8, 2004
OTHER
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $48,109,000: Provided,
That not to exceed 12 full-time equivalents and $1,621,000 shall
be expended for the legislative affairs function of the Department.
UNITED STATES TRAVEL AND TOURISM PROMOTION
For necessary expenses of the United States Travel and
Tourism Promotion Program, as authorized by section 210 of Public
Law 108–7, for programs promoting travel to the United States
including grants, contracts, cooperative agreements and related
costs, $10,000,000, to remain available until September 30, 2006.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $21,660,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable appropria-
tions and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefore, as author-
ized by law (5 U.S.C. 5901–5902).
SEC. 203. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this or any other Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act.
SEC. 204. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in response
to funding reductions included in this title or from actions taken
Notification.
Deadline.
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PUBLIC LAW 108–447—DEC. 8, 2004
for the care and protection of loan collateral or grant property
shall be absorbed within the total budgetary resources available
to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 205. Hereafter, none of the funds made available by this
or any other Act for the Department of Commerce shall be available
to reimburse the Unemployment Trust Fund or any other fund
or account of the Treasury to pay for any expenses authorized
by section 8501 of title 5, United States Code, for services performed
by individuals appointed to temporary positions within the Bureau
of the Census for purposes relating to the decennial censuses of
population.
SEC. 206. Of the amount available from the fund entitled ‘‘Pro-
mote and Develop Fishery Products and Research Pertaining to
American Fisheries’’, $10,000,000 shall be provided to the Alaska
Fisheries Marketing Board, $1,000,000 shall be available for the
‘‘Wild American Shrimp Initiative’’, and $1,000,000 shall be avail-
able for the Gulf Oyster Industry Education Program: Provided,
That: (1) the Alaska Fisheries Marketing Board (hereinafter ‘‘the
Board’’) shall be a nonprofit organization and not an agency or
establishment of the United States; (2) the Secretary may appoint,
assign, or otherwise designate as Executive Director an employee
of the Department of Commerce, who may serve in an official
capacity in such position, with or without reimbursement, and
such appointment or assignment shall be without interruption or
loss of civil service status or privilege; and (3) the Board may
adopt bylaws consistent with the purposes of this section, and
may undertake other acts necessary to carry out the provisions
of this section.
SEC. 207. (a) Hereafter, the Secretary of Commerce is author-
ized to operate a marine laboratory in South Carolina in accordance
with a memorandum of agreement, including any future amend-
ments, among the National Oceanic and Atmospheric Administra-
tion, the National Institute of Standards and Technology, the State
of South Carolina, the Medical University of South Carolina, and
the College of Charleston as a partnership for collaborative, inter-
disciplinary marine scientific research.
(b) To carry out subsection (a), the agencies that are partners
in the Laboratory may accept, apply for, use, and spend Federal,
State, private and grant funds as necessary to further the mission
of the Laboratory without regard to the source or of the period
of availability of these funds and may apply for and hold patents,
as well as share personnel, facilities, and property. Any funds
collected or accepted by any partner may be used to offset all
or portions of its costs, including overhead, without regard to 31
U.S.C. 143302(b); to reimburse other participating agencies for all
or portions of their costs; and to fund research and facilities expan-
sion. Funds for management and operation of the Laboratory may
be used to sustain basic laboratory operations for all participating
entities. The Secretary of Commerce is authorized to charge fees
and enter into contracts, grants, cooperative agreements and other
South Carolina.
Laboratories.
Research and
development.
13 USC 23 note.
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arrangements with Federal, State, private entities, and other enti-
ties, domestic and foreign, to further the mission of the Laboratory.
Any funds collected from such fees or arrangements shall be used
to support cooperative research, basic operations, and facilities
enhancement at the Laboratory.
SEC. 208. Funds made available for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee Pro-
gram in section 211(b) of Public Law 108–199 shall remain available
until expended.
SEC. 209. A fishing capacity reduction program for the South-
east Alaska purse seine fishery is authorized to be financed through
a capacity reduction loan of $50,000,000 pursuant to sections 1111
and 1112 of title XI of the Merchant Marine Act of 1936 (46
U.S.C. App. 1279f and 1279g) subject to the conditions of this
section. In accordance with the Federal Credit Reform Act of 1990,
2 U.S.C. 661 et seq., $500,000 is made available from funds appro-
priated for ‘‘Pacific Coastal Salmon Recovery’’ in this Act for the
cost of the loan authorized by this section. The loan shall have
a term of 30 years, except that the amount to be repaid in any
1 year shall not exceed 2 percent of the total value of salmon
landed in the fishery and such repayment shall begin with salmon
landed after January 1, 2006.
SEC. 210. Section 653(a) of Public Law 106–58 is amended
by inserting the following: ‘‘(7) The Coordinator for International
Intellectual Property Enforcement.’’ after ‘‘Under Secretary of Com-
merce for International Trade.’’.
SEC. 211. Notwithstanding any other provision of law, of the
amounts made available elsewhere in this title to the ‘‘National
Institute of Standards and Technology, Construction of Research
Facilities’’, $20,000,000 is for a cooperative agreement with the
Medical University of South Carolina; $10,000,000 is for the Cancer
Research Center in Hawaii; $4,000,000 is for the Thayer School
of Engineering, of which $1,000,000 is for a biomass energy research
project, $2,000,000 is for a smart laser beam project, and $1,000,000
is for research relating to biomaterials; $1,000,000 is for civic edu-
cation programs at the New Hampshire Institute of Politics;
$1,500,000 is for the Franklin Pierce Community Center; $2,000,000
is for the Southern New Hampshire University School of Commu-
nity Economic Development; and $5,000,000 is for the Boston
Museum of Science.
SEC. 212. Section 3(f) of Public Law 104–91 is amended by
striking ‘‘and 2005’’ and inserting ‘‘2005, 2006, and 2007’’.
SEC. 213. Hereafter, notwithstanding any other Federal law
related to the conservation and management of marine mammals,
the State of Hawaii may enforce any State law or regulation with
respect to the operation in State waters of recreational and commer-
cial vessels, for the purpose of conservation and management of
humpback whales, to the extent that such law or regulation is
no less restrictive than Federal law.
SEC. 214. ESTABLISHMENT OF THE ERNEST F. HOLLINGS SCHOL-
ARSHIP PROGRAM. (a) ESTABLISHMENT.—The Administrator of the
National Oceanic and Atmospheric Administration shall establish
and administer the Ernest F. Hollings Scholarship Program. Under
the program, the Administrator shall award scholarships in oceanic
and atmospheric science, research, technology, and education to
be known as Ernest F. Hollings Scholarships.
15 USC 1542.
Hawaii.
16 USC 1379
note.
16 USC 1165
note.
Contracts.
15 USC 1128.
Alaska.
Salmon.
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(b) PURPOSES.—The purposes of the Ernest F. Hollings Scholar-
ships Program are—
(1) to increase undergraduate training in oceanic and
atmospheric science, research, technology, and education and
foster multidisciplinary training opportunities;
(2) to increase public understanding and support for
stewardship of the ocean and atmosphere and improve environ-
mental literacy;
(3) to recruit and prepare students for public service careers
with the National Oceanic and Atmospheric Administration
and other natural resource and science agencies at the Federal,
State and Local levels of government; and
(4) to recruit and prepare students for careers as teachers
and educators in oceanic and atmospheric science and to
improve scientific and environmental education in the United
States.
(c) AWARD.—Each Ernest F. Hollings Scholarship—
(1) shall be used to support undergraduate studies in oce-
anic and atmospheric science, research, technology, and edu-
cation that support the purposes of the programs and missions
of the National Oceanic and Atmospheric Administration;
(2) shall recognize outstanding scholarship and ability;
(3) shall promote participation by groups underrepresented
in oceanic and atmospheric science and technology; and
(4) shall be awarded competitively in accordance with
guidelines issued by the Administrator and published in the
Federal Register.
(d) ELIGIBILITY.—In order to be eligible to participate in the
program, an individual must—
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965) in an
academic field or discipline described in subsection (c);
(2) be a United States citizen;
(3) not have received a scholarship under this section for
more than 4 academic years, unless the Administrator grants
a waiver; and
(4) submit an application at such time, in such manner,
and containing such information, agreements, or assurances
as the Administrator may require.
(e) DISTRIBUTION OF FUNDS.—The amount of each Ernest F.
Hollings Scholarship shall be provided directly to a recipient
selected by the Administrator upon receipt of certification that
the recipient will adhere to a specific and detailed plan of study
and research approved by an institution of higher education.
(f) FUNDING.—Of the total amount appropriated for fiscal year
2005 and annually hereafter to the National Oceanic and
Atmospheric Administration, the Administrator shall make avail-
able for the Ernest F. Hollings Scholarship program one-tenth of
1 percent of such appropriations.
(g) SCHOLARSHIP REPAYMENT REQUIREMENT.—The Adminis-
trator shall require an individual receiving a scholarship under
this section to repay the full amount of the scholarship to the
National Oceanic and Atmospheric Administration if the Adminis-
trator determines that the individual, in obtaining or using the
scholarship, engaged in fraudulent conduct or failed to comply with
any term or condition of the scholarship. Such repayments shall
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PUBLIC LAW 108–447—DEC. 8, 2004
be deposited in the NOAA Operations, Research, and Facilities
Appropriations Account and treated as an offsetting collection and
only be available for financing additional scholarships.
SEC. 215. Section 402(f) of Public Law 107–372 is amended—
(1) in paragraph (1), by striking ‘‘All right’’ and inserting
‘‘For the period ending April 3, 2008, all right’’; and
(2) in paragraph (3), by inserting ‘‘for the period ending
April 3, 2008’’ after ‘‘and annually thereafter’’.
SEC. 216. Of the amounts made available under this heading
for the National Oceanic and Atmospheric Administration, the Sec-
retary of Commerce shall pay by March 1, 2005, $5,000,000 to
the National Marine Sanctuaries Foundation to capitalize a fund
for ocean activities.
SEC. 217. Any funding provided under this title used to imple-
ment the Department of Commerce’s E-Government Initiatives shall
be subject to the procedures set forth in section 605 of this Act.
SEC. 218. A fishing capacity reduction program for the Federal
Gulf of Mexico Reef Fish Fishery Management Plan principally
intended for commercial long line vessels is authorized to be
financed through a capacity reduction loan of $35,000,000 pursuant
to sections 1111 and 1112 of title XI of the Merchant Marine
Act of 1936 (46 U.S.C. App. 1279f and 1279g) subject to the condi-
tions of this section. In accordance with the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), $350,000 is hereby appropriated
for the subsidy cost of the loan authorized under this section and
shall remain available until expended. The Secretary of Commerce,
working in close coordination with active fishery participants, is
hereby authorized to design and implement a comprehensive vol-
untary capacity reduction program using the loan authorized under
this section. The Secretary shall set the loan term at 35 years
and repayment shall begin within 1 year of final implementation
of the program. In addition to the authority of the Gulf of Mexico
Regional Fishery Management Council to develop and recommend
conservation and management measures for the Gulf of Mexico
reef fish fishery, the Secretary of Commerce is authorized to develop
and implement a limited access program pursuant to the standards
set forth in section 303(b)(6) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853(b)(6)).
SEC. 219. (a) DEFINITIONS.—In this section:
(1) AFA TRAWL CATCHER PROCESSOR SUBSECTOR.—The term
‘‘AFA trawl catcher processor subsector’’ means the owners
of each catcher/processor listed in paragraphs (1) through (20)
of section 208(e) of the American Fisheries Act (16 U.S.C.
1851 note).
(2) BSAI.—The term ‘‘BSAI’’ has the meaning given the
term ‘‘Bering Sea and Aleutian Islands Management Area’’
in section 679.2 of title 50, Code of Federal Regulations (or
successor regulation).
(3) CATCHER PROCESSOR SUBSECTOR.—The term ‘‘catcher
processor subsector’’ means, as appropriate, one of the following:
(A) The longline catcher processor subsector.
(B) The AFA trawl catcher processor subsector.
(C) The non-AFA trawl catcher processor subsector.
(D) The pot catcher processor subsector.
(4) COUNCIL.—The term ‘‘Council’’ means the North Pacific
Fishery Management Council established in section 302(a)(1)(G)
Loans.
Fisheries.
Deadline.
116 Stat. 3102.
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PUBLIC LAW 108–447—DEC. 8, 2004
of the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1852(a)(1)(G)).
(5) LLP LICENSE.—The term ‘‘LLP license’’ means a Federal
License Limitation program groundfish license issued pursuant
to section 679.4(k) of title 50, Code of Federal Regulations
(or successor regulation).
(6) LONGLINE CATCHER PROCESSOR SUBSECTOR.—The term
‘‘longline catcher processor subsector’’ means the holders of
an LLP license that is noninterim and transferable, or that
is interim and subsequently becomes noninterim and transfer-
able, and that is endorsed for Bering Sea or Aleutian Islands
catcher processor fishing activity, C/P, Pcod, and hook and
line gear.
(7) NON-AFA TRAWL CATCHER PROCESSOR SUBSECTOR.—The
term ‘‘non-AFA trawl catcher processor subsector’’ means the
owner of each trawl catcher processor—
(A) that is not an AFA trawl catcher processor;
(B) to whom a valid LLP license that is endorsed
for Bering Sea or Aleutian Islands trawl catcher processor
fishing activity has been issued; and
(C) that the Secretary determines has harvested with
trawl gear and processed not less than a total of 150
metric tons of non-pollock groundfish during the period
January 1, 1997 through December 31, 2002.
(8) NON-POLLOCK GROUNDFISH FISHERY.—The term ‘‘non-
pollock groundfish fishery’’ means target species of Atka mack-
erel, flathead sole, Pacific cod, Pacific Ocean perch, rock sole,
turbot, or yellowfin sole harvested in the BSAI.
(9) POT CATCHER PROCESSOR SUBSECTOR.—The term ‘‘pot
catcher processor subsector’’ means the holders of an LLP
license that is noninterim and transferable, or that is interim
and subsequently becomes noninterim and transferable, and
that is endorsed for Bering Sea or Aleutian Islands catcher
processor fishing activity, C/P, Pcod, and pot gear.
(10) SECRETARY.—Except as otherwise provided in this Act,
the term ‘‘Secretary’’ means the Secretary of Commerce.
(b) AUTHORITY
FOR
BSAI CATCHER
PROCESSOR
CAPACITY
REDUCTION PROGRAM.—
(1) IN GENERAL.—A fishing capacity reduction program for
the non-pollock groundfish fishery in the BSAI is authorized
to be financed through a capacity reduction loan of not more
than $75,000,000 under sections 1111 and 1112 of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g).
(2) RELATIONSHIP TO MERCHANT MARINE ACT, 1936.—The
fishing capacity reduction program authorized by paragraph
(1) shall be a program for the purposes of subsection (e) of
section 1111 of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1279f), except, notwithstanding subsection (b)(4) of such
section, the capacity reduction loan authorized by paragraph
(1) may have a maturity not to exceed 30 years.
(c) AVAILABILITY OF CAPACITY REDUCTION FUNDS TO CATCHER
PROCESSOR SUBSECTORS.—
(1) IN GENERAL.—The Secretary shall make available the
amounts of the capacity reduction loan authorized by subsection
(b)(1) to each catcher processor subsector as described in this
subsection.
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118 STAT. 2888
PUBLIC LAW 108–447—DEC. 8, 2004
(2) INITIAL AVAILABILITY OF FUNDS.—The Secretary shall
make available the amounts of the capacity reduction loan
authorized by subsection (b)(1) as follows:
(A) Not more than $36,000,000 for the longline catcher
processor subsector.
(B) Not more than $6,000,000 for the AFA trawl
catcher processor subsector.
(C) Not more than $31,000,000 for the non-AFA trawl
catcher processor subsector.
(D) Not more than $2,000,000 for the pot catcher proc-
essor subsector.
(3) OTHER AVAILABILITY OF FUNDS.—After January 1, 2009,
the Secretary may make available for fishing capacity reduction
to one or more of the catcher processor subsectors any amounts
of the capacity reduction loan authorized by subsection (b)(1)
that have not been expended by that date.
(d) BINDING REDUCTION CONTRACTS.—
(1) REQUIREMENT FOR CONTRACTS.—The Secretary may not
provide funds to a person under the fishing capacity reduction
program authorized by subsection (b) if such person does not
enter into a binding reduction contract between the United
States and such person, the performance of which may only
be subject to the approval of an appropriate capacity reduction
plan under subsection (e).
(2) REQUIREMENT
TO
REVOKE
LICENSES.—The Secretary
shall revoke all Federal fishery licenses, fishery permits, and
area and species endorsements issued for a vessel, or any
vessel named on an LLP license purchased through the fishing
capacity reduction program authorized by subsection (b).
(e) DEVELOPMENT, APPROVAL, AND NOTIFICATION OF CAPACITY
REDUCTION PLANS.—
(1) DEVELOPMENT.—Each catcher processor subsector may,
after notice to the Council, submit to the Secretary a capacity
reduction plan for the appropriate subsector to promote sustain-
able fisheries management through the removal of excess har-
vesting capacity from the non-pollock groundfish fishery.
(2) APPROVAL BY THE SECRETARY.—The Secretary is author-
ized to approve a capacity reduction plan submitted under
paragraph (1) if such plan—
(A) is consistent with the requirements of section 312(b)
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(b)) except—
(i) the requirement that a Council or Governor
of a State request such a program set out in paragraph
(1) of such subsection; and
(ii) the requirements of paragraph (4) of such sub-
section;
(B) contains provisions for a fee system that provides
for full and timely repayment of the capacity reduction
loan by a catcher processor subsector and that may provide
for the assessment of such fees based on methods other
than ex-vessel value of fish harvested;
(C) does not require a bidding or auction process;
(D) will result in the maximum sustained reduction
in fishing capacity at the least cost and in the minimum
amount of time; and
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118 STAT. 2889
PUBLIC LAW 108–447—DEC. 8, 2004
(E) permits vessels in the catcher processor subsector
to be upgraded to achieve efficiencies in fishing operations
provided that such upgrades do not result in the vessel
exceeding the applicable length, tonnage, or horsepower
limitations set out in Federal law or regulation.
(3) APPROVAL BY REFERENDUM.—
(A) IN GENERAL.—Following approval by the Secretary
under paragraph (2), the Secretary shall conduct a ref-
erendum for approval of a capacity reduction plan for the
appropriate catcher processor subsector. The capacity
reduction plan and fee system shall be approved if the
referendum votes which are cast in favor of the proposed
system by the appropriate catcher processor subsector are—
(i) 100 percent of the members of the AFA trawl
catcher processor subsector; or
(ii) not less than 2⁄3 of the members of—
(I) the longline catcher processor subsector;
(II) the non-AFA trawl catcher processor sub-
sector; or
(III) the pot catcher processor subsector.
(B) NOTIFICATION PRIOR TO REFERENDUM.—Prior to con-
ducting a referendum under subparagraph (A) for a
capacity reduction plan, the Secretary shall—
(i) identify, to the extent practicable, and notify
the catcher processor subsector that will be affected
by such plan; and
(ii) make available to such subsector information
about any industry fee system contained in such plan,
a description of the schedule, procedures, and eligibility
requirements for the referendum, the proposed pro-
gram, the estimated capacity reduction, the amount
and duration, and any other terms and conditions of
the fee system proposed in such plan.
(4) IMPLEMENTATION.—
(A) NOTICE OF IMPLEMENTATION.—Not later than 90
days after a capacity reduction plan is approved by a ref-
erendum under paragraph (3), the Secretary shall publish
a notice in the Federal Register that includes the exact
terms and conditions under which the Secretary shall
implement the fishing capacity reduction program author-
ized by subsection (b).
(B) INAPPLICABILITY OF IMPLEMENTATION PROVISION OF
MAGNUSON.—Section 312(e) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1861a(e)) shall not apply to a capacity reduction plan
approved under this subsection.
(5) AUTHORITY TO COLLECT FEES.—The Secretary is author-
ized to collect fees to fund a fishing capacity reduction program
and to repay debt obligations incurred pursuant to a plan
approved under paragraph (3)(A).
(f) ACTION BY OTHER ENTITIES.—Upon the request of the Sec-
retary, the Secretary of the Department in which the National
Vessel Documentation Center operates or the Secretary of the
Department in which the Maritime Administration operates, as
appropriate, shall, with respect to any vessel or any vessel named
on an LLP license purchased through the fishing capacity reduction
program authorized by subsection (b)—
Deadline.
Federal Register,
publication.
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118 STAT. 2890
PUBLIC LAW 108–447—DEC. 8, 2004
(1)(A) permanently revoke any fishery endorsement issued
to the vessel under section 12108 of title 46, United States
Code;
(B) refuse to grant the approval required under section
9(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2))
for the placement of the vessel under foreign registry or the
operation of the vessel under the authority of a foreign country;
and
(C) require that the vessel operate under United States
flag and remain under Federal documentation; or
(2) require that the vessel be scrapped as a reduction
vessel under section 600.1011(c) of title 50, Code of Federal
Regulations.
(g) NON-POLLOCK GROUNDFISH FISHERY.—
(1) PARTICIPATION
IN
THE
FISHERY.—Only a member of
a catcher processor subsector may participate in—
(A) the catcher processor sector of the BSAI non-pollock
groundfish fishery; or
(B) the fishing capacity reduction program authorized
by subsection (b).
(2) PLANS FOR THE FISHERY.—It is the sense of Congress
that—
(A) the Council should continue on its path toward
rationalization of the BSAI non-pollock groundfish fish-
eries, complete its ongoing work with respect to developing
management plans for the BSAI non-pollock groundfish
fisheries in a timely manner, and take actions that promote
stability of these fisheries consistent with the goals of
this section and the purposes and policies of the Magnuson-
Stevens Fishery Conservation and Management Act; and
(B) such plans should not penalize members of any
catcher processor subsector for achieving capacity reduction
under this Act or any other provision of law.
(h) REPORTS.—
(1) REQUIREMENT.—The Secretary shall submit to the Com-
mittee on Commerce, Science, and Transportation of the Senate
and the Committee on Resources of the House of Representa-
tives 5 reports on the fishing capacity reduction program
authorized by subsection (b).
(2) CONTENT.—Each report shall contain the following:
(A) A description of the fishing capacity reduction pro-
gram carried out under the authority in subsection (b).
(B) An evaluation of the cost and cost-effectiveness
of such program.
(C) An evaluation of the effectiveness of such program
in achieving the objective set out in section 312(b) of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1861a(b)).
(3) SCHEDULE.—
(A) INITIAL REPORT.—The Secretary shall submit the
first report under paragraph (1) not later than 90 days
after the date that the first referendum referred to in
subsection (e)(3) is held.
(B) SUBSEQUENT REPORTS.—During each of the 4 years
after the year in which the report is submitted under
subparagraph (A), the Secretary shall submit to Congress
an annual report as described in this subsection.
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118 STAT. 2891
PUBLIC LAW 108–447—DEC. 8, 2004
(i) CONFORMING AMENDMENT.—Section 214 of the Department
of Commerce and Related Agencies Appropriations Act, 2004 (title
II of division B of Public Law 108–199; 118 Stat. 75) is amended
by striking ‘‘that—’’ and all that follows, and inserting ‘‘under
the capacity reduction program authorized in section 219 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2005.’’.
SEC. 220. None of the funds appropriated in this Act or any
other Act may be used to disqualify any community which was
a participant in the Bering Sea Community Development Quota
program on January 1, 2004, from continuing to receive quota
allocations under that program.
SEC. 221. In addition to amounts made available under section
214 of the Department of Commerce and Related Agencies Appro-
priations Act, 2004 (title II of division B of Public Law 108–199;
118 Stat. 75), of the funding provided in this Act under the heading
‘‘NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION, OPER-
ATIONS, RESEARCH, AND FACILITIES’’, $250,000, to remain available
until expended, for the Federal Credit Reform Act cost of a reduction
loan under sections 1111 and 1112 of the Merchant Marine Act,
1936 (46 U.S.C. App. 1279f and 1279g), not to exceed an additional
$25,000,000 in principal, for the capacity reduction program author-
ized in section 219.
This title may be cited as the ‘‘Department of Commerce and
Related Agencies Appropriations Act, 2005’’.
TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including purchase or hire, driving, maintenance, and operation
of an automobile for the Chief Justice, not to exceed $10,000 for
the purpose of transporting Associate Justices, and hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not
to exceed $10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief Justice
may approve, $58,122,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a–
13b), $9,979,000, which shall remain available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized
by law, $21,780,000.
Judiciary
Appropriations
Act, 2005.
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118 STAT. 2892
PUBLIC LAW 108–447—DEC. 8, 2004
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries of
the officers and employees of the court, services, and necessary
expenses of the court, as authorized by law, $14,888,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, mag-
istrate judges, and all other officers and employees of the Federal
Judiciary not otherwise specifically provided for, and necessary
expenses of the courts, as authorized by law, $4,177,244,000
(including the purchase of firearms and ammunition); of which
not to exceed $27,817,000 shall remain available until expended
for space alteration projects and for furniture and furnishings
related to new space alteration and construction projects; of which
not to exceed $2,800,000 shall be available for a national probation
and pretrial services training program; of which $1,300,000 of the
funds provided for the Judiciary Information Technology Fund will
be for the Edwin L. Nelson Local Initiatives Program, within which
$1,000,000 will be reserved for local court grants.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986, not to exceed $3,298,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Defender organizations; the com-
pensation and reimbursement of expenses of attorneys appointed
to represent persons under the Criminal Justice Act of 1964; the
compensation and reimbursement of expenses of persons furnishing
investigative, expert and other services under the Criminal Justice
Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in accordance
with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal
cases where the defendant has waived representation by counsel;
the compensation and reimbursement of travel expenses of guard-
ians ad litem acting on behalf of financially eligible minor or incom-
petent offenders in connection with transfers from the United States
to foreign countries with which the United States has a treaty
for the execution of penal sentences; the compensation of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, as authorized by 28 U.S.C. 1875(d); and for
necessary 
training 
and 
general 
administrative 
expenses,
$676,385,000, to remain available until expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
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118 STAT. 2893
PUBLIC LAW 108–447—DEC. 8, 2004
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$61,535,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title
5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for, incident
to providing protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security equipment
for United States courthouses and other facilities housing Federal
court operations, including building ingress-egress control, inspec-
tion of mail and packages, directed security patrols, perimeter secu-
rity, basic security services provided by the Department of Home-
land Security, and other similar activities as authorized by section
1010 of the Judicial Improvement and Access to Justice Act (Public
Law 100–702), $332,000,000, of which not to exceed $10,000,000
shall remain available until expended, to be expended directly or
transferred to the United States Marshals Service, which shall
be responsible for administering the Judicial Facility Security Pro-
gram consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States Courts
and the Attorney General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $68,200,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $21,737,000; of which $1,800,000
shall remain available through September 30, 2006, to provide
education and training to Federal court personnel; and of which
not to exceed $1,500 is authorized for official reception and represen-
tation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement Fund, as
authorized by 28 U.S.C. 377(o), $32,000,000; to the Judicial Sur-
vivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c),
$2,000,000; and to the United States Court of Federal Claims
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118 STAT. 2894
PUBLIC LAW 108–447—DEC. 8, 2004
Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,700,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $13,304,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appro-
priation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis-
trict Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for Courts of Appeals, District
Courts, and Other Judicial Services shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
SEC. 304. (a) Section 3006A(d)(2) of title 18, United States
Code, is amended—
(1) by striking ‘‘5,200’’ and inserting ‘‘7,000’’;
(2) by striking ‘‘1,500’’ and inserting ‘‘2,000’’;
(3) by striking ‘‘3,700’’ and inserting ‘‘5,000’’;
(4) by striking ‘‘1,200’’ each place it appears and inserting
‘‘1,500’’; and
(5) by striking ‘‘3,900’’ and inserting ‘‘5,000’’.
(b) Section 3006A(e) of title 18, United States Code, is
amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘300’’ and
inserting ‘‘500’’; and
(B) in subparagraph (B), by striking ‘‘300’’ and
inserting ‘‘500’’; and
(2) in paragraph (3) in the first sentence by striking ‘‘1,000’’
and inserting ‘‘1,600’’.
SEC. 305. Within 90 days of enactment of this Act, the Adminis-
trative Office of the U.S. Courts shall submit to the Committees
on Appropriations a comprehensive financial plan for the Judiciary
allocating all sources of available funds including appropriations,
Deadline.
Financial plan.
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118 STAT. 2895
PUBLIC LAW 108–447—DEC. 8, 2004
fee collections, and carryover balances, to include a separate and
detailed plan for the Judiciary Information Technology fund.
SEC. 306. Pursuant to section 140 of Public Law 97–92, and
from funds appropriated in this Act, Justices and judges of the
United States are authorized during fiscal year 2005, to receive
a salary adjustment in accordance with 28 U.S.C. 461.
SEC. 307. (a) Section 1914(a) of title 28, United States Code,
is amended by striking ‘‘$150’’ and inserting ‘‘$250’’.
(b) Section 1931(a) of title 28, United States Code, is amended—
(1) in subsection (a) by striking ‘‘$90’’ and inserting ‘‘$190’’;
and
(2) in subsection (b)—
(A) by striking ‘‘$150’’ and inserting ‘‘$250’’; and
(B) by striking ‘‘$90’’ and inserting ‘‘$190’’.
(c) This section shall take effect 60 days after the date of
the enactment of this Act.
SEC. 308. For fiscal year 2005 and hereafter, such fees as
shall be collected for the processing of violations through the Central
Violations Bureau cases as prescribed by the Judicial Conference
of the United States shall be deposited to the ‘‘Courts of Appeals,
District Courts, and Other Judicial Services, Salaries and Expenses’’
appropriation to be used for salaries and other expenses.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2005’’.
TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including employment,
without regard to civil service and classification laws, of persons
on a temporary basis (not to exceed $700,000 of this appropriation),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent
of the Senate or specific Acts of Congress; arms control, non-
proliferation and disarmament activities as authorized; acquisition
by exchange or purchase of passenger motor vehicles as authorized
by law; and for expenses of general administration, $3,570,000,000:
Provided, That not to exceed 71 permanent positions shall be for
the Bureau of Legislative Affairs: Provided further, That none of
the funds made available under this heading may be used to
transfer any full-time equivalent employees into or out of the
Bureau of Legislative Affairs: Provided further, That, of the amount
made available under this heading, not to exceed $4,000,000 may
be transferred to, and merged with, funds in the ‘‘Emergencies
in the Diplomatic and Consular Service’’ appropriations account,
to be available only for emergency evacuations and terrorism
rewards: Provided further, That, of the amount made available
under this heading, $319,994,000 shall be available only for public
diplomacy international information programs: Provided further,
That of the amount made available under this heading, $3,000,000
Department of
State and
Related Agency
Appropriations
Act, 2005.
28 USC 331 note.
Effective date.
28 USC 1914
note.
28 USC 461 note.
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118 STAT. 2896
PUBLIC LAW 108–447—DEC. 8, 2004
shall be available only for the operations of the Office on Right-
Sizing the United States Government Overseas Presence: Provided
further, That funds available under this heading may be available
for a United States Government interagency task force to examine,
coordinate and oversee United States participation in the United
Nations headquarters renovation project: Provided further, That
no funds may be obligated or expended for processing licenses
for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People’s
Republic of China unless, at least 15 days in advance, the Commit-
tees on Appropriations of the House of Representatives and the
Senate are notified of such proposed action: Provided further, That
of the amount made available under this heading, $185,128,000
is for Near Eastern Affairs, $80,234,000 is for South Asian Affairs,
and $251,706,000 is for African Affairs: Provided further, That,
of the amount made available under this heading, $2,000,000 shall
be available for a grant to conduct an international conference
on the human rights situation in North Korea: Provided further,
That of the amount made available under this heading, $200,000
is for a grant to the Center for the Study of the Presidency and
$1,900,000 is for a grant to Shared Hope International to combat
international sex tourism: Provided further, That the Intellectual
Property Division shall be elevated to office-level status and shall
be renamed the Office of International Intellectual Property
Enforcement within 60 days of enactment of this Act.
In addition, not to exceed $1,426,000 shall be derived from
fees collected from other executive agencies for lease or use of
facilities located at the International Center in accordance with
section 4 of the International Center Act; in addition, as authorized
by section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out
in that section; in addition, as authorized by section 810 of the
United States Information and Educational Exchange Act, not to
exceed $6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments received
from English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and, in addition, not to exceed
$15,000, which shall be derived from reimbursements, surcharges,
and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$658,702,000, to remain available until expended: Provided, That
of the amounts made available under this paragraph, $5,000,000
is for the Center for Antiterrorism and Security Training.
Beginning in fiscal year 2005 and thereafter, the Secretary
of State is authorized to charge surcharges related to consular
services in support of enhanced border security that are in addition
to the passport and immigrant visa fees in effect on January 1,
2004: Provided, That funds collected pursuant to this authority
shall be credited to this account, and shall be available until
expended for the purposes of such account: Provided further, That
such surcharges shall be $12 on passport fees, and $45 on
immigrant visa fees.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$52,149,000, to remain available until expended, as authorized:
8 USC 1714.
Government
organization.
Deadline.
Deadline.
Notification.
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118 STAT. 2897
PUBLIC LAW 108–447—DEC. 8, 2004
Provided, That section 135(e) of Public Law 103–236 shall not
apply to funds available under this heading.
CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM
For expenses relating to the modernization of the information
technology systems and networks of the Department of State,
$77,851,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$30,435,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96–465), as it relates to post
inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $360,750,000, to remain available until expended:
Provided, That not to exceed $2,000,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching,
educational advising and counseling programs, and exchange visitor
programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,640,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as author-
ized, $9,894,000, to remain available until September 30, 2006.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly
leased by the Department of State, renovating, in addition to funds
otherwise available, the Harry S Truman Building, and carrying
out the Diplomatic Security Construction Program as authorized,
$611,680,000, to remain available until expended as authorized,
of which not to exceed $25,000 may be used for domestic and
overseas representation as authorized: Provided, That none of the
funds appropriated in this paragraph shall be available for acquisi-
tion of furniture, furnishings, or generators for other departments
and agencies: Provided further, That the United States Embassy
Annex building in Rome, Italy, previously known as the ‘‘INA
Building’’, shall hereafter be known and designated as the ‘‘Mel
Sembler Building’’.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $912,320,000, to remain
available until expended: Provided, That funds appropriated to
this account in Public Law 108–287 may also be used for non-
interim facilities for the United States Mission in Iraq, including
associated planning, site preparation and pre-construction activities.
Federal buildings
and facilities.
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118 STAT. 2898
PUBLIC LAW 108–447—DEC. 8, 2004
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service, $1,000,000, to remain available until expended as
authorized, of which such sums as necessary may be transferred
to and merged with the Repatriation Loans Program Account, sub-
ject to the same terms and conditions: Provided, That funds pre-
viously appropriated under this heading for rewards for an indictee
of the Special Court for Sierra Leone shall be transferred to the
Special Court for Sierra Leone within 15 days of enactment of
this Act: Provided further, That any transfer of funds provided
under this heading shall be treated as a reprogramming of funds
under section 605 of this Act.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $612,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be transferred
to and merged with the Diplomatic and Consular Programs account
under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96–8), $19,482,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $132,600,000.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$1,182,000,000, of which up to $6,000,000, to remain available
until expended, may be used for the cost of a direct loan to the
United Nations for the cost of renovating its headquarters in New
York: Provided, That such costs, including the cost of modifying
such loan, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available
to subsidize total loan principal of up to $1,200,000,000: Provided
further, That the Secretary of State shall, at the time of the submis-
sion of the President’s budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations of the Senate and of the House of Representatives
the most recent biennial budget prepared by the United Nations
for the operations of the United Nations: Provided further, That
the Secretary of State shall notify the Committees on Appropriations
at least 15 days in advance (or in an emergency, as far in advance
Notification.
Deadline.
22 USC 269a
note.
Sierra Leone.
Deadline.
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118 STAT. 2899
PUBLIC LAW 108–447—DEC. 8, 2004
as is practicable) of any United Nations action to increase funding
for any United Nations program without identifying an offsetting
decrease elsewhere in the United Nations budget and cause the
United Nations to exceed the adopted budget for the biennium
2004–2005 of $3,160,860,000: Provided further, That any payment
of arrearages under this title shall be directed toward special activi-
ties that are mutually agreed upon by the United States and
the respective international organization: Provided further, That
none of the funds appropriated in this paragraph shall be available
for a United States contribution to an international organization
for the United States share of interest costs made known to the
United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings, except
that such restriction shall not apply to loans to the United Nations
for renovation of its headquarters.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $490,000,000:
Provided, That none of the funds made available under this Act
shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is
practicable): (1) the Committees on Appropriations of the House
of Representatives and the Senate and other appropriate committees
of the Congress are notified of the estimated cost and length of
the mission, the vital national interest that will be served, and
the planned exit strategy; and (2) a reprogramming of funds pursu-
ant to section 605 of this Act is submitted, and the procedures
therein followed, setting forth the source of funds that will be
used to pay for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping expenses
only upon a certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and sup-
pliers are being given opportunities to provide equipment, services,
and material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers: Provided
further, That none of the funds made available under this heading
are available to pay the United States share of the cost of court
monitoring that is part of any United Nations peacekeeping mission.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as fol-
lows:
22 USC 269a
note.
Deadline.
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PUBLIC LAW 108–447—DEC. 8, 2004
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$27,244,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $5,310,000, to remain available until expended, as author-
ized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the Inter-
national Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized
by Public Law 103–182, $9,594,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the Inter-
national Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $21,982,000: Pro-
vided, That the United States’ share of such expenses may be
advanced to the respective commissions pursuant to 31 U.S.C. 3324.
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $13,000,000, to remain avail-
able until expended, as authorized.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE
For a grant to the Center for Middle Eastern-Western Dialogue
Trust Fund, $6,750,000, for operation of the Center for Middle
Eastern-Western Dialogue in Istanbul, Turkey, to remain available
until expended.
In addition, for the operations of the Steering Committee of
the Center for Middle Eastern-Western Dialogue, $250,000, to
remain available until expended.
In addition, for necessary expenses of the Center for Middle
Eastern-Western Dialogue Trust Fund, the total amount of the
interest and earnings accruing to such Fund before October 1,
2005, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 2005, to remain
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118 STAT. 2901
PUBLIC LAW 108–447—DEC. 8, 2004
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Non-
profit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program
as authorized by section 214 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest
and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 2005, to remain available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $19,500,000: Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter
into any contract providing for the payment thereof, in excess
of the rate authorized by 5 U.S.C. 5376.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endow-
ment for Democracy Act, $60,000,000 to remain available until
expended.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, including the purchase, installation, rent, and improve-
ment of facilities for radio and television transmission and reception
to Cuba, and to make and supervise grants for radio and television
broadcasting to the Middle East, $591,000,000, of which $27,629,000
is for Broadcasting to Cuba: Provided, That of the total amount
in this heading, not to exceed $16,000 may be used for official
receptions within the United States as authorized, not to exceed
$35,000 may be used for representation abroad as authorized, and
not to exceed $39,000 may be used for official reception and rep-
resentation expenses of Radio Free Europe/Radio Liberty; and in
addition, notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from business
ventures, not to exceed $500,000 in receipts from cooperating inter-
national organizations, and not to exceed $1,000,000 in receipts
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118 STAT. 2902
PUBLIC LAW 108–447—DEC. 8, 2004
from privatization efforts of the Voice of America and the Inter-
national Broadcasting Bureau, to remain available until expended
for carrying out authorized purposes.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of facili-
ties for radio transmission and reception, and purchase and installa-
tion of necessary equipment for radio and television transmission
and reception as authorized, $8,560,000, to remain available until
expended, as authorized.
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED
AGENCY
SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for
services as authorized by 5 U.S.C. 3109; and for hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board
of Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broad-
casting Corporation.
SEC. 404. (a) The Senior Policy Operating Group on Trafficking
in Persons, established under section 406 of division B of Public
Law 108–7 to coordinate agency activities regarding policies
(including grants and grant policies) involving the international
trafficking in persons, shall coordinate all such policies related
to the activities of traffickers and victims of severe forms of traf-
ficking.
(b) None of the funds provided in this or any other Act shall
be expended to perform functions that duplicate coordinating
responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 406 of division
B of Public Law 108–7.
SEC. 405. (a) Subsection (b) of section 36 of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended—
(1) in paragraph (5) by striking ‘‘or’’ at the end;
(2) in paragraph (6) by striking the period and inserting
‘‘; or’’; and
Reports.
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118 STAT. 2903
PUBLIC LAW 108–447—DEC. 8, 2004
(3) by adding at the end the following new paragraph:
‘‘(7) the disruption of financial mechanisms of a foreign
terrorist organization, including the use by the organization
of illicit narcotics production or international narcotics
trafficking—
‘‘(A) to finance acts of international terrorism; or
‘‘(B) to sustain or support any terrorist organization.’’.
(b) Subsection (e)(1) of such section is amended—
(1) by striking ‘‘$5,000,000’’ and inserting ‘‘$25,000,000’’;
(2) by striking the second period at the end; and
(3) by adding at the end the following new sentence: ‘‘With-
out first making such determination, the Secretary may
authorize a reward of up to twice the amount specified in
this paragraph for the capture or information leading to the
capture of a leader of a foreign terrorist organization.’’.
(c) Subsection (e) of such section is amended by adding at
the end the following new paragraph:
‘‘(6) FORMS OF REWARD PAYMENT.—The Secretary may make
a reward under this section in the form of money, a nonmone-
tary item (including such items as automotive vehicles), or
a combination thereof.’’.
(d) Such section is amended—
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following new sub-
section:
‘‘(i) MEDIA SURVEYS AND ADVERTISEMENTS.—
‘‘(1) SURVEYS CONDUCTED.—For the purpose of more effec-
tively disseminating information about the rewards program,
the Secretary may use the resources of the rewards program
to conduct media surveys, including analyses of media markets,
means of communication, and levels of literacy, in countries
determined by the Secretary to be associated with acts of inter-
national terrorism.
‘‘(2) CREATION AND PURCHASE OF ADVERTISEMENTS.—The
Secretary may use the resources of the rewards program to
create advertisements to disseminate information about the
rewards program. The Secretary may base the content of such
advertisements on the findings of the surveys conducted under
paragraph (1). The Secretary may purchase radio or television
time, newspaper space, or make use of any other means of
advertisement, as appropriate.’’.
(e) Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the Committees
on Appropriations of the House of Representatives and of the
Senate, the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the
Senate a plan to maximize awareness of the reward available
under section 36 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708 et seq.) for the capture or information
leading to the capture of a leader of a foreign terrorist organization
who may be in Pakistan or Afghanistan. The Secretary may use
the resources of the rewards program to prepare the plan.
SEC. 406. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
Deadline.
Plan.
Terrorism.
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118 STAT. 2904
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SEC. 407. The Secretary of State shall provide to a member
of the Committee on Appropriations of the Senate or the Committee
on Appropriations of the House of Representatives a copy of each
cable sent to or by a Department of State employee that pertains
to any topic specified by the requesting member, regardless of
the level of classification of the cable, not later than 15 days
after the date on which the member makes a written or verbal
request for such copies.
SEC. 408. There is established within the Department of State
the Office of the Coordinator for Reconstruction and Stabilization:
Provided, That the head of the Office shall be the Coordinator
for Reconstruction and Stabilization, who shall report directly to
the Secretary of State: Provided further, That the functions of
the Office of the Coordinator for Reconstruction and Stabilization
shall include—
(1) cataloguing and monitoring the non-military resources
and capabilities of Executive agencies (as that term is defined
in section 105 of title 5, United States Code), State and local
governments, and entities in the private and non-profit sectors
that are available to address crises in countries or regions
that are in, or are in transition from, conflict or civil strife;
(2) monitoring political and economic instability worldwide
to anticipate the need for mobilizing United States and inter-
national assistance for countries or regions described in para-
graph (1);
(3) assessing crises in countries or regions described in
paragraph (1) and determining the appropriate non-military
United States, including but not limited to demobilization,
policing, human rights monitoring, and public information
efforts;
(4) planning for response efforts under paragraph (3);
(5) coordinating with relevant Executive agencies the
development of interagency contingency plans for such response
efforts; and
(6) coordinating the training of civilian personnel to per-
form stabilization and reconstruction activities in response to
crises in such countries or regions described in paragraph (1).
SEC. 409. (a) The Secretary of State shall require each chief
of mission to review, not less than once every 5 years, every staff
element under chief of mission authority, including staff from other
departments or agencies of the United States, and recommend
approval or disapproval of each staff element. Each such review
shall be conducted pursuant to a process established by the Presi-
dent for determining appropriate staffing at diplomatic missions
and overseas constituent posts (commonly referred to as the
‘‘NSDD–38 process’’).
(b) The Secretary of State, as part of the process established
by the President referred to in subsection (a), shall take actions
to carry out the recommendations made in each such review.
(c) Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Secretary of State shall submit
a report on such reviews that occurred during the previous 12
months, together with the Secretary’s recommendations regarding
such reviews to the appropriate committees of Congress, the heads
of all affected departments or agencies, and the Inspector General
of the Department of State.
Deadline.
Reports.
22 USC 3927a.
Establishment.
22 USC 2651a
note.
Deadline.
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118 STAT. 2905
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 410. Funds appropriated by this Act for the Broadcasting
Board of Governors and the Department of State may be obligated
and expended notwithstanding section 15 of the State Department
Basic Authorities Act of 1956, section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–
236), and section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1)).
SEC. 411. During fiscal year 2005, section 404(b)(2)(B) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103–236; 22 U.S.C. 287e note), shall be administered
as though the matter following clause (iii) reads as follows:
‘‘(v) For assessments made during calendar year
2005, 27.1 percent.’’.
SEC. 412. (a) Section 402(a) of the Foreign Service Act of 1980
(22 U.S.C. 3962(a)) is amended—
(1) in paragraph (1), by striking the second and third
sentences and inserting the following new sentences: ‘‘The
President shall also prescribe ranges of basic salary rates for
each class. Except as provided in paragraph (3), basic salary
rates for the Senior Foreign Service may not exceed the max-
imum rate or be less than the minimum rate of basic pay
payable for the Senior Executive Service under section 5382
of title 5, United States Code.’’; and
(2) by striking paragraph (2) and inserting the following
new paragraphs:
‘‘(2) The Secretary shall determine which basic salary rate
within the ranges prescribed by the President under paragraph
(1) shall be paid to each member of the Senior Foreign Service
based on individual performance, contribution to the mission of
the Department, or both, as determined under a rigorous perform-
ance management system. Except as provided in regulations pre-
scribed by the Secretary and, to the extent possible, consistent
with regulations governing the Senior Executive Service, the Sec-
retary may adjust the basic salary rate of a member of the Senior
Foreign Service not more than once during any 12-month period.
‘‘(3) Upon a determination by the Secretary that the Senior
Foreign Service performance appraisal system, as designed and
applied, 
makes 
meaningful 
distinctions 
based 
on 
relative
performance—
‘‘(A) the maximum rate of basic pay payable for the Senior
Foreign Service shall be level II of the Executive Schedule;
and
‘‘(B) the applicable aggregate pay cap shall be equivalent
to the aggregate pay cap set forth in section 5307(d)(1) of
title 5, United States Code, for members of the Senior Executive
Service.’’.
(b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is
amended by inserting before the period the following: ‘‘, or the
limitation under section 402(a)(3), whichever is higher’’.
(c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is amended
by striking ‘‘shall not exceed the annual rate of pay payable for
level I of such Executive Schedule’’ and inserting ‘‘shall be subject
to the limitation on certain payments under section 5307 of title
5, United States Code, or the limitation under section 402(a)(3),
whichever is higher’’.
Wages.
Government
employees.
President.
22 USC 287e
note.
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118 STAT. 2906
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 413. (a) Section 2 of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2669) is amended by adding at the
end the following:
‘‘(o) make administrative corrections or adjustments to an
employee’s pay, allowances, or differentials, resulting from mistakes
or retroactive personnel actions, as well as provide back pay and
other categories of payments under section 5596 of title 5, United
States Code, as part of the settlement or compromise of administra-
tive claims or grievances filed against the Department.’’.
(b) Such section is further amended—
(1) in subsection (k), by striking ‘‘and’’;
(2) by transferring subsection (m) within such section to
appear after subsection (l);
(3) in subsections (l) and (m), by striking the period at
the end of each subsection and inserting a semicolon; and
(4) in subsection (n), by striking the period at the end
and inserting a semicolon and ‘‘and’’.
This title may be cited as the ‘‘Department of State and Related
Agency Appropriations Act, 2005’’.
TITLE V—RELATED AGENCIES
ANTITRUST MODERNIZATION COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Antitrust Modernization Commis-
sion, as authorized by Public Law 107–273, $1,187,000, to remain
available until expended.
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE
ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of Amer-
ica’s Heritage Abroad, $499,000, as authorized by section 1303
of Public Law 99–83.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000: Provided,
That not to exceed $50,000 may be used to employ consultants:
Provided further, That none of the funds appropriated in this para-
graph shall be used to employ in excess of four full-time individuals
under Schedule C of the Excepted Service exclusive of one special
assistant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the exception
of the chairperson, who is permitted 125 billable days.
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118 STAT. 2907
PUBLIC LAW 108–447—DEC. 8, 2004
COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–
292), $3,000,000, to remain available until expended: Provided,
That in fiscal year 2005, the Commission may procure temporary
services for the purpose of conducting a study on conditions of
the right to freedom of religion or belief in North Korea, notwith-
standing section 208(c)(1) of Public Law 105–292 (22 U.S.C.
6435a(c)(1)).
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$1,831,000, to remain available until expended as authorized by
section 3 of Public Law 99–7.
CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S
REPUBLIC OF CHINA
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commis-
sion on the People’s Republic of China, as authorized, $1,900,000,
including not more than $3,000 for the purpose of official represen-
tation, to remain available until expended: Provided, That $100,000
shall be for the Political Prisoner Database.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964 (29 U.S.C. 206(d) and 621–634), the Americans with Disabil-
ities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards
to private citizens; and not to exceed $33,000,000 for payments
to State and local enforcement agencies for services to the Commis-
sion pursuant to title VII of the Civil Rights Act of 1964, sections
6 and 14 of the Age Discrimination in Employment Act, the Ameri-
cans with Disabilities Act of 1990, and the Civil Rights Act of
1991, $331,228,000: Provided, That the Commission is authorized
to make available for official reception and representation expenses
not to exceed $2,500 from available funds: Provided further, That
the Commission may take no action to implement any workforce
repositioning, restructuring, or reorganization until such time as
the Committees on Appropriations have been notified of such pro-
posals, in accordance with the reprogramming provisions of section
605 of this Act: Provided further, That the Commission shall not
have fewer field position in fiscal year 2005 than in fiscal year
2004.
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118 STAT. 2908
PUBLIC LAW 108–447—DEC. 8, 2004
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$600,000 for land and structure; not to exceed $500,000 for improve-
ment and care of grounds and repair to buildings; not to exceed
$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $281,098,000: Provided, That
$280,098,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced as
such offsetting collections are received during fiscal year 2005 so
as to result in a final fiscal year 2005 appropriation estimated
at $1,000,000: Provided further, That any offsetting collections
received in excess of $280,098,000 in fiscal year 2005 shall remain
available until expended, but shall not be available for obligation
until October 1, 2005: Provided further, That notwithstanding 47
U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $85,000,000 for fiscal year 2005.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $205,430,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law, not to
exceed $101,000,000 of offsetting collections derived from fees col-
lected for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection, shall be retained and used for necessary
expenses in this appropriation: Provided further, That $21,901,000
in offsetting collections derived from fees sufficient to implement
and enforce the Telemarketing Sales Rule, promulgated under the
Telephone Consumer Fraud and Abuse Prevention Act (15 U.S.C.
6101 et seq.), shall be credited to this account, and be retained
and used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as such offsetting collections are received during
fiscal year 2005, so as to result in a final fiscal year 2005 appropria-
tion from the general fund estimated at not more than $82,529,000:
Provided further, That none of the funds made available to the
Federal Trade Commission may be used to enforce subsection (e)
of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
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118 STAT. 2909
PUBLIC LAW 108–447—DEC. 8, 2004
1831t) or section 151(b)(2) of the Federal Deposit Insurance Cor-
poration Improvement Act of 1991 (12 U.S.C. 1831t note).
HELP COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the HELP Commission, $1,000,000,
to remain available until expended.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$335,282,000, of which $316,604,000 is for basic field programs
and required independent audits; $2,573,000 is for the Office of
Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $13,000,000
is for management and administration; $1,272,000 is for client
self-help and information technology; and $1,833,000 is for grants
to offset losses due to census adjustments: Provided, That not
to exceed $1,000,000 from amounts previously appropriated under
this heading may be used for a student loan repayment pilot pro-
gram.
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2004 and 2005,
respectively, and except that section 501(a)(1) of Public Law 104–
134 (110 Stat. 1321–51 et seq.) shall not apply to the use of
the $1,833,000 to address loss of funding due to Census-based
reallocations.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of Public Law 92–522, $1,890,000.
NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of the
Small Business Act, $2,000,000, to remain available until expended.
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118 STAT. 2910
PUBLIC LAW 108–447—DEC. 8, 2004
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,000 for official
reception and representation expenses, $913,000,000, to remain
available until expended; of which not to exceed $10,000 may be
used toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to exceed
$100,000 shall be available for expenses for consultations and
meetings hosted by the Commission with foreign governmental
and other regulatory officials, members of their delegations, appro-
priate representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the development
of foreign securities markets, such expenses to include necessary
logistic and administrative expenses and the expenses of Commis-
sion staff and foreign invitees in attendance at such consultations
and meetings including: (1) such incidental expenses as meals taken
in the course of such attendance; (2) any travel and transportation
to or from such meetings; and (3) any other related lodging or
subsistence: Provided, That fees and charges authorized by sections
6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)),
and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this
account as offsetting collections: Provided further, That not to exceed
$856,000,000 of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided further,
That $57,000,000 shall be derived from prior year unobligated bal-
ances from funds previously appropriated to the Securities and
Exchange Commission: Provided further, That the total amount
appropriated under this heading from the general fund for fiscal
year 2005 shall be reduced as such offsetting fees are received
so as to result in a final total fiscal year 2005 appropriation from
the general fund estimated at not more than $0.
Not later than May 1, 2005, the Securities and Exchange
Commission shall submit a report to the Committee on Appropria-
tions of the Senate that provides a justification for final rules
issued by the Commission on June 30, 2004 (amending title 17,
Code of Federal Regulations, Parts 239, 240, and 274), requiring
that the chair of the board of directors of a mutual fund be an
independent director: Provided, That such report shall analyze
whether mutual funds chaired by disinterested directors perform
better, have lower expenses, or have better compliance records
than mutual funds chaired by interested directors: Provided further,
That the Securities and Exchange Commission shall act upon the
recommendations of such report not later than January 1, 2006.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 106–554,
Deadline.
Deadlines.
Reports.
Investments.
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118 STAT. 2911
PUBLIC LAW 108–447—DEC. 8, 2004
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $322,335,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan servicing activities: Provided further, That, notwith-
standing 31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to be available for carrying out
these purposes without further appropriations: Provided further,
That $89,000,000 shall be available to fund grants for performance
in fiscal year 2005 or fiscal year 2006 as authorized: Provided
further, That the Small Business Administration is authorized to
award grants under the Women’s Business Center Sustainability
Pilot Program established by section 4(a) of Public Law 106–165
(15 U.S.C. 656(l)): Provided further, That, of the amounts provided
for Women’s Business Centers, not less than 48 percent shall be
available to continue Women’s Business Centers in sustainability
status.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,014,000.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment Act,
as amended, $2,900,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $1,455,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That subject
to section 502 of the Congressional Budget Act of 1974, during
fiscal year 2005 commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958, shall not exceed
$5,000,000,000: Provided further, That subsection 503(f) of the
Small Business Investment Act of 1958 (15 U.S.C. 697(f)), as
amended by section 2 of Public Law 108–217, is further amended
by striking ‘‘October 1, 2004’’ and inserting ‘‘October 1, 2005’’:
Provided further, That during fiscal year 2005 commitments for
general business loans authorized under section 7(a) of the Small
Business Act, shall not exceed $16,000,000,000: Provided further,
That during fiscal year 2005 commitments to guarantee loans for
debentures and participating securities under section 303(b) of the
Small Business Investment Act of 1958, shall not exceed the levels
established by section 20(i)(1)(C) of the Small Business Act: Pro-
vided further, That during fiscal year 2005 guarantees of trust
certificates authorized by section 5(g) of the Small Business Act
shall not exceed a principal amount of $10,000,000,000.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $126,653,000, which may be trans-
ferred to and merged with the appropriations for Salaries and
Expenses.
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118 STAT. 2912
PUBLIC LAW 108–447—DEC. 8, 2004
DISASTER LOANS PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan pro-
gram authorized by section 7(b), of the Small Business Act,
$113,159,000, which may be transferred to and merged with appro-
priations for Salaries and Expenses, of which $500,000 is for the
Office of Inspector General of the Small Business Administration
for audits and reviews of disaster loans and the disaster loan
program and shall be transferred to and merged with appropriations
for the Office of Inspector General; of which $104,409,000 is for
direct administrative expenses of loan making and servicing to
carry out the direct loan program, to remain available until
expended; and of which $8,250,000 is for indirect administrative
expenses: Provided, That any amount in excess of $8,250,000 to
be transferred to and merged with appropriations for Salaries and
Expenses for indirect administrative expenses shall be treated as
a reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business Administration
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this paragraph shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized by the State Justice Institute Authorization Act of 1992 (Public
Law 102–572), $2,613,000: Provided, That not to exceed $2,500
shall be available for official reception and representation expenses.
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, $3,000,000, including not more
than $5,000 for the purpose of official representation, to remain
available until expended.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace
as authorized in the United States Institute of Peace Act,
$23,000,000: Provided, That $1,500,000 is for necessary expenses
for the Task Force on the United Nations: Provided further, That
Reports.
Deadline.
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118 STAT. 2913
PUBLIC LAW 108–447—DEC. 8, 2004
the Task Force on the United Nations shall submit a report on
its findings to the Committees on Appropriations of the House
of Representatives and Senate not later than 180 days after the
date of the enactment of this Act.
UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of the
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law
108–199; 118 Stat. 448), $100,000, to remain available until
expended.
TITLE VI—GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
SEC. 601. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2005, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes or renames offices; (6) reorga-
nizes programs or activities; or (7) contracts out or privatizes any
functions or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress
are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2005, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
Notification.
Notification.
Contracts.
Public
information.
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118 STAT. 2914
PUBLIC LAW 108–447—DEC. 8, 2004
expenditure for activities, programs, or projects through a re-
programming of funds in excess of $750,000 or 10 percent, which-
ever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing pro-
gram, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings,
including savings from a reduction in personnel, which would result
in a change in existing programs, activities, or projects as approved
by Congress; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such reprogramming
of funds.
SEC. 606. Hereafter, none of the funds made available in this
Act may be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels for the
National Oceanic and Atmospheric Administration in shipyards
located outside of the United States.
SEC. 607. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harass-
ment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that
such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
SEC. 608. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made avail-
able in this Act, pursuant to the debarment, suspension, and ineligi-
bility procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
SEC. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or expend
such funds that: (1) the United Nations undertaking is a peace-
keeping mission; (2) such undertaking will involve United States
Armed Forces under the command or operational control of a foreign
national; and (3) the President’s military advisors have not sub-
mitted to the President a recommendation that such involvement
is in the national security interests of the United States and the
President has not submitted to the Congress such a recommenda-
tion.
SEC. 610. The Departments of Commerce, Justice, and State,
the Judiciary, the Federal Communications Commission, the Securi-
ties and Exchange Commission and the Small Business Administra-
tion shall provide to the Committees on Appropriations of the
Senate and of the House of Representatives a quarterly accounting
of the cumulative balances of any unobligated funds that were
received by such agency during any previous fiscal year.
SEC. 611. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
Records.
Religious
harassment.
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118 STAT. 2915
PUBLIC LAW 108–447—DEC. 8, 2004
(b) The requirements in subparagraphs (A) and (B) of section
609 of that Act shall continue to apply during fiscal year 2005.
SEC. 612. Any costs incurred by a department or agency funded
under this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 613. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco prod-
ucts, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 614. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section 616
of that Act shall continue to apply during fiscal year 2005.
SEC. 615. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for—
(1) the implementation of any tax or fee in connection
with the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be prohib-
ited from possessing or receiving a firearm no more than 24
hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective trans-
feree would not violate subsection (g) or (n) of section 922
of title 18, United States Code, or State law.
SEC. 616. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C.
10601 in any fiscal year in excess of $625,000,000 shall not be
available for obligation until the following fiscal year.
SEC. 617. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 618. None of the funds appropriated or otherwise made
available to the Department of State shall be available for the
purpose of granting either immigrant or nonimmigrant visas, or
both, consistent with the determination of the Secretary of State
under section 243(d) of the Immigration and Nationality Act, to
citizens, subjects, nationals, or residents of countries that the Sec-
retary of Homeland Security has determined deny or unreasonably
Non-
discrimination.
42 USC 10601
note.
Firearms.
Applicability.
Applicability.
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118 STAT. 2916
PUBLIC LAW 108–447—DEC. 8, 2004
delay accepting the return of citizens, subjects, nationals, or resi-
dents under that section.
SEC. 619. (a) For additional amounts under the heading ‘‘Small
Business Administration, Salaries and Expenses’’, $500,000 shall
be available for the Adelante Development Center, Inc.; $150,000
shall be available for the Advanced Polymer Processing Institute;
$150,000 shall be available for the Alaska Procurement Technical
Assistance Center; $250,000 shall be available for Business and
Professional Women of Alaska; $75,000 shall be available for the
Center for Applied Research and Economic Development at the
University of Southern Indiana; $300,000 shall be available for
the Center for Emerging Technologies; $225,000 shall be available
for the Center for Entrepreneurship and Technology at the Nevada
Commission for Economic Development; $100,000 shall be available
for the Central Connecticut State University Institute of Technology
and Business Development; $600,000 shall be available for the
Des Moines Higher Education Pappajohn Center; $150,000 shall
be available for the East Central Indiana Business Incubator at
Ball State University; $100,000 shall be available for the Entrepre-
neurial Venture Assistance Demonstration Project at the Iowa
Department of Economic Development; $75,000 shall be available
for the Idaho Virtual Incubator at Lewis-Clark State College for
an E-Commerce Certification program; $600,000 shall be available
for the Industrial Outreach Service at Mississippi State University;
$2,000,000 shall be available for the Innovation and Commercializa-
tion Center at the University of Southern Mississippi; $100,000
shall be available for the Kennebec Valley Council of Governments’
Business Development Program; $100,000 shall be available for
the Knoxville College Small Business Incubator Program; $250,000
shall be available for the Louisiana State University Law School’s
Latin American Commercial Law Program; $250,000 shall be avail-
able for the Minority Business Development Center at Alcorn State
University; $600,000 shall be available for the Mississippi Tech-
nology Alliance; $200,000 shall be available for the Montana Depart-
ment of Commerce for a State government information sharing
initiative; $125,000 shall be available for the Myrtle Beach Inter-
national Trade and Convention Center; $250,000 shall be available
for the Nanotechnology Research Program at the Oregon Health
and Science University; $550,000 shall be available for the New
Product Development and Commercialization Center for Rural
Manufacturers; $125,000 shall be available for the New Hampshire
Women’s Business Center; $500,000 shall be available for Operation
Safe Commerce; $200,000 shall be available for the Southern
University Foundation’s Martin Luther King Initiative; $75,000
shall be available for Technology 2020; $1,000,000 shall be available
for the Technology Venture Center/InvestNet Partnership for Alaska
and Montana; $500,000 shall be available for the Textile Marking
System; $300,000 shall be available for the Towson University
International Business Incubator; $1,000,000 shall be available for
the Tuck School of Business/MBDA Partnership; $325,000 shall
be available for the University of Colorado Nanotechnology and
Characterization Facility; $8,000,000 shall be available for the
University of South Carolina Thomas Cooper Library; $100,000
shall be available for the Virginia Electronic Commerce Technology
Center at Christopher Newport University; $125,000 shall be avail-
able for the Women’s Business Development Center in Stamford,
Connecticut; and $100,000 shall be available for the World Trade
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118 STAT. 2917
PUBLIC LAW 108–447—DEC. 8, 2004
Center of Greater Philadelphia; $50,000 shall be available for a
grant to the Center for Excellence in Education; $100,000 shall
be available for a grant to The Cedar Creek Battlefield Foundation;
$100,000 shall be available for a grant to Belle Grove Plantation;
$150,000 shall be available for a grant to the City of Manassas
Park for economic development; $100,000 shall be available for
a grant to the Shenandoah Valley Travel Association; $1,200,000
shall be available for a grant to Shenandoah University to develop
a facility for a business program; $115,000 shall be available for
a grant to Economic Alliance Houston Port Region; $20,000 shall
be available for a grant to the Town of South Boston, Virginia,
for small business development; $100,000 shall be available for
a grant to Patrick Henry Community College for a workforce
training program; $100,000 shall be available for a grant for
Danville Community College for a workforce training program;
$1,000,000 shall be available for a grant to the University of Illinois
for the Information Trust Institute initiative; $500,000 shall be
available for a grant to Wittenberg University for a technology
initiative; $500,000 shall be available for a grant to the Dayton
Development Coalition; $250,000 shall be available for a grant
for REI Rural Business Resources Center in Seminole, Oklahoma;
$50,000 shall be available for a grant to Experience Works to
expand opportunities for older workers; $50,000 shall be available
for a grant to Project Listo for workforce development and procure-
ment opportunities; $100,000 shall be available for a grant to North
Iowa Area Community College for a small business incubator;
$450,000 shall be available for a grant to California State Univer-
sity, in San Bernardino, California, for development of the Center
for the Commercialization of Advanced Technology; $50,000 shall
be available for a grant to Rowan University for a workforce training
program; $200,000 shall be available for a grant to the Freeport
Downtown Development Foundation for a small business economic
development initiative; $1,500,000 shall be available for a grant
to the Rockford Area Convention and Visitors Bureau for a manufac-
turing program; $200,000 shall be available for a grant to Jefferson
County Development Council; $200,000 shall be available for a
grant to Clearfield County Economic Development Corporation;
$500,000 shall be available for a grant to the Columbus College
of Art and Design for facilities development to build partnerships
with businesses; $115,000 shall be available for a grant to Ohio
Business Connection; $1,000,000 shall be available for a grant
to the Southern and Eastern Kentucky Tourism Development
Association; $500,000 shall be available for a grant to the Bridgeport
Regional Business Council for an economic integration initiative;
$100,000 shall be available for a grant to Cedarbridge Development
Corporation for a redevelopment initiative; $900,000 shall be avail-
able for a grant to Western Carolina University for a computer
engineering program; $100,000 shall be available for a grant to
Asheville-Buncombe Technical Community College for an economic
development initiative; $100,000 shall be available for a grant to
Jubilee Homes for the Southwest Economic Business Resource
Center; $400,000 shall be available for a grant for the Connect
the Valley initiative; $400,000 shall be available for a grant to
the University of Tennessee Corridor Initiative; $500,000 shall be
available for a grant to the Illinois Institute for Technology to
examine and assess advancements in biotechnologies; $250,000 shall
be available for a grant to the City of Largo, Florida, for business
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118 STAT. 2918
PUBLIC LAW 108–447—DEC. 8, 2004
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;’’,
Ante, p. 96.
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118 STAT. 2919
PUBLIC LAW 108–447—DEC. 8, 2004
(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
Reports.
Deadline.
Certification.
5 USC 6120 note.
Alaska.
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PUBLIC LAW 108–447—DEC. 8, 2004
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,
22 USC 4865
note.
Deadline.
Reports.
United Nations.
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118 STAT. 2921
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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.
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‘‘(B) CONTROLLED SUBSTANCE AND CHEMICAL DIVERSION
CONTROL ACTIVITIES.—The term ‘controlled substance and
chemical diversion control activities’ means those activities
related to the registration and control of the manufacture,
distribution, dispensing, importation, and exportation of
controlled substances and listed chemicals.’’.
(b) Section 301 of the Controlled Substances Act (21 U.S.C.
821) is amended by striking ‘‘the registration and control of regu-
lated’’ and all that follows through the period, and inserting ‘‘listed
chemicals.’’.
(c) Section 1088(f) of the Controlled Substances Import and
Export Act (21 U.S.C. 958(f)) is amended—
(1) by inserting ‘‘and control’’ after ‘‘the registration’’; and
(2) by striking ‘‘list I chemicals under this section.’’ and
inserting ‘‘listed chemicals.’’.
SEC. 634. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004 recommenda-
tions of the Federal-State Joint Board on Universal Service
regarding single connection or primary line restrictions on universal
service support payments.
SEC. 635. The unobligated balance of the amount appropriated
by title V of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2002
(Public Law 107–77; 115 Stat. 798) for necessary expenses of the
United States-Canada Alaska Rail Commission shall be transferred
as a direct lump-sum payment to the University of Alaska.
SEC. 636. Section 33(a) of the Small Business Act (15 U.S.C.
657c(a)) is amended by adding at the end the following: ‘‘Notwith-
standing any other provision of law, the Corporation is a private
entity and is not an agency, instrumentality, authority, entity,
or establishment of the United States Government.’’.
SEC. 637. Of the amounts made available in this Act,
$160,186,300 from ‘‘Department of State’’; $14,449,118 from
‘‘Department of Justice’’; $3,095,206 from ‘‘Department of Com-
merce’’; $213,154 from ‘‘United States Trade Representative’’; and
$302,985 from ‘‘Broadcasting Board of Governors’’ shall be available
for the purposes of implementing the Capital Security Cost Sharing
program, as provided in section 629 of the Act.
SEC. 638. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Federal Communications Commission may sell the monitoring facili-
ties in Honolulu, Hawaii, and Livermore, California, including all
real property: Provided, That any sale shall be made in accordance
with section 605 of this Act.
SEC. 639. None of the funds made available in this Act may
be used in contravention of the provisions of subsections (e) and
(f) of section 301 of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–
25; 22 U.S.C. 7631(e) and (f)).
SEC. 640. (a) There is hereby rescinded an amount equal to
0.54 percent of the budget authority provided for in fiscal year
2005 for any discretionary account in this Act.
(b) Any rescission made by subsection (a) shall be applied
proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
Applicability.
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118 STAT. 2923
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(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).
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$60,000,000 are rescinded.
LEGAL ACTIVITIES
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$61,800,000 are rescinded.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
(RESCISSION)
Of the unobligated balances available under this heading,
$1,619,000 are rescinded.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(RESCISSION)
Of the unobligated balances available under this heading,
$29,380,000 are rescinded.
COMMUNITY ORIENTED POLICING SERVICES
(RESCISSION)
Of the unobligated balances available under this heading,
$99,000,000 are rescinded.
JUVENILE JUSTICE
(RESCISSION)
Of the unobligated balances available under this heading,
$3,500,000 are rescinded.
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DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this heading for
the Advanced Technology Program, $3,900,000 are rescinded.
RELATED AGENCIES
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$12,000,000 are rescinded.
TITLE VIII—PATENT AND TRADEMARK FEES
SEC. 801. FEES FOR PATENT SERVICES.
(a) GENERAL PATENT FEES.—During fiscal years 2005 and 2006,
subsection (a) of section 41 of title 35, United States Code, shall
be administered as though that subsection reads as follows:
‘‘(a) GENERAL FEES.—The Director shall charge the following
fees:
‘‘(1) FILING AND BASIC NATIONAL FEES.—
‘‘(A) On filing each application for an original patent,
except for design, plant, or provisional applications, $300.
‘‘(B) On filing each application for an original design
patent, $200.
‘‘(C) On filing each application for an original plant
patent, $200.
‘‘(D) On filing each provisional application for an
original patent, $200.
‘‘(E) On filing each application for the reissue of a
patent, $300.
‘‘(F) The basic national fee for each international
application filed under the treaty defined in section 351(a)
of this title entering the national stage under section 371
of this title, $300.
‘‘(G) In addition, excluding any sequence listing or
computer program listing filed in an electronic medium
as prescribed by the Director, for any application the speci-
fication and drawings of which exceed 100 sheets of paper
(or equivalent as prescribed by the Director if filed in
an electronic medium), $250 for each additional 50 sheets
of paper (or equivalent as prescribed by the Director if
filed in an electronic medium) or fraction thereof.
‘‘(2) EXCESS CLAIMS FEES.—In addition to the fee specified
in paragraph (1)—
‘‘(A) on filing or on presentation at any other time,
$200 for each claim in independent form in excess of 3;
35 USC 41 note.
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118 STAT. 2925
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‘‘(B) on filing or on presentation at any other time,
$50 for each claim (whether dependent or independent)
in excess of 20; and
‘‘(C) for each application containing a multiple
dependent claim, $360.
For the purpose of computing fees under this paragraph, a
multiple dependent claim referred to in section 112 of this
title or any claim depending therefrom shall be considered
as separate dependent claims in accordance with the number
of claims to which reference is made. The Director may by
regulation provide for a refund of any part of the fee specified
in this paragraph for any claim that is canceled before an
examination on the merits, as prescribed by the Director, has
been made of the application under section 131 of this title.
Errors in payment of the additional fees under this paragraph
may be rectified in accordance with regulations prescribed by
the Director.
‘‘(3) EXAMINATION FEES.—
‘‘(A) For examination of each application for an original
patent, except for design, plant, provisional, or inter-
national applications, $200.
‘‘(B) For examination of each application for an original
design patent, $130.
‘‘(C) For examination of each application for an original
plant patent, $160.
‘‘(D) For examination of the national stage of each
international application, $200.
‘‘(E) For examination of each application for the reissue
of a patent, $600.
The provisions of section 111(a) of this title relating to
the payment of the fee for filing the application shall apply
to the payment of the fee specified in this paragraph with
respect to an application filed under section 111(a) of this
title. The provisions of section 371(d) of this title relating to
the payment of the national fee shall apply to the payment
of the fee specified in this paragraph with respect to an inter-
national application.
‘‘(4) ISSUE FEES.—
‘‘(A) For issuing each original patent, except for design
or plant patents, $1,400.
‘‘(B) For issuing each original design patent, $800.
‘‘(C) For issuing each original plant patent, $1,100.
‘‘(D) For issuing each reissue patent, $1,400.
‘‘(5) DISCLAIMER FEE.—On filing each disclaimer, $130.
‘‘(6) APPEAL FEES.—
‘‘(A) On filing an appeal from the examiner to the
Board of Patent Appeals and Interferences, $500.
‘‘(B) In addition, on filing a brief in support of the
appeal, $500, and on requesting an oral hearing in the
appeal before the Board of Patent Appeals and Inter-
ferences, $1,000.
‘‘(7) REVIVAL FEES.—On filing each petition for the revival
of an unintentionally abandoned application for a patent, for
the unintentionally delayed payment of the fee for issuing
each patent, or for an unintentionally delayed response by
the patent owner in any reexamination proceeding, $1,500,
Applicability.
Applicability.
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118 STAT. 2926
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unless the petition is filed under section 133 or 151 of this
title, in which case the fee shall be $500.
‘‘(8) EXTENSION FEES.—For petitions for 1-month extensions
of time to take actions required by the Director in an
application—
‘‘(A) on filing a first petition, $120;
‘‘(B) on filing a second petition, $330; and
‘‘(C) on filing a third or subsequent petition, $570.’’.
(b) PATENT MAINTENANCE FEES.—During fiscal years 2005 and
2006, subsection (b) of section 41 of title 35, United States Code,
shall be administered as though that subsection reads as follows:
‘‘(b) MAINTENANCE FEES.—The Director shall charge the fol-
lowing fees for maintaining in force all patents based on applications
filed on or after December 12, 1980:
‘‘(1) 3 years and 6 months after grant, $900.
‘‘(2) 7 years and 6 months after grant, $2,300.
‘‘(3) 11 years and 6 months after grant, $3,800.
Unless payment of the applicable maintenance fee is received in
the United States Patent and Trademark Office on or before the
date the fee is due or within a grace period of 6 months thereafter,
the patent will expire as of the end of such grace period. The
Director may require the payment of a surcharge as a condition
of accepting within such 6-month grace period the payment of
an applicable maintenance fee. No fee may be established for
maintaining a design or plant patent in force.’’.
(c) PATENT SEARCH FEES.—During fiscal years 2005 and 2006,
subsection (d) of section 41 of title 35, United States Code, shall
be administered as though that subsection reads as follows:
‘‘(d) PATENT SEARCH AND OTHER FEES.—
‘‘(1) PATENT SEARCH FEES.—
‘‘(A) The Director shall charge a fee for the search
of each application for a patent, except for provisional
applications. The Director shall establish the fees charged
under this paragraph to recover an amount not to exceed
the estimated average cost to the Office of searching
applications for patent either by acquiring a search report
from a qualified search authority, or by causing a search
by Office personnel to be made, of each application for
patent. For the 3-year period beginning on the date of
enactment of this Act, the fee for a search by a qualified
search authority of a patent application described in clause
(i), (iv), or (v) of subparagraph (B) may not exceed $500,
of a patent application described in clause (ii) of subpara-
graph (B) may not exceed $100, and of a patent application
described in clause (iii) of subparagraph (B) may not exceed
$300. The Director may not increase any such fee by more
than 20 percent in each of the next three 1-year periods,
and the Director may not increase any such fee thereafter.
‘‘(B) For purposes of determining the fees to be estab-
lished under this paragraph, the cost to the Office of
causing a search of an application to be made by Office
personnel shall be deemed to be—
‘‘(i) $500 for each application for an original patent,
except for design, plant, provisional, or international
applications;
‘‘(ii) $100 for each application for an original design
patent;
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118 STAT. 2927
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(iii) $300 for each application for an original plant
patent;
‘‘(iv) $500 for the national stage of each inter-
national application; and
‘‘(v) $500 for each application for the reissue of
a patent.
‘‘(C) The provisions of section 111(a)(3) of this title
relating to the payment of the fee for filing the application
shall apply to the payment of the fee specified in this
paragraph with respect to an application filed under section
111(a) of this title. The provisions of section 371(d) of
this title relating to the payment of the national fee shall
apply to the payment of the fee specified in this paragraph
with respect to an international application.
‘‘(D) The Director may by regulation provide for a
refund of any part of the fee specified in this paragraph
for any applicant who files a written declaration of express
abandonment as prescribed by the Director before an exam-
ination has been made of the application under section
131 of this title, and for any applicant who provides a
search report that meets the conditions prescribed by the
Director.
‘‘(E) For purposes of subparagraph (A), a ‘qualified
search authority’ may not include a commercial entity
unless—
‘‘(i) the Director conducts a pilot program of limited
scope, conducted over a period of not more than 18
months, which demonstrates that searches by commer-
cial entities of the available prior art relating to the
subject matter of inventions claimed in patent
applications—
‘‘(I) are accurate; and
‘‘(II) meet or exceed the standards of searches
conducted by and used by the Patent and Trade-
mark Office during the patent examination
process;
‘‘(ii) the Director submits a report on the results
of the pilot program to Congress and the Patent Public
Advisory Committee that includes—
‘‘(I) a description of the scope and duration
of the pilot program;
‘‘(II) the identity of each commercial entity
participating in the pilot program;
‘‘(III) an explanation of the methodology used
to evaluate the accuracy and quality of the search
reports; and
‘‘(IV) an assessment of the effects that the
pilot program, as compared to searches conducted
by the Patent and Trademark Office, had and will
have on—
‘‘(aa) patentability determinations;
‘‘(bb) productivity of the Patent and Trade-
mark Office;
‘‘(cc) costs to the Patent and Trademark
Office;
‘‘(dd) costs to patent applicants; and
‘‘(ee) other relevant factors;
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‘‘(iii) the Patent Public Advisory Committee
reviews and analyzes the Director’s report under clause
(ii) and the results of the pilot program and submits
a separate report on its analysis to the Director and
the Congress that includes—
‘‘(I) an independent evaluation of the effects
that the pilot program, as compared to searches
conducted by the Patent and Trademark Office,
had and will have on the factors set forth in clause
(ii)(IV); and
‘‘(II) an analysis of the reasonableness, appro-
priateness, and effectiveness of the methods used
in the pilot program to make the evaluations
required under clause (ii)(IV); and
‘‘(iv) Congress does not, during the 1-year period
beginning on the date on which the Patent Public
Advisory Committee submits its report to the Congress
under clause (iii), enact a law prohibiting searches
by commercial entities of the available prior art
relating to the subject matter of inventions claimed
in patent applications.
‘‘(F) The Director shall require that any search by
a qualified search authority that is a commercial entity
is conducted in the United States by persons that—
‘‘(i) if individuals, are United States citizens; and
‘‘(ii) if business concerns, are organized under the
laws of the United States or any State and employ
United States citizens to perform the searches.
‘‘(G) A search of an application that is the subject
of a secrecy order under section 181 or otherwise involves
classified information may only be conducted by Office
personnel.
‘‘(H) A qualified search authority that is a commercial
entity may not conduct a search of a patent application
if the entity has any direct or indirect financial interest
in any patent or in any pending or imminent application
for patent filed or to be filed in the Patent and Trademark
Office.
‘‘(2) OTHER
FEES.—The Director shall establish fees for
all other processing, services, or materials relating to patents
not specified in this section to recover the estimated average
cost to the Office of such processing, services, or materials,
except that the Director shall charge the following fees for
the following services:
‘‘(A) For recording a document affecting title, $40 per
property.
‘‘(B) For each photocopy, $.25 per page.
‘‘(C) For each black and white copy of a patent, $3.
The yearly fee for providing a library specified in section 12
of this title with uncertified printed copies of the specifications
and drawings for all patents in that year shall be $50.’’.
(d) ADJUSTMENTS.—During fiscal years 2005 and 2006, sub-
section (f) of section 41 of title 35, United States Code, shall apply
to the fees established under this section.
(e) FEES FOR SMALL ENTITIES.—During fiscal years 2005 and
2006, subsection (h) of section 41 of title 35, United States Code,
shall be administered as though that subsection is amended—
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(1) in paragraph (1), by striking ‘‘Fees charged under sub-
section (a) or (b)’’ and inserting ‘‘Subject to paragraph (3),
fees charged under subsections (a), (b), and (d)(1)’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) The fee charged under subsection (a)(1)(A) shall be
reduced by 75 percent with respect to its application to any
entity to which paragraph (1) applies, if the application is
filed by electronic means as prescribed by the Director.’’.
SEC. 802. ADJUSTMENT OF TRADEMARK FEES.
(a) FEE FOR FILING APPLICATION.—During fiscal years 2005
and 2006, under such conditions as may be prescribed by the
Director, the fee under section 31(a) of the Trademark Act of 1946
(15 U.S.C. 1113(a)) for: (1) the filing of a paper application for
the registration of a trademark shall be $375; (2) the filing of
an electronic application shall be $325; and (3) the filing of an
electronic application meeting certain additional requirements pre-
scribed by the Director shall be $275. During fiscal years 2005
and 2006, the provisions of the second and third sentences of
section 31(a) of the Trademark Act of 1946 shall apply to the
fees established under this section.
(b) REFERENCE TO TRADEMARK ACT OF 1946.—For purposes
of this section, the ‘‘Trademark Act of 1946’’ refers to the Act
entitled ‘‘An Act to provide for the registration and protection
of trademarks used in commerce, to carry out the provisions of
certain international conventions, and for other purposes.’’,
approved July 5, 1946 (15 U.S.C. 1051 et seq.).
SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL
PROVISION.
(a) EFFECTIVE DATE.—Except as otherwise provided in this
title (including this section), the provisions of this title shall take
effect on the date of the enactment of this Act and shall apply
only with respect to the remaining portion of fiscal year 2005
and fiscal year 2006.
(b) APPLICABILITY.—
(1)(A) Except as provided in subparagraphs (B) and (C),
the provisions of section 801 shall apply to all patents, when-
ever granted, and to all patent applications pending on or
filed after the effective date set forth in subsection (a) of this
section.
(B)(i) Except as provided in clause (ii), subsections (a)(1)
and (3) and (d)(1) of section 41 of title 35, United States
Code, as administered as provided in this title, shall apply
only to—
(I) applications for patents filed under section 111 of
title 35, United States Code, on or after the effective date
set forth in subsection (a) of this section, and
(II) international applications entering the national
stage under section 371 of title 35, United States Code,
for which the basic national fee specified in section 41
of title 35, United States Code, was not paid before the
effective date set forth in subsection (a) of this section.
(ii) Section 41(a)(1)(D) of title 35, United States Code, as
administered as provided in this title, shall apply only to
applications for patent filed under section 111(b) of title 35,
United States Code, before, on, or after the effective date set
forth in subsection (a) of this section in which the filing fee
35 USC 41 note.
Applicability.
35 USC 41 note.
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118 STAT. 2930
PUBLIC LAW 108–447—DEC. 8, 2004
specified in section 41 of title 35, United States Code, was
not paid before the effective date set forth in subsection (a)
of this section.
(C) Section 41(a)(2) of title 35, United States Code, as
administered as provided in this title, shall apply only to the
extent that the number of excess claims, after giving effect
to any cancellation of claims, is in excess of the number of
claims for which the excess claims fee specified in section
41 of title 35, United States Code, was paid before the effective
date set forth in subsection (a) of this section.
(2) The provisions of section 802 shall apply to all applica-
tions for the registration of a trademark filed or amended
on or after the effective date set forth in subsection (a) of
this section.
(c) TRANSITIONAL PROVISIONS.—
(1) SEARCH FEES.—During fiscal years 2005 and 2006, the
Director shall charge—
(A) for the search of each application for an original
patent, except for design, plant, provisional, or inter-
national application, $500;
(B) for the search of each application for an original
design patent, $100;
(C) for the search of each application for an original
plant patent, $300;
(D) for the search of the national stage of each inter-
national application, $500; and
(E) for the search of each application for the reissue
of a patent, $500.
(2) TIMING OF FEES.—The provisions of section 111(a)(3)
of title 35, United States Code, relating to the payment of
the fee for filing the application shall apply to the payment
of the fee specified in paragraph (1) with respect to an applica-
tion filed under section 111(a) of title 35, United States Code.
The provisions of section 371(d) of title 35, United States Code,
relating to the payment of the national fee shall apply to
the payment of the fee specified in paragraph (1) with respect
to an international application.
SEC. 804. DEFINITION.
In this title, the term ‘‘Director’’ means the Under Secretary
of Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office.
TITLE IX—OCEANS AND HUMAN
HEALTH ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Oceans and Human Health
Act’’.
SEC. 902. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH
PROGRAM.
(a) COORDINATION.—The President, through the National
Science and Technology Council, shall coordinate and support a
national research program to improve understanding of the role
of the oceans in human health.
President.
33 USC 3101
note.
33 USC 3101
note.
Oceans and
Human Health
Act.
35 USC 41 note.
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118 STAT. 2931
PUBLIC LAW 108–447—DEC. 8, 2004
(b) IMPLEMENTATION PLAN.—Within 1 year after the date of
enactment of this Act, the National Science and Technology Council,
through the Director of the Office of Science and Technology Policy
shall develop and submit to the Congress a plan for coordinated
Federal activities under the program. Nothing in this subsection
is intended to duplicate or supersede the activities of the Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia estab-
lished under section 603 of the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 (16 U.S.C. 1451 note). In devel-
oping the plan, the Committee will consult with the Inter-Agency
Task Force on Harmful Algal Blooms and Hypoxia. Such plan
will build on and complement the ongoing activities of the National
Oceanic and Atmospheric Administration, the National Science
Foundation, and other departments and agencies and shall—
(1) establish, for the 10-year period beginning in the year
it is submitted, the goals and priorities for Federal research
which most effectively advance scientific understanding of the
connections between the oceans and human health, provide
usable information for the prediction of marine-related public
health problems and use the biological potential of the oceans
for development of new treatments of human diseases and
a greater understanding of human biology;
(2) describe specific activities required to achieve such goals
and priorities, including the funding of competitive research
grants, ocean and coastal observations, training and support
for scientists, and participation in international research efforts;
(3) identify and address, as appropriate, relevant programs
and activities of the Federal agencies and departments that
would contribute to the program;
(4) identify alternatives for preventive unnecessary duplica-
tion of effort among Federal agencies and departments with
respect to the program;
(5) consider and use, as appropriate, reports and studies
conducted by Federal agencies and departments, the National
Research Council, the Ocean Research Advisory Panel, the
Commission on Ocean Policy and other expert scientific bodies;
(6) make recommendations for the coordination of program
activities with ocean and human health-related activities of
other national and international organizations; and
(7) estimate Federal funding for research activities to be
conducted under the program.
(c) PROGRAM SCOPE.—The program may include the following
activities related to the role of oceans in human health:
(1) Interdisciplinary research among the ocean and medical
sciences, and coordinated research and activities to improve
understanding of processes within the ocean that may affect
human health and to explore the potential contribution of
marine organisms to medicine and research, including—
(A) vector- and water-borne diseases of humans and
marine organisms, including marine mammals and fish;
(B) harmful algal blooms and hypoxia (through the
Inter-Agency Task Force on Harmful Algal Blooms and
Hypoxia);
(C) marine-derived pharmaceuticals;
(D) marine organisms as models for biomedical
research and as indicators of marine environmental health;
(E) marine environmental microbiology;
Deadline.
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118 STAT. 2932
PUBLIC LAW 108–447—DEC. 8, 2004
(F) bioaccumulative and endocrine-disrupting chemical
contaminants; and
(G) predictive models based on indicators of marine
environmental health or public health threats.
(2) Coordination with the National Ocean Research Leader-
ship Council (10 U.S.C. 7902(a)) to ensure that any integrated
ocean and coastal observing system provides information nec-
essary to monitor and reduce marine public health problems
including health-related data on biological populations and
detection of contaminants in marine waters and seafood.
(3) Development through partnerships among Federal agen-
cies, States, academic institutions, or non-profit research
organizations of new technologies and approaches for detecting
and reducing hazards to human health from ocean sources
and to strengthen understanding of the value of marine bio-
diversity to biomedicine, including—
(A) genomics and proteomics to develop genetic and
immunological detection approaches and predictive tools
and to discover new biomedical resources;
(B) biomaterials and bioengineering;
(C) in situ and remote sensors used to detect, quantify,
and predict the presence and spread of contaminants in
marine waters and organisms and to identify new genetic
resources for biomedical purposes;
(D) 
techniques 
for 
supplying 
marine 
resources,
including chemical synthesis, culturing and aquaculturing
marine organisms, new fermentation methods and recom-
binant techniques; and
(E) adaptation of equipment and technologies from
human health fields.
(4) Support for scholars, trainees and education opportuni-
ties that encourage an interdisciplinary and international
approach to exploring the diversity of life in the oceans.
(d) ANNUAL REPORT.—Beginning with the first year occurring
more than 24 months after the date of enactment of this Act,
the National Science and Technology Council, through the Director
of the Office of Science and Technology Policy shall prepare and
submit to the President and the Congress not later than January
31st of each year an annual report on the activities conducted
pursuant to this title during the preceding fiscal year, including—
(1) a summary of the achievements of Federal oceans and
human health research, including Federally supported external
research, during the preceding fiscal year;
(2) an analysis of the progress made toward achieving
the goals and objectives of the plan developed under subsection
(b), including identification of trends and emerging trends;
(3) a copy or summary of the plan and any changes made
in the plan;
(4) a summary of agency budgets for oceans and human
health activities for that preceding fiscal year; and
(5) any recommendations regarding additional action or
legislation that may be required to assist in achieving the
purposes of this title.
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118 STAT. 2933
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 903. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OCEANS AND HUMAN HEALTH INITIATIVE.
(a) ESTABLISHMENT.—As part of the interagency oceans and
human health research program, the Secretary of Commerce is
authorized to establish an Oceans and Human Health Initiative
to coordinate and implement research and activities of the National
Oceanic and Atmospheric Administration related to the role of
the oceans, the coasts, and the Great Lakes in human health.
In carrying out this section, the Secretary shall consult with other
Federal agencies conducting integrated oceans and human health
research and research in related areas, including the National
Science Foundation. The Oceans and Human Health Initiative is
authorized to provide support for—
(1) centralized program and research coordination;
(2) an advisory panel;
(3) one or more National Oceanic and Atmospheric
Administration national centers of excellence;
(4) research grants; and
(5) distinguished scholars and traineeships.
(b) ADVISORY PANEL.—The Secretary is authorized to establish
an oceans and human health advisory panel to assist in the develop-
ment and implementation of the Oceans and Human Health Initia-
tive. Membership of the advisory group shall provide for balanced
representation of individuals with multi-disciplinary expertise in
the marine and biomedical sciences. The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the oceans and human
health advisory panel.
(c) NATIONAL CENTERS.—
(1) The Secretary is authorized to identify and provide
financial support through a competitive process to develop,
within the National Oceanic and Atmospheric Administration,
for one or more centers of excellence that strengthen the
capabilities of the National Oceanic and Atmospheric Adminis-
tration to carry out its programs and activities related to the
oceans’ role in human health.
(2) The centers shall focus on areas related to agency
missions, including use of marine organisms as indicators for
marine environmental health, ocean pollutants, marine toxins
and pathogens, harmful algal blooms, hypoxia, seafood testing,
identification of potential marine products, and biology and
pathobiology of marine mammals, and on disciplines including
marine 
genomics, 
marine 
environmental 
microbiology,
ecological chemistry and conservation medicine.
(3) In selecting centers for funding, the Secretary will give
priority to proposals with strong interdisciplinary scientific
merit that encourage educational opportunities and provide
for effective partnerships among the Administration, other Fed-
eral entities, State, academic, non-profit research organizations,
medical, and industry participants.
(d) EXTRAMURAL RESEARCH GRANTS.—
(1) The Secretary is authorized to provide grants of finan-
cial assistance to the scientific community for critical research
and projects that explore the relationship between the oceans
and human health and that complement or strengthen pro-
grams and activities of the National Oceanic and Atmospheric
Administration related to the ocean’s role in human health.
Officers and employees of Federal agencies may collaborate
33 USC 3102.
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118 STAT. 2934
PUBLIC LAW 108–447—DEC. 8, 2004
with, and participate in, such research and projects to the
extent requested by the grant recipient. The Secretary shall
consult with the oceans and human health advisory panel estab-
lished under subsection (b) and may work cooperatively with
other agencies participating in the interagency program to
establish joint criteria for such research and projects.
(2) Grants under this subsection shall be awarded through
a competitive peer-reviewed, merit-based process that may be
conducted jointly with other agencies participating in the inter-
agency program.
(e) TRAINEESHIPS.—The Secretary of Commerce is authorized
to establish a program to provide traineeships, training, and experi-
ence to pre-doctoral and post-doctoral students and to scientists
at the beginning of their careers who are interested in the oceans
in human health research conducted under the NOAA initiative.
SEC. 904. PUBLIC INFORMATION AND OUTREACH.
(a) IN GENERAL.—The Secretary of Commerce, in consultation
with other Federal agencies, and in cooperation with the National
Sea Grant program, shall design and implement a program to
disseminate information developed under the NOAA Oceans and
Human Health Initiative, including research, assessments, and
findings regarding the relationship between oceans and human
health, on both a regional and national scale. The information,
particularly with respect to potential health risks, shall be made
available in a timely manner to appropriate Federal or State agen-
cies, involved industries, and other interested persons through a
variety of means, including through the Internet.
(b) REPORT.—As part of this program, the Secretary shall
submit to Congress an annual report reviewing the results of the
research, assessments, and findings developed under the NOAA
Oceans and Human Health Initiative, as well as recommendations
for improving or expanding the program.
SEC. 905. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce to carry out the National Oceanic and Atmospheric
Administration Oceans and Human Health Initiative, $60,000,000
for fiscal years 2005 through 2008. Not less than 50 percent of
the amounts appropriated to carry out the initiative shall be utilized
in each fiscal year to support the extramural grant and traineeship
programs of the Initiative.
This division may be cited as the ‘‘Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 2005’’.
33 USC 3104.
33 USC 3103.
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118 STAT. 2935
PUBLIC LAW 108–447—DEC. 8, 2004
DIVISION C—ENERGY AND WATER DEVELOPMENT
APPROPRIATIONS ACT, 2005
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to rivers and harbors, flood control, shore
protection and storm damage reduction, aquatic ecosystem restora-
tion, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection and storm damage reduction, aquatic ecosystem restora-
tion, and related projects, restudy of authorized projects, miscella-
neous investigations, and, when authorized by law, surveys and
detailed studies and plans and specifications of projects prior to
construction, $144,500,000, to remain available until expended: Pro-
vided, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $300,000 for the continued
preconstruction, engineering, and design of Waikiki Beach, Oahu,
Hawaii, the project to be designed and evaluated, as authorized
and that any recommendations for a National Economic Develop-
ment Plan shall be accepted notwithstanding the extent of recre-
ation benefits supporting the project features, in view of the fact
that recreation is extremely important in sustaining and increasing
the economic well-being of the State of Hawaii and the nation:
Provided further, That in conducting the Southwest Valley Flood
Damage Reduction Study, Albuquerque, New Mexico, the Secretary
of the Army, acting through the Chief of Engineers, shall include
an evaluation of flood damage reduction measures that would other-
wise be excluded from the feasibility analysis based on policies
regarding the frequency of flooding, the drainage areas, and the
amount of runoff: Provided further, That for the Ohio Riverfront,
Cincinnati, Ohio, project, the cost of planning and design under-
taken by non-Federal interests shall be credited toward the non-
Federal share of project design costs.
CONSTRUCTION, GENERAL
For expenses necessary for the construction of river and harbor,
flood control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those for development with participation or
under consideration for participation by States, local governments,
or private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications, shall
not constitute a commitment of the Government to construction);
Energy and
Water
Development
Appropriations
Act, 2005.
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118 STAT. 2936
PUBLIC LAW 108–447—DEC. 8, 2004
and for the benefit of federally listed species to address the effects
of civil works projects owned or operated by the United States
Army Corps of Engineers, $1,796,089,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund as authorized by Public Law 104–303;
and of which such sums as are necessary pursuant to Public Law
99–662 shall be derived from the Inland Waterways Trust Fund,
to cover one-half of the costs of construction and rehabilitation
of inland waterways projects, (including the rehabilitation costs
for Lock and Dam 11, Mississippi River, Iowa; Lock and Dam
19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River,
Illinois and Missouri; and Lock and Dam 3, Mississippi River,
Minnesota) shall be derived from the Inland Waterways Trust Fund:
Provided, That using $12,500,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers,
is directed to continue construction of the Dallas Floodway Exten-
sion, Texas, project, including the Cadillac Heights feature, gen-
erally in accordance with the Chief of Engineers report dated
December 7, 1999: Provided further, That the Secretary of the
Army is directed to accept advance funds, pursuant to section
11 of the River and Harbor Act of 1925, from the non-Federal
sponsor of the Los Angeles Harbor, California, project authorized
by section 101(b)(5) of Public Law 106–541: Provided further, That
the Secretary of the Army is directed to accept advance funds,
or any portion thereof, pursuant to section 11 of the River and
Harbor Act of 1925, from the non-Federal sponsor of the Oakland
Harbor, California, project authorized by section 101(a)(7) of Public
Law 106–53: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $500,000
of the funds provided herein to continue construction of the Hawaii
Water Management Project: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is directed
to use $3,000,000 of the funds appropriated herein to continue
construction of the navigation project at Kaumalapau Harbor,
Hawaii: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $3,000,000 of
the funds provided herein for the Dam Safety and Seepage/Stability
Correction Program to complete construction of seepage control
features and repairs to the tainter gates at Waterbury Dam,
Vermont: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $9,000,000 of
the 
funds 
appropriated 
herein 
to 
proceed 
with 
planning,
engineering, design or construction of the Grundy, Buchanan
County, and Dickenson County, Virginia, elements of the Levisa
and Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $15,000,000
of the funds appropriated herein to continue with the planning,
engineering, design or construction of the Lower Mingo County,
Upper Mingo County, Wayne County, McDowell County, West Vir-
ginia, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River Project: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers,
is directed to continue the Dickenson County Detailed Project
Report as generally defined in Plan 4 of the Huntington District
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Engineer’s Draft Supplement to the section 202 General Plan for
Flood Damage Reduction dated April 1997, including all Russell
Fork tributary streams within the County and special consider-
ations as may be appropriate to address the unique relocations
and resettlement needs for the flood prone communities within
the County: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $8,750,000
of the funds appropriated herein for the Clover Fork, City of Cum-
berland, Town of Martin, Pike County (including Levisa Fork and
Tug Fork Tributaries), Bell County, Harlan County in accordance
with the Draft Detailed Project Report dated January 2002, Floyd
County, Martin County, Johnson County, and Knox County, Ken-
tucky, detailed project report, elements of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River: Pro-
vided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to continue with the construction
of the Seward Harbor, Alaska, project, in accordance with the
Report of the Chief of Engineers, dated June 8, 1999, and the
economic justification contained therein: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to continue with the construction of the False Pass,
Alaska, project, in accordance with the Report of the Chief of
Engineers, dated December 29, 2000: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to proceed with construction of the Sand Point Harbor,
Alaska project, in accordance with the Report of the Chief of Engi-
neers, dated October 13, 1998, and the economic justification con-
tained therein: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to design and
construct modifications to the Federal navigation project at
Thomsen Harbor, Sitka, Alaska, authorized by section 101 of the
Water Resources Development Act of 1992: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers,
shall correct the design deficiency at Thomsen Harbor, Sitka,
Alaska, by adding to, or extending, the existing breakwaters to
reduce wave and swell motion within the harbor at an additional
cost of $1,000,000 at full Federal expense: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers,
is directed and authorized to continue the work to replace and
upgrade the dam and all connections to the existing system at
Kake, Alaska: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to continue with
the construction of the Wrangell Harbor, Alaska, project in accord-
ance with the Chief of Engineer’s report dated December 23, 1999:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to proceed with the construction
of the New York and New Jersey Harbor project, 50-foot deepening
element, upon execution of the Project Cooperation Agreement:
Provided further, That no funds made available under this Act
or any other Act for any fiscal year may be used by the Secretary
of the Army to carry out the construction of the Port Jersey element
of the New York and New Jersey Harbor or reimbursement to
the Local Sponsor for the construction of the Port Jersey element
until commitments for construction of container handling facilities
are obtained from the non-Federal sponsor for a second user along
the Port Jersey element: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed to
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118 STAT. 2938
PUBLIC LAW 108–447—DEC. 8, 2004
use funds appropriated for the navigation project, Tampa Harbor,
Florida, to carry out, as part of the project, construction of passing
lanes in an area approximately 3.5 miles long, centered on Tampa
Bay Cut B, if the Secretary determines that such construction
is technically sound, environmentally acceptable, and cost effective:
Provided further, That using $750,000 of the funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to plan, design, and initiate
reconstruction of the Cape Girardeau, Missouri, project, originally
authorized by the Flood Control Act of 1950, at an estimated total
cost of $9,000,000, with cost sharing on the same basis as cost
sharing for the project as originally authorized, if the Secretary
determines that the reconstruction is technically sound and environ-
mentally acceptable: Provided further, That the planned reconstruc-
tion shall be based on the most cost-effective engineering solution
and shall require no further economic justification: Provided further,
That the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to proceed without further delay with work on
the permanent bridge to replace Folsom Bridge Dam Road, Folsom,
California, as authorized by the Energy and Water Development
Appropriations Act, 2004 (Public Law 108–137), and, of the
$8,000,000 available for the American River Watershed (Folsom
Dam Mini-Raise), California, project, up to $5,000,000 of those
funds be directed for the permanent bridge, with all remaining
devoted to the Mini-Raise: Provided further, That the Secretary
of the Army is directed to use $1,365,000 of the funds appropriated
herein to construct a project for flood control, Cass River, Spaulding
Township, Michigan, pursuant to section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s), notwithstanding that the benefits
of the project may not exceed the estimated costs of the project:
Provided further, That the non-Federal interest for the project shall
receive credit towards its share of project costs in the amount
of $345,000 for work carried out by the non-Federal interest on
the project prior to entering into a project cooperation agreement:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to undertake and fund a dem-
onstration project utilizing the Bidlocker system of escrowing con-
tract bid documents: Provided further, That the system should
provide a method of securing bidder documents prior to the award
of the contracts, thus allowing the contractor to provide those
documents to the Government in the case of disputes: Provided
further, That the demonstration project should include use of the
system on at least three contracts: Provided further, That a report
on the results of the demonstration project shall be provided within
1 year of the date of enactment of this Act.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, IL-
LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN-
NESSEE
For expenses necessary for the flood damage reduction program
for the Mississippi River alluvial valley below Cape Girardeau,
Missouri, as authorized by law, $324,500,000, to remain available
until expended: Provided, That the Secretary of the Army, acting
through the Chief of Engineers, using $12,000,000 of the funds
provided herein, is directed to continue design and real estate
activities and to initiate the pump supply contract for the Yazoo
Reports.
Deadline.
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118 STAT. 2939
PUBLIC LAW 108–447—DEC. 8, 2004
Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided fur-
ther, That the pump supply contract shall be performed by awarding
continuing contracts in accordance with 33 U.S.C. 621: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers is directed, with $500,000 appropriated herein, to
continue construction of water withdrawal features of the Grand
Prairie, Arkansas, project.
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law; for the benefit of federally listed species to address the effects
of civil works projects owned or operated by the United States
Army Corps of Engineers; for providing security for infrastructure
owned and operated by, or on behalf of, the United States Army
Corps of Engineers, including administrative buildings and facili-
ties, laboratories, and the Washington Aqueduct; for the mainte-
nance of harbor channels provided by a State, municipality, or
other public agency that serve essential navigation needs of general
commerce, where authorized by law; and for surveys and charting
of northern and northwestern lakes and connecting waters, clearing
and straightening channels, and removal of obstructions to naviga-
tion, $1,959,101,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of operation
and maintenance costs for coastal harbors and channels shall be
derived from the Harbor Maintenance Trust Fund, pursuant to
Public Law 99–662 may be derived from that fund; of which such
sums as become available from the special account for the United
States Army Corps of Engineers established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l–6a(i)), may
be derived from that account for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available;
and of which such sums as become available under section 217
of the Water Resources Development Act of 1996, Public Law 104–
303, shall be used to cover the cost of operation and maintenance
of the dredged material disposal facilities for which fees have been
collected: Provided, That utilizing funds appropriated herein, for
the Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland, the Secretary of the Army, acting through
the Chief of Engineers, is directed to reimburse the State of Dela-
ware for normal operation and maintenance costs incurred by the
State of Delaware for the SR1 Bridge from station 58∂00 to station
293∂00 between October 1, 2003, and September 30, 2004: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use funds appropriated herein to
rehabilitate the existing dredged material disposal site for the
project for navigation, Bodega Bay Harbor, California, and to con-
tinue maintenance dredging of the Federal channel: Provided fur-
ther, That the Secretary shall make suitable material excavated
from the Bodega Bay Harbor, California, disposal site as part of
the rehabilitation effort available to the non-Federal sponsor, at
no cost to the Federal Government, for use by the non-Federal
sponsor in the development of public facilities: Provided further,
That the Secretary of the Army, acting through the Chief of Engi-
neers, is authorized to undertake, at full Federal expense, a detailed
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118 STAT. 2940
PUBLIC LAW 108–447—DEC. 8, 2004
evaluation of the Albuquerque levees for purposes of determining
structural integrity, impacts of vegetative growth, and performance
under current hydrological conditions: Provided further, That using
$175,000 provided herein, the Secretary of the Army, acting through
the Chief of Engineers is authorized to remove the sunken vessel
State of Pennsylvania from the Christina River in Delaware: Pro-
vided further, That the Corps of Engineers shall not allocate any
funds to deposit dredged material along the Laguna Madre portion
of the Gulf Intracoastal Waterway except at the placement areas
specified in the Dredged Material Management Plan in section
2.11 of the Final Environmental Impact Statement for Maintenance
Dredging of the Gulf Intracoastal Waterway, Laguna Madre, Texas,
Nueces, Kleberg, Kenedy, Willacy, and Cameron Counties, Texas,
prepared by the Corps of Engineers dated September 2003: Provided
further, That nothing in the above proviso shall prevent the Corps
of Engineers from performing necessary maintenance operations
along the Gulf Intracoastal Waterway if the following conditions
are met: if the Corps proposes to use any placement areas that
are not currently specified in the Dredged Material Management
Plan and failure to use such alternative placement areas will result
in the closure of any segment of the Gulf Intracoastal Waterway,
then such proposal shall be analyzed in an Environmental Impact
Statement (EIS) and comply with all other applicable requirements
of the National Environmental Policy Act, 42 U.S.C. 4321 et seq.,
and all other applicable State and Federal laws, including the
Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered Species
Act, 16 U.S.C. 1531 et seq., and the Coastal Zone Management
Act, 16 U.S.C. 1451 et seq.: Provided further, That, of the funds
made available, $7,000,000 is to be used to perform work authorized
in section 136 of Public Law 108–357.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $145,000,000, to
remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $165,000,000, to remain
available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and related
civil works functions in the headquarters of the United States
Army Corps of Engineers, the offices of the Division Engineers,
the Humphreys Engineer Center Support Activity, the Institute
for Water Resources, the United States Army Engineer Research
and Development Center, and the United States Army Corps of
Engineers Finance Center, $167,000,000, to remain available until
expended: Provided, That no part of any other appropriation pro-
vided in title I of this Act shall be available to fund the civil
works activities of the Office of the Chief of Engineers or the
civil works executive direction and management activities of the
division offices: Provided further, That none of these funds shall
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118 STAT. 2941
PUBLIC LAW 108–447—DEC. 8, 2004
be available to support an office of congressional affairs within
the executive office of the Chief of Engineers.
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
For expenses necessary for the Office of Assistant Secretary
of the Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3),
$4,000,000.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for official recep-
tion and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. Beginning in fiscal year 2005 and thereafter, agree-
ments proposed for execution by the Assistant Secretary of the
Army for Civil Works or the United States Army Corps of Engineers
after the date of the enactment of this Act pursuant to section
4 of the Rivers and Harbor Act of 1915, Public Law 64–291; section
11 of the River and Harbor Act of 1925, Public Law 68–585; the
Civil Functions Appropriations Act, 1936, Public Law 75–208; sec-
tion 215 of the Flood Control, Act of 1968, as amended, Public
Law 90–483; sections 104, 203, and 204 of the Water Resources
Development Act of 1986, as amended, Public Law 99–662; section
206 of the Water Resources Development Act of 1992, as amended,
Public Law 102–580; section 211 of the Water Resources Develop-
ment Act of 1996, Public Law 104–303; and any other specific
project authority, shall be limited to credits and reimbursements
per project not to exceed $10,000,000 in each fiscal year, and total
credits and reimbursements for all applicable projects not to exceed
$50,000,000 in each fiscal year, except that for environmental infra-
structure projects, the $10,000,000 limitation shall apply to each
State wherein such projects are undertaken.
SEC. 102. None of the funds appropriated in this or any other
Act may be used by the United States Army Corps of Engineers
to support activities related to the proposed Ridge Landfill in
Tuscarawas County, Ohio.
SEC. 103. None of the funds appropriated in this or any other
Act shall be used to demonstrate or implement any plans divesting
or transferring any Civil Works missions, functions, or responsibil-
ities of the United States Army Corps of Engineers to other govern-
ment agencies without specific direction in a subsequent Act of
Congress.
SEC. 104. ALAMOGORDO, NEW MEXICO. The project for flood
protection at Alamogordo, New Mexico, authorized by the Flood
Control Act of 1962 (Public Law 87–874), is modified to authorize
and direct the Secretary to construct a flood detention basin to
protect the north side of the City of Alamogordo, New Mexico,
from flooding. The flood detention basin shall be constructed to
provide protection from a 100-year flood event. The project cost
share for the flood detention basin shall be consistent with section
Applicability.
33 USC 2221.
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118 STAT. 2942
PUBLIC LAW 108–447—DEC. 8, 2004
103(a) of the Water Resources Development Act of 1986, notwith-
standing section 202(a) of the Water Resources Development Act
of 1996.
SEC. 105. None of the funds appropriated in this or any other
Act may be used by the United States Army Corps of Engineers
to support activities related to the proposed Indian Run Sanitary
Landfill in Sandy Township, Stark County, Ohio.
SEC. 106. ST. GEORGES BRIDGE, DELAWARE. None of the funds
made available in this Act may be used to carry out any activity
relating to closure or removal of the St. Georges Bridge across
the Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland, including a hearing or any other activity
relating to preparation of an environmental impact statement con-
cerning the closure or removal.
SEC. 107. WATER REALLOCATION, LAKE CUMBERLAND, KEN-
TUCKY. (a) IN GENERAL.—Subject to subsection (b), none of the
funds made available by this Act may be used to carry out any
water reallocation project or component under the Wolf Creek
Project, Lake Cumberland, Kentucky, authorized under the Act
of June 28, 1938 (52 Stat. 1215, chapter 795) and the Act of
July 24, 1946 (60 Stat. 636, chapter 595).
(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply
to any water reallocation for Lake Cumberland, Kentucky, that
is carried out subject to an agreement or payment schedule in
effect on the date of enactment of this Act.
SEC. 108. LAKE TAHOE BASIN RESTORATION, NEVADA AND CALI-
FORNIA. (a) DEFINITION.—In this section, the term ‘‘Lake Tahoe
Basin’’ means the entire watershed drainage of Lake Tahoe
including that portion of the Truckee River 1,000 feet downstream
from the United States Bureau of Reclamation dam in Tahoe City,
California.
(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish
a program for providing environmental assistance to non-Federal
interests in Lake Tahoe Basin.
(c) FORM OF ASSISTANCE.—Assistance under this section may
be in the form of planning, design, and construction assistance
for water-related environmental infrastructure and resource protec-
tion and development projects in Lake Tahoe Basin—
(1) urban stormwater conveyance, treatment and related
facilities;
(2) watershed planning, science and research;
(3) environmental restoration; and
(4) surface water resource protection and development.
(d) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may pro-
vide assistance for a project under this section only if the project
is publicly owned.
(e) LOCAL COOPERATION AGREEMENT.—
(1) IN GENERAL.—Before providing assistance under this
section, the Secretary shall enter into a local cooperation agree-
ment with a non-Federal interest to provide for design and
construction of the project to be carried out with the assistance.
(2) REQUIREMENTS.—Each local cooperation agreement
entered into under this subsection shall provide for the fol-
lowing:
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118 STAT. 2943
PUBLIC LAW 108–447—DEC. 8, 2004
(A) PLAN.—Development by the Secretary, in consulta-
tion with appropriate Federal and State and Regional offi-
cials, 
of 
appropriate 
environmental 
documentation,
engineering plans and specifications.
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establish-
ment of such legal and institutional structures as are nec-
essary to ensure the effective long-term operation of the
project by the non-Federal interest.
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of project costs
under each local cooperation agreement entered into under
this subsection shall be 75 percent. The Federal share
may be in the form of grants or reimbursements of project
costs.
(B) CREDIT
FOR
DESIGN
WORK.—The non-Federal
interest shall receive credit for the reasonable costs of
planning and design work completed by the non-Federal
interest before entering into a local cooperation agreement
with the Secretary for a project.
(C) LAND, EASEMENTS, RIGHTS-OF-WAY, AND
RELOCA-
TIONS.—The non-Federal interest shall receive credit for
land, easements, rights-of-way, and relocations provided
by the non-Federal interest toward the non-Federal share
of project costs (including all reasonable costs associated
with obtaining permits necessary for the construction, oper-
ation, and maintenance of the project on publicly owned
or controlled land), but not to exceed 25 percent of total
project costs.
(D) OPERATION AND MAINTENANCE.—The non-Federal
share of operation and maintenance costs for projects con-
structed with assistance provided under this section shall
be 100 percent.
(f) APPLICABILITY
OF OTHER FEDERAL
AND STATE LAWS.—
Nothing in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that would
otherwise apply to a project to be carried out with assistance
provided under this section.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section for the period beginning
with fiscal year 2005, $25,000,000, to remain available until
expended.
SEC. 109. WATERSHED MANAGEMENT AND DEVELOPMENT. Sec-
tion 503 of the Water Resources Development Act of 1996 (110
Stat. 3756) is amended in subsection (c) by inserting the following:
‘‘The non-Federal share of the cost to provide assistance for the
Lake Tahoe watershed, California and Nevada, and Walker River
Basin, Nevada may be provided as work-in-kind.’’.
SEC. 110. The Assistant Secretary of the Army for Civil Works
shall enter into an agreement with the Orange County Water
District, Orange County, California for purposes of water conserva-
tion storage and operations to provide at a minimum a conservation
level up to elevation 498 feet mean sea level during the flood
season, and up to elevation 505 feet mean sea level during the
non-flood season at Prado Dam, California. The Orange County
Water District shall pay to the Government only the separable
costs associated with implementation and operation and mainte-
nance of Prado Dam for water conservation.
Contracts.
California.
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118 STAT. 2944
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 111. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA. (a)
IN GENERAL.—The Secretary is authorized to construct a new
project management office located in the city of Tuscaloosa, Ala-
bama, at a location within the vicinity of the city, at full Federal
expense.
(b) TRANSFER OF LAND AND STRUCTURES.—The Secretary is
authorized to convey, or otherwise transfer to the City of Tuscaloosa,
Alabama, at fair market value, the land and structures associated
with the existing project management office, if the city agrees
to assume full responsibility for demolition of the existing project
management office.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out subsection (a) $32,000,000.
SEC. 112. Within 75 days of the date of the Chief of Engineers
Report on a water resource matter, the Assistant Secretary of
the Army (Civil Works) shall submit the report to the appropriate
authorizing and appropriating committees of the Congress.
SEC. 113. Within 90 days of the date of enactment of this
Act, the Assistant Secretary of the Army (Civil Works) shall
transmit to Congress his report on any water resources matter
on which the Chief of Engineers has reported.
SEC. 114. COASTAL WETLAND CONSERVATION PROJECT FUNDING.
(a) FUNDING.—Section 306 of the Coastal Wetlands Planning,
Protection, and Restoration Act (16 U.S.C. 3955) is amended—
(1) in subsection (a), by striking ‘‘, not to exceed
$70,000,000,’’;
(2) in subsection (b), by striking ‘‘, not to exceed
$15,000,000’’; and
(3) in subsection (c), by striking ‘‘, not to exceed
$15,000,000,’’.
(b) PERIOD OF AUTHORIZATION.—Section 4(a) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)) is amended
in the second sentence by striking ‘‘2009’’ and inserting ‘‘2019’’.
SEC. 115. The Secretary of the Army, acting through the Chief
of Engineers, is directed to design and construct a marina and
associated facilities project capable of remaining in operation
through extended drought conditions at Federal expense at Lake
Sakakawea, North Dakota.
SEC. 116. CENTRAL CITY, FORT WORTH, TEXAS. The project
for flood control and other purposes on the Trinity River and Tribu-
taries, Texas, authorized by the River and Harbor Act of 1965
(Public Law 89–298), as modified, is further modified to authorize
the Secretary to undertake the Central City River Project, as gen-
erally described in the Trinity River Vision Master Plan, dated
April 2003, as amended, at a total cost not to exceed $220,000,000,
at a Federal cost of $110,000,000, and a non-Federal cost of
$110,000,000, if the Secretary determines the work is technically
sound and environmentally acceptable. The cost of work undertaken
by the non-Federal interests before the date of execution of a
project cooperation agreement shall be credited against the non-
Federal share of project costs if the Secretary determines that
the work is integral to the project.
SEC. 117. Notwithstanding any other provision of law, the
Secretary of the Army is authorized to carry out, at full Federal
expense, structural and non-structural projects for storm damage
Deadline.
Reports.
Deadline.
Reports.
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118 STAT. 2945
PUBLIC LAW 108–447—DEC. 8, 2004
prevention and reduction, coastal erosion, and ice and glacial dam-
age in Alaska, including relocation of affected communities and
construction of replacement facilities.
SEC. 118. COOK INLET, ALASKA. (a) ANCHORAGE HARBOR.—
(1) HARBOR DEPTH.—The project for navigation improve-
ments, Cook Inlet, Alaska (Anchorage Harbor, Alaska), author-
ized by section 101 of the River and Harbor Act of 1958 (72
Stat. 299) and modified by section 199 of the Water Resources
Development Act of 1976 (90 Stat. 2944), is further modified
to direct the Secretary of the Army to construct a harbor
depth of minus 45 feet mean lower low water for a length
of 10,860 feet at the modified Port of Anchorage intermodal
marine facility at each phase of facility modification as such
phases are completed and thereafter as the entire project is
completed.
(2) COST-SHARING.—If the Secretary determines that the
modified Port of Anchorage will be used by vessels operated
by the Department of Defense that have a draft of greater
than 35 feet, the modification referred to in paragraph (1)
shall be at full Federal expense.
(3) TRANSITIONAL
DREDGING.—Before completion of the
project modification described in paragraph (1), the Secretary
may conduct dredging to a depth of at least minus 35 feet
mean lower low water in such locations as will allow mainte-
nance of navigation and vessel access to the Port of Anchorage
intermodal marine facility during modification of such facility.
Such work shall be carried out by the Secretary in accordance
with section 101 of the River and Harbor Act of 1958.
(4) FACILITATING
FACILITY
MODIFICATION.—Before estab-
lishing the harbor depth of minus 45 feet mean lower low
water, the Secretary may undertake dredging in accordance
with section 101 of the River and Harbor Act of 1958 within
the design footprint of the modified intermodal marine facility
referred to in paragraph (1) to facilitate modification. The Sec-
retary may carry out such dredging as part of operation and
maintenance of the project modified by paragraph (1).
(5) MAINTENANCE.—Federal maintenance shall continue for
the existing project until the modified intermodal marine
facility is completed. Federal maintenance of the modified
project shall be in accordance with section 101 of the River
and Harbor Act of 1958; except that the project shall be main-
tained at a depth of minus 45 feet mean lower low water
for 10,860 feet referred to in paragraph (1).
(b) NAVIGATION CHANNEL.—The Secretary shall modify the
channel in the exiting Cook Inlet Navigation Channel approach
to Anchorage Harbor, Alaska, to run the entire length of Fire
Island Range and Point Woronzof Range and shall modify the
depth of that channel to minus 45 feet mean lower low water.
The channel shall be maintained at a depth of minus 45 feet
mean lower low water.
(c) HYDRODYNAMIC MODELING.—The Secretary shall carry out
hydrodynamic modeling of the Knik Arm to identify causes of,
and measures to address, shoaling at the Port of Anchorage, at
a total cost of $3,000,000.
(d) ALTERNATIVES ANALYSIS.—No alternative other than the
alternative authorized in this section shall be considered in any
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118 STAT. 2946
PUBLIC LAW 108–447—DEC. 8, 2004
analysis of the modified project to be carried out by the Secretary
in accordance with this section.
SEC. 119. NORTHERN WISCONSIN. Section 154(c) of title I of
division B of the Miscellaneous Appropriations Act, 2001, enacted
into law by the Consolidated Appropriations Act, 2001 (114 Stat.
2763A–252), is amended—
(1) by inserting after ‘‘design’’ the following: ‘‘, construc-
tion,’’; and
(2) by inserting before ‘‘wastewater treatment’’ the fol-
lowing: ‘‘navigation and inland harbor improvement and expan-
sion,’’.
SEC. 120. ST. CROIX FALLS ENVIRONMENTAL INFRASTRUCTURE,
WISCONSIN. ADDITIONAL ASSISTANCE.—Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 335; 114 Stat. 2763A–220) is amended by adding
at the end the following:
‘‘(73) ST. CROIX FALLS, WISCONSIN.—$5,000,000 for waste
water infrastructure, St. Croix Falls, Wisconsin.’’.
SEC. 121. BURNS HARBOR, INDIANA. The Secretary of the Army,
acting through the Chief of Engineers, is authorized and directed
to dredge sediments, at 100 percent Federal cost, in the vicinity
of the Bailey (NIPSCO) intake structure that is approximately
5,000 feet east of and 2,300 feet north of the northern most point
of the Burns Waterway Harbor Breakwater authorized by Public
Law 89–298.
SEC. 122. (a) The Secretary of the Army, acting through the
Chief of Engineers, is authorized and directed to transfer the unex-
pended balance of funds appropriated in fiscal years 2003 and
2004 for the Duck River Water Supply Infrastructure Project,
Cullman, Alabama, to the Appalachian Regional Commission.
(b) Funds transferred pursuant to subsection (a) of this section
may be used for planning, engineering, and construction activities
on the Duck River Water Supply Infrastructure Project under the
Memorandum of Agreement between the Appalachian Regional
Commission and the Army Corps of Engineers and may be used
to reimburse the City of Cullman, Alabama, for expenses incurred
by the City for planning and environmental work associated with
the Project.
SEC. 123. With the funds previously provided under the account
heading ‘‘Flood Control and Coastal Emergencies’’, the Secretary
of the Army, acting through the Chief of Engineers is directed
to provide assistance to Yakutat, Alaska Dam.
SEC. 124. The Secretary of the Army, acting through the Chief
of Engineers, shall not implement changes to existing shoreline
protection policies that have not been specifically authorized by
Congress.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $46,275,000, to remain available until
expended, of which $15,469,000 shall be deposited into the Utah
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118 STAT. 2947
PUBLIC LAW 108–447—DEC. 8, 2004
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,734,000,
to remain available until expended.
BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, Indian tribes,
and others, $859,481,000, to remain available until expended, of
which $53,299,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $33,794,000 shall be available
for transfer to the Lower Colorado River Basin Development Fund;
of which such amounts as may be necessary may be advanced
to the Colorado River Dam Fund; of which not more than $500,000
is for high priority projects which shall be carried out by the
Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Pro-
vided further, That such transfers may be increased or decreased
within the overall appropriation under this heading: Provided fur-
ther, That of the total appropriated, the amount for program activi-
ties can be financed by the Reclamation Fund or the Bureau of
Reclamation special fee account established by 16 U.S.C. 460l–
6a(i) shall be derived from that Fund or account: Provided further,
That funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which contributed: Provided further,
That $250,000 is provided under the Weber Basin project for the
Park City, Utah feasibility study: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That funds
available for expenditure for the Departmental Irrigation Drainage
Program may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $54,695,000, to be derived from
such sums as may be collected in the Central Valley Project Restora-
tion Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and
3406(c)(1) of Public Law 102–575, to remain available until
expended: Provided, That the Bureau of Reclamation is directed
to assess and collect the full amount of the additional mitigation
and restoration payments authorized by section 3407(d) of Public
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118 STAT. 2948
PUBLIC LAW 108–447—DEC. 8, 2004
Law 102–575: Provided further, That none of the funds made avail-
able under this heading may be used for the acquisition or leasing
of water for in-stream purposes if the water is already committed
to in-stream purposes by a court adopted decree or order.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until expended, $58,153,000 to be derived from
the Reclamation Fund and be nonreimbursable as provided in 43
U.S.C. 377: Provided, That no part of any other appropriation
in this Act shall be available for activities or functions budgeted
as policy and administration expenses.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed 14 passenger motor vehicles, of which
11 are for replacement only.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDP-
Alternative Repayment Plan’’ described in the report entitled
‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995’’, prepared by
the Department of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or providing
for, drainage service or drainage studies for the San Luis Unit
shall be fully reimbursable by San Luis Unit beneficiaries of such
service or studies pursuant to Federal reclamation law.
SEC. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries
and expenses of personnel to purchase or lease water in the Middle
Rio Grande or the Carlsbad Projects in New Mexico unless said
purchase or lease is in compliance with the purchase requirements
of section 202 of Public Law 106–60.
SEC. 203. LOWER COLORADO RIVER BASIN DEVELOPMENT. (a)
IN GENERAL.—Notwithstanding section 403(f) of the Colorado River
Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower
Colorado River Basin Development Fund shall be paid to the general
fund of the Treasury until each provision of the revised Stipulation
Regarding a Stay and for Ultimate Judgment Upon the Satisfaction
of Conditions, filed in United States District Court on April 24,
43 USC 1543
note.
New Mexico.
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118 STAT. 2949
PUBLIC LAW 108–447—DEC. 8, 2004
2003, in Central Arizona Water Conservation District v. United
States (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95–1720–OHX–
EHC (Consolidated Action)), and any amendment or revision
thereof, is met.
(b) PAYMENT TO GENERAL FUND.—If any of the provisions of
the stipulation referred to in subsection (a) are not met by the
date that is 10 years after the date of enactment of this Act,
payments to the general fund of the Treasury shall resume in
accordance with section 403(f) of the Colorado River Basin Project
Act (43 U.S.C. 1543(f)).
(c) AUTHORIZATION.—Amounts in the Lower Colorado River
Basin Development Fund that but for this section would be returned
to the general fund of the Treasury shall not be expended until
further Act of Congress.
SEC. 204. Funds under this title for Drought Emergency Assist-
ance shall be made available primarily for leasing of water for
specified drought related purposes from willing lessors, in compli-
ance with existing State laws and administered under State water
priority allocation. Such leases may be entered into with an option
to purchase: Provided, That such purchase is approved by the
State in which the purchase takes place and the purchase does
not cause economic harm within the State in which the purchase
is made.
SEC. 205. (a) Notwithstanding any other provision of law and
hereafter, the Secretary of the Interior, acting through the Commis-
sioner of the Bureau of Reclamation, may not obligate funds, and
may not use discretion, if any, to restrict, reduce or reallocate
any water stored in Heron Reservoir or delivered pursuant to San
Juan-Chama Project contracts, including execution of said contracts
facilitated by the Middle Rio Grande Project, to meet the require-
ments of the Endangered Species Act, unless such water is acquired
or otherwise made available from a willing seller or lessor and
the use is in compliance with the laws of the State of New Mexico,
including but not limited to, permitting requirements.
(b) Complying with the reasonable and prudent alternatives
and the incidental take limits defined in the Biological Opinion
released by the United States Fish and Wildlife Service dated
March 17, 2003 combined with efforts carried out pursuant to
Public Law 106–377, Public Law 107–66, and Public Law 108–
7 fully meet all requirements of the Endangered Species Act (16
U.S.C. 1531 et seq.) for the conservation of the Rio Grande Silvery
Minnow (Hybognathus amarus) and the Southwestern Willow
Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande
in New Mexico.
(c) This section applies only to those Federal agencies and
non-Federal actions addressed in the March 17, 2003 Biological
Opinion.
(d) Subsection (b) will remain in effect until March 16, 2013.
SEC. 206. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to enter
into grants, cooperative agreements, and other agreements with
irrigation or water districts and States to fund up to 50 percent
of the cost of planning, designing, and constructing improvements
that will conserve water, increase water use efficiency, or enhance
water management through measurement or automation, at
existing water supply projects within the States identified in the
Act of June 17, 1902, as amended, and supplemented: Provided,
Grants.
Contracts.
Termination
date.
Applicability.
Deadline.
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118 STAT. 2950
PUBLIC LAW 108–447—DEC. 8, 2004
That when such improvements are to federally owned facilities,
such funds may be provided in advance on a non-reimbursable
basis to an entity operating affected transferred works or may
be deemed non-reimbursable for non-transferred works: Provided
further, That the calculation of the non-Federal contribution shall
provide for consideration of the value of any in-kind contributions,
but shall not include funds received from other Federal agencies:
Provided further, That the cost of operating and maintaining such
improvements shall be the responsibility of the non-Federal entity:
Provided further, That this section shall not supercede any existing
project-specific funding authority: Provided further, That the Sec-
retary is also authorized to enter into grants or cooperative agree-
ments with universities or non-profit research institutions to fund
water use efficiency research.
SEC. 207. ANIMAS-LA PLATA NON-INDIAN SPONSOR OBLIGATIONS.
In accordance with the nontribal repayment obligation specified
in Subsection 6(a)(3)(B) of the Colorado Ute Indian Rights Settle-
ment Act of 1988 (Public Law 100–585), as amended by the Colorado
Ute Settlement Act Amendments of 2000 (Public Law 106–554),
the reimbursable cost upon which the cost allocation shall be based
shall not exceed $43,000,000, plus interest during construction for
those parties not utilizing the up front payment option, of the
first $500,000,000 (January 2003 price level) of the total project
costs. Consequently, the Secretary may forgive the obligation of
the non-Indian sponsors relative to the $163,000,000 increase in
estimated total project costs that occurred in 2003.
SEC. 208. MONTANA
WATER
CONTRACTS
EXTENSION. (a)
AUTHORITY TO EXTEND.—The Secretary of the Interior may extend
each of the water contracts listed in subsection (b) until the earlier
of—
(1) the expiration of the 2-year period beginning on the
date on which the contract would expire but for this section;
or
(2) the date on which a new long-term water contract
is executed by the parties to the contract listed in subsection
(b).
(b) EXTENDED CONTRACTS.—The water contracts referred to
in subsection (a) are the following:
(1) Contract Number 14–06–600–2078, as amended, for
purchase of water between the United States of America and
the City of Helena, Montana.
(2) Contract Number 14–06–600–2079, as amended,
between the United States of America and the Helena Valley
Irrigation District for water service.
(3) Contract Number 14–06–600–8734, as amended,
between the United States of America and the Toston Irrigation
District for water service.
(4) Contract Number 14–06–600–3592, as amended,
between the United States and the Clark Canyon Water Supply
Company, Inc., for water service and for a supplemental supply.
(5) Contract Number 14–06–600–3593, as amended,
between the United States and the East Bench Irrigation Dis-
trict for water service.
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118 STAT. 2951
PUBLIC LAW 108–447—DEC. 8, 2004
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy supply activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed 9
passenger motor vehicles for replacement only, and one ambulance,
$946,272,000, to remain available until expended.
NON-DEFENSE SITE ACCELERATION COMPLETION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental manage-
ment site acceleration completion activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $151,850,000, to remain available until
expended.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions,
and other activities of title II of the Atomic Energy Act of 1954,
as amended, and title X, subtitle A, of the Energy Policy Act
of 1992, $499,007,000, to be derived from the Fund, to remain
available until expended, of which $80,000,000 shall be available
in accordance with title X, subtitle A, of the Energy Policy Act
of 1992.
NON-DEFENSE ENVIRONMENTAL SERVICES
For Department of Energy expenses necessary for non-defense
environmental services activities that indirectly support the acceler-
ated cleanup and closure mission at environmental management
sites, including the purchase, construction, and acquisition of plant
and capital equipment and other necessary expenses, $291,296,000,
to remain available until expended.
SCIENCE
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
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118 STAT. 2952
PUBLIC LAW 108–447—DEC. 8, 2004
real property or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed four passenger
motor vehicles for replacement only, including not to exceed one
ambulance, $3,628,902,000, to remain available until expended.
NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $346,000,000,
to remain available until expended: Provided, That of the funds
made available in this Act for Nuclear Waste Disposal, $2,000,000
shall be provided to the State of Nevada solely for expenditures,
other than salaries and expenses of State employees, to conduct
scientific oversight responsibilities and participate in licensing
activities pursuant to the Nuclear Waste Policy Act of 1982, Public
Law 97–425, as amended: Provided further, That $8,000,000 shall
be provided to affected units of local governments, as defined in
Public Law 97–425, to conduct scientific oversight responsibilities
and participate in licensing activities pursuant to the Act: Provided
further, That the distribution of the funds as determined by the
units of local government shall be approved by the Department
of Energy: Provided further, That the funds for the State of Nevada
shall be made available solely to the Nevada Division of Emergency
Management by direct payment and units of local government by
direct payment: Provided further, That within 90 days of the comple-
tion of each Federal fiscal year, the Nevada Division of Emergency
Management and the Governor of the State of Nevada and each
local entity shall provide certification to the Department of Energy
that all funds expended from such payments have been expended
for activities authorized by Public Law 97–425 and this Act: Pro-
vided further, That failure to provide such certification shall cause
such entity to be prohibited from any further funding provided
for similar activities: Provided further, That none of the funds
herein appropriated may be: (1) used directly or indirectly to influ-
ence legislative action on any matter pending before Congress or
a State legislature or for lobbying activity as provided in 18 U.S.C.
1913; (2) used for litigation expenses; or (3) used to support multi-
State efforts or other coalition building activities inconsistent with
the restrictions contained in this Act: Provided further, That all
proceeds and recoveries realized by the Secretary in carrying out
activities authorized by the Nuclear Waste Policy Act of 1982,
Public Law 97–425, as amended, including but not limited to,
any proceeds from the sale of assets, shall be available without
further appropriation and shall remain available until expended.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the hire of passenger motor vehicles and official
reception and representation expenses (not to exceed $35,000),
$240,426,000, to remain available until expended, plus such addi-
tional amounts as necessary to cover increases in the estimated
amount of cost of work for others notwithstanding the provisions
Lobbying.
Deadline.
Certification.
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118 STAT. 2953
PUBLIC LAW 108–447—DEC. 8, 2004
of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue increases
of the same or greater amount, to remain available until expended:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $122,000,000 in fiscal
year 2005 may be retained and used for operating expenses within
this account, and may remain available until expended, as author-
ized by section 201 of Public Law 95–238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous reve-
nues received during fiscal year 2005, and any related unappropri-
ated receipt account balances remaining from prior years’ miscella-
neous revenues, so as to result in a final fiscal year 2005 appropria-
tion from the general fund estimated at not more than $118,426,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $41,508,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion; and
the purchase of not to exceed 19 passenger motor vehicles, for
replacement only, including not to exceed two buses; $6,226,471,000,
together with $300,000,000 to be derived by transfer from the
Department of Defense, to remain available until expended: Pro-
vided, That the Secretary of Defense shall reduce proportionately
each program, project, and activity funded by appropriations in
titles I through VI of the Department of Defense Appropriations
Act, 2005 (Public Law 108–287) to fund this transfer: Provided
further, That $91,100,000 is authorized to be appropriated for
Project 01–D–108, Microsystems and engineering sciences applica-
tions (MESA), Sandia National Laboratories, Albuquerque, New
Mexico: Provided further, That $40,000,000 is authorized to be
appropriated for Project 04–D–125, chemistry and metallurgy
facility replacement project, Los Alamos Laboratory, Los Alamos,
New Mexico: Provided further, That $1,500,000 is authorized to
be appropriated for Project 04–D–103, Project engineering and
design (PED), various locations: Provided further, That a plant
or construction project for which amounts are made available under
this heading but not exclusive to the Atomic Energy Defense
Weapons Activities account, with a current estimated cost of less
than $10,000,000 is considered for purposes of section 3622 of
Public Law 107–314 as a plant project for which the approved
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118 STAT. 2954
PUBLIC LAW 108–447—DEC. 8, 2004
total estimated cost does not exceed the minor construction
threshold and for purposes of section 3623 of Public Law 107–
314 as a construction project with a current estimated cost of
less than the minor construction threshold.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense,
defense nuclear nonproliferation activities, in carrying out the pur-
poses of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,420,397,000, to remain available until
expended.
NAVAL REACTORS
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and 
capital 
equipment, 
facilities, 
and 
facility 
expansion,
$807,900,000, to remain available until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Administrator in
the National Nuclear Security Administration, including official
reception and representation expenses (not to exceed $12,000),
$356,200,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE SITE ACCELERATION COMPLETION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense site acceleration
completion activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$6,096,429,000, to remain available until expended.
DEFENSE ENVIRONMENTAL SERVICES
For Department of Energy expenses necessary for defense-
related environmental services activities that indirectly support
the accelerated cleanup and closure mission at environmental
management sites, including the purchase, construction, and
acquisition of plant and capital equipment and other necessary
expenses, and the purchase of not to exceed three ambulances
for replacement only, $937,976,000, to remain available until
expended.
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118 STAT. 2955
PUBLIC LAW 108–447—DEC. 8, 2004
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition, construc-
tion, or expansion, $692,691,000, to remain available until
expended.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $231,000,000,
to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$1,500. During fiscal year 2005, no new direct loan obligations
may be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to the provisions of section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$5,200,000, to remain available until expended: Provided, That
notwithstanding the provisions of 31 U.S.C. 3302, up to $34,000,000
collected by the Southeastern Power Administration pursuant to
the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose
of making purchase power and wheeling expenditures.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out the provisions of
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southwestern power area, $29,352,000, to remain
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118 STAT. 2956
PUBLIC LAW 108–447—DEC. 8, 2004
available until expended: Provided, That, notwithstanding the provi-
sions of 31 U.S.C. 3302, up to $2,900,000 collected by the South-
western Power Administration pursuant to the Flood Control Act
to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and
wheeling expenditures; in addition, notwithstanding 31 U.S.C. 3302,
beginning in fiscal year 2005 and thereafter, such funds as are
received by the Southwestern Power Administration from any State,
municipality, corporation, association, firm, district, or individual
as advance payment for work that is associated with Southwestern’s
transmission facilities, consistent with that authorized in section
5 of the Flood Control Act, shall be credited to this account and
be available until expended.
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, including official reception and
representation expenses in an amount not to exceed $1,500;
$173,100,000, to remain available until expended, of which
$167,236,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $10,000,000 shall be available until expended on a non-
reimbursable basis to the Western Area Power Administration to
design, construct, operate and maintain transmission facilities and
services for the Animas-LaPlata Project as authorized by section
301(b)(10) of Public Law 106–554: Provided further, That of the
amount herein appropriated, $6,200,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title
IV of the Reclamation Projects Authorization and Adjustment Act
of 1992: Provided further, That of the amount herein appropriated,
$6,000,000 shall be available until expended on a nonreimbursable
basis to the Western Area Power Administration for Topock-Davis-
Mead Transmission Line Upgrades: Provided further, That notwith-
standing the provision of 31 U.S.C. 3302, up to $227,600,000 col-
lected by the Western Area Power Administration pursuant to
the Flood Control Act of 1944 and the Reclamation Project Act
of 1939 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase power
and wheeling expenditures.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $2,827,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 423
of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995.
16 USC 825s–4.
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118 STAT. 2957
PUBLIC LAW 108–447—DEC. 8, 2004
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles,
and official reception and representation expenses (not to exceed
$3,000), $210,000,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed
$210,000,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2005 shall be retained and
used for necessary expenses in this account, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2005 so as to result in a final
fiscal year 2005 appropriation from the general fund estimated
at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a)(1) None of the funds in this or any other appropria-
tions Act for fiscal year 2005 or any previous fiscal year may
be used to make payments for a noncompetitive management and
operating contract unless the Secretary of Energy has published
in the Federal Register and submitted to the Committees on Appro-
priations of the House of Representatives and the Senate a written
notification, with respect to each such contract, of the Secretary’s
decision to use competitive procedures for the award of the contract,
or to not renew the contract, when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up to
2 years of a noncompetitive management and operating contract,
if the extension is for purposes of allowing time to award competi-
tively a new contract, to provide continuity of service between
contracts, or to complete a contract that will not be renewed.
(b) In this section:
(1) The term ‘‘noncompetitive management and operating
contract’’ means a contract that was awarded more than 50
years ago without competition for the management and oper-
ation of Ames Laboratory, Argonne National Laboratory, Law-
rence Berkeley National Laboratory, Lawrence Livermore
National Laboratory, and Los Alamos National Laboratory.
(2) The term ‘‘competitive procedures’’ has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described
in section 303 of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
(c) For all management and operating contracts other than
those listed in subsection (b)(1), none of the funds appropriated
by this Act may be used to award a management and operating
contract, or award a significant extension or expansion to an
existing management and operating contract, unless such contract
is awarded using competitive procedures or the Secretary of Energy
Federal Register,
publication.
Notification.
42 USC 7171
note.
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PUBLIC LAW 108–447—DEC. 8, 2004
grants, on a case-by-case basis, a waiver to allow for such a devi-
ation. The Secretary may not delegate the authority to grant such
a waiver. At least 60 days before a contract award for which
the Secretary intends to grant such a waiver, the Secretary shall
submit to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a report notifying the Committees
of the waiver and setting forth, in specificity, the substantive rea-
sons why the Secretary believes the requirement for competition
should be waived for this particular award.
SEC. 302. None of the funds appropriated by this Act may
be used to—
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161
of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 42 U.S.C. 7274h).
SEC. 303. None of the funds appropriated by this Act may
be used to augment the funds made available for obligation by
this Act for severance payments and other benefits and community
assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484; 42
U.S.C. 7274h) unless the Department of Energy submits a re-
programming request subject to approval by the appropriate
congressional committees.
SEC. 304. None of the funds appropriated by this Act may
be used to prepare or initiate Requests For Proposals (RFPs) for
a program if the program has not been funded by Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities established pursuant to this title.
Balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one
fund for the same time period as originally enacted.
SEC. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may
be used to enter into any agreement to perform energy efficiency
services outside the legally defined Bonneville service territory,
with the exception of services provided internationally, including
services provided on a reimbursable basis, unless the Administrator
certifies in advance that such services are not available from private
sector businesses.
SEC. 307. When the Department of Energy makes a user facility
available to universities or other potential users, or seeks input
from universities or other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation
of a university or other potential user as a formal partner in
the establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a partner.
For purposes of this section, the term ‘‘user facility’’ includes, but
is not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
Deadline.
Reports.
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PUBLIC LAW 108–447—DEC. 8, 2004
National Nuclear Security Administration Defense Programs Tech-
nology Deployment Center/User Facility; and (3) any other Depart-
mental facility designated by the Department as a user facility.
SEC. 308. The Administrator of the National Nuclear Security
Administration may authorize the manager of a covered nuclear
weapons research, development, testing or production facility to
engage in research, development, and demonstration activities with
respect to the engineering and manufacturing capabilities at such
facility in order to maintain and enhance such capabilities at such
facility: Provided, That of the amount allocated to a covered nuclear
weapons facility each fiscal year from amounts available to the
Department of Energy for such fiscal year for national security
programs, not more than an amount equal to 2 percent of such
amount may be used for these activities: Provided further, That
for purposes of this section, the term ‘‘covered nuclear weapons
facility’’ means the following:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Y–12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
(5) The Nevada Test Site.
SEC. 309. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2005 until the enactment of
the Intelligence Authorization Act for fiscal year 2005.
SEC. 310. (a) The Secretary of Energy was directed to file
a permit modification to the Waste Analysis Plan (WAP) and associ-
ated provisions contained in the Hazardous Waste Facility Permit
for the Waste Isolation Pilot Plant (WIPP). For purposes of deter-
mining hereafter compliance of the modifications to the WAP with
the hazardous waste analysis requirements of the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.), or other applicable laws
waste confirmation for all waste received for storage and disposal
shall be limited to: (1) confirmation that the waste contains no
ignitable, corrosive, or reactive waste through the use of either
radiography or visual examination of a statistically representative
subpopulation of the waste; and (2) review of the Waste Stream
Profile Form to verify that the waste contains no ignitable, corrosive,
or reactive waste and that assigned Environmental Protection
Agency hazardous waste numbers are allowed for storage and dis-
posal by the WIPP Hazardous Waste Facility Permit.
(b) Compliance with the disposal room performance standards
of the WAP hereafter shall be demonstrated exclusively by moni-
toring airborne volatile organic compounds in underground disposal
rooms in which waste has been emplaced until panel closure.
SEC. 311. Section 3113 of Public Law 102–486 (42 U.S.C.
2297h–11) is amended by adding a new paragraph (4) to subsection
(a), as follows:
‘‘(4) In the event that a licensee requests the Secretary
to accept for disposal depleted uranium pursuant to this sub-
section, the Secretary shall be required to take title to and
possession of such depleted uranium at an existing DUF6 stor-
age facility.’’.
SEC. 312. The Department of Energy may use the funds appro-
priated by this Act to undertake any procurement action necessary
50 USC 2812
note.
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to achieve its small business contracting goals set forth in subsection
(g) of the Small Business Act, 15 U.S.C. 644(g): Provided, That,
none of the funds appropriated by this Act may be used by the
Department of Energy for procurement actions resulting from the
break-out of requirements from current facility management and
operating contracts unless, consistent with requirements of Subpart
19.4 of the Federal Acquisition Regulation, the Secretary of Energy
or his duly authorized designee formally requests, considers, and
renders an appropriate decision on the views of the Small Business
Administration Breakout Procurement Center Representative or
the Representative’s duly authorized designee concerning cost
effectiveness, mission performance, security, safety, small business
participation, and other legitimate acquisition objectives of procure-
ment actions at issue. No later than April 1, 2005, the Secretary
of Energy shall submit a report to the Comptroller General and
to Congress discussing the Secretary’s plans required by section
15(h) of the Small Business Act, 15 U.S.C. 644(h), for meeting
the Department’s statutory small business contracting goals while
taking into account other legitimate acquisition objectives. In pre-
paring the report, the Secretary shall request and consider the
views of the Administrator of the Small Business Administration
and the Director of the Office of Small and Disadvantaged Business
Utilization of the Department of Energy. The report shall discuss
the Department’s policies and activities concerning break-outs of
procurement requirements from current management and operating
contracts, consistent with requirements of this Act, section 15(h)
of the Small Business Act, and Subpart 19.4 of the Federal Acquisi-
tion Regulations.
SEC. 313. None of the funds appropriated by this Act may
be used by the Department of Energy to require its management
and operating contractors to perform contract management, over-
sight, or administration functions prohibited by section 7.503 of
the Federal Acquisition Regulation in connection with any small
business prime contract awarded by the Department of Energy.
SEC. 314. None of the funds in this Act may be used to dispose
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains concentrations of plutonium in excess of 20 percent by weight
for the aggregate of any material category on the date of enactment
of this Act, or is generated after such date. For the purpose of
this section, the material categories of transuranic waste at the
Rocky Flats Environmental Technology Site include: (1) ash resi-
dues; (2) salt residue; (3) wet residues; (4) direct repackage residues;
and (5) scrub alloy as referenced in the ‘‘Final Environmental
Impact Statement on Management of Certain Plutonium Residues
and Scrub Alloy Stored at the Rocky Flats Environmental Tech-
nology Site’’.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
for necessary expenses for the Federal Co-Chairman and the alter-
nate on the Appalachian Regional Commission, for payment of
Deadline.
Reports.
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the Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $66,000,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy
Act of 1954, as amended by Public Law 100–456, section 1441,
$20,268,000, to remain available until expended.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, as amended, notwithstanding sections
382C(b)(2), 382F(d), and 382M(b) of said Act, $6,048,000, to remain
available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $67,000,000 nothwithstanding the
limitations contained in section 306(g) of the Denali Commission
Act of 1998, $2,500,000, to remain available until expended: Pro-
vided, That of the amounts provided to the Denali Commission,
$5,000,000 is for community showers and washeteria in villages
with homes with no running water; $13,000,000 is for the Juneau/
Green’s Creek/Hoonah Intertie project; $3,200,000 is for the Swan
Lake/Tyee Intertie project; $5,000,000 is for multi-purpose commu-
nity facilities including the Bering Straits Region, Dillingham,
Moose Pass, Sterling, Funny River, Eclutna, and Anchor Point;
$10,000,000 is for teacher housing in remote villages such as
Savoogna, Allakakaet, Hughes, Huslia, Minto, Nulato, and Ruby
where there is limited housing available for teachers; $10,000,000
is for facilities serving Native elders and senior citizens; and
$5,000,000 is for: (1) the Rural Communications service to provide
broadcast facilities in communities with no television or radio sta-
tion; (2) the Public Broadcasting Digital Distribution Network to
link rural broadcasting facilities together to improve economies
of scale, share programming, and reduce operating costs; and (3)
rural public broadcasting facilities and equipment upgrades.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as amended,
and the Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), and purchase of
promotional items for use in the recruitment of individuals for
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118 STAT. 2962
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employment, $662,777,000, to remain available until expended: Pro-
vided, That of the amount appropriated herein, $69,050,000 shall
be derived from the Nuclear Waste Fund: Provided further, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $534,354,000 in fiscal year 2005 shall
be retained and used for necessary salaries and expenses in this
account, notwithstanding 31 U.S.C. 3302, and shall remain avail-
able until expended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues received during
fiscal year 2005 so as to result in a final fiscal year 2005 appropria-
tion estimated at not more than $128,423,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $7,518,000, to remain available until expended: Pro-
vided, That revenues from licensing fees, inspection services, and
other services and collections estimated at $6,766,200 in fiscal
year 2005 shall be retained and be available until expended, for
necessary salaries and expenses in this account, notwithstanding
31 U.S.C. 3302: Provided further, That the sum herein appropriated
shall be reduced by the amount of revenues received during fiscal
year 2005 so as to result in a final fiscal year 2005 appropriation
estimated at not more than $751,800.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,177,000, to be derived from the Nuclear Waste Fund, and to
remain available until expended.
TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. 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. 503. None of the funds made available in this Act may
be used to deny requests for the public release of documents or
evidence obtained through or in the Western Energy Markets:
Enron Investigation (Docket No. PA02–2), the California Refund
case (Docket No. EL00–95), the Anomalous Bidding Investigation
(Docket No. IN03–10), or the Physical Withholding Investigation.
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118 STAT. 2963
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 504. EXTENSION OF PROHIBITION OF OIL AND GAS DRILLING
IN THE GREAT LAKES. Section 503 of the Energy and Water Develop-
ment Appropriations Act, 2002 (115 Stat. 512), as amended, is
amended by striking ‘‘2005’’ and inserting ‘‘2007’’.
SEC. 505. The Secretary of the Army is hereby authorized,
without further appropriation, to transfer and advance funds to
the Administrator of the Bonneville Power Administration for the
purposes necessary to carry out joint activities in connection with
section 2406 of the Energy Policy Act of 1992.
SEC. 506. VOTING METHOD FOR DELTA REGIONAL AUTHORITY.
Section 382B(c)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009aa–1(c)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘2004’’ and inserting
‘‘2008’’; and
(2) in subparagraph (B), by striking ‘‘2005’’ and inserting
‘‘2009’’.
TITLE VI—REFORM OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VAL-
LEY AUTHORITY
SEC. 601. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE
BOARD OF DIRECTORS OF THE TENNESSEE VALLEY
AUTHORITY.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831
et seq.) is amended by striking section 2 and inserting the following:
‘‘SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF
DIRECTORS.
‘‘(a) MEMBERSHIP.—
‘‘(1) APPOINTMENT.—The Board of Directors of the Corpora-
tion (referred to in this Act as the ‘Board’) shall be composed
of 9 members appointed by the President by and with the
advice and consent of the Senate, at least 7 of whom shall
be a legal resident of the service area of the Corporation.
‘‘(2) CHAIRMAN.—The members of the Board shall select
1 of the members to act as chairman of the Board.
‘‘(b) QUALIFICATIONS.—To be eligible to be appointed as a
member of the Board, an individual—
‘‘(1) shall be a citizen of the United States;
‘‘(2) shall have management expertise relative to a large
for-profit or nonprofit corporate, government, or academic struc-
ture;
‘‘(3) shall not be an employee of the Corporation;
‘‘(4) shall make full disclosure to Congress of any invest-
ment or other financial interest that the individual holds in
the energy industry; and
‘‘(5) shall affirm support for the objectives and missions
of the Corporation, including being a national leader in techno-
logical innovation, low-cost power, and environmental steward-
ship.
‘‘(c) RECOMMENDATIONS.—In appointing members of the Board,
the President shall—
‘‘(1) consider recommendations from such public officials
as—
16 USC 831a.
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118 STAT. 2964
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‘‘(A) the Governors of States in the service area;
‘‘(B) individual citizens;
‘‘(C) business, industrial, labor, electric power distribu-
tion, environmental, civic, and service organizations; and
‘‘(D) the congressional delegations of the States in the
service area; and
‘‘(2) seek qualified members from among persons who
reflect the diversity, including the geographical diversity, and
needs of the service area of the Corporation.
‘‘(d) TERMS.—
‘‘(1) IN GENERAL.—A member of the Board shall serve a
term of 5 years. A member of the Board whose term has
expired may continue to serve after the member’s term has
expired until the date on which a successor takes office, except
that the member shall not serve beyond the end of the session
of Congress in which the term of the member expires.
‘‘(2) VACANCIES.—A member appointed to fill a vacancy
on the Board occurring before the expiration of the term for
which the predecessor of the member was appointed shall be
appointed for the remainder of that term.
‘‘(e) QUORUM.—
‘‘(1) IN GENERAL.—Five of the members of the Board shall
constitute a quorum for the transaction of business.
‘‘(2) VACANCIES.—A vacancy on the Board shall not impair
the power of the Board to act.
‘‘(f) COMPENSATION.—
‘‘(1) IN GENERAL.—A member of the Board shall be entitled
to receive—
‘‘(A) a stipend of—
‘‘(i) $45,000 per year; or
‘‘(ii)(I) in the case of the chairman of any committee
of the Board created by the Board, $46,000 per year;
or
‘‘(II) in the case of the chairman of the Board,
$50,000 per year; and
‘‘(B) travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed inter-
mittently in Government service under section 5703 of
title 5, United States Code.
‘‘(2) ADJUSTMENTS IN STIPENDS.—The amount of the stipend
under paragraph (1)(A)(i) shall be adjusted by the same percent-
age, at the same time and manner, and subject to the same
limitations as are applicable to adjustments under section 5318
of title 5, United States Code.
‘‘(g) DUTIES.—
‘‘(1) IN GENERAL.—The Board shall—
‘‘(A) establish the broad goals, objectives, and policies
of the Corporation that are appropriate to carry out this
Act;
‘‘(B) develop long-range plans to guide the Corporation
in achieving the goals, objectives, and policies of the Cor-
poration and provide assistance to the chief executive
officer to achieve those goals, objectives, and policies;
‘‘(C) ensure that those goals, objectives, and policies
are achieved;
‘‘(D) approve an annual budget for the Corporation;
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PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(E) adopt and submit to Congress a conflict-of-interest
policy applicable to members of the Board and employees
of the Corporation;
‘‘(F) establish a compensation plan for employees of
the Corporation in accordance with subsection (i);
‘‘(G) approve all compensation (including salary or any
other pay, bonuses, benefits, incentives, and any other form
of remuneration) of all managers and technical personnel
that report directly to the chief executive officer (including
any adjustment to compensation);
‘‘(H) ensure that all activities of the Corporation are
carried out in compliance with applicable law;
‘‘(I) create an audit committee, composed solely of
Board members independent of the management of the
Corporation, which shall—
‘‘(i) in consultation with the inspector general of
the Corporation, recommend to the Board an external
auditor;
‘‘(ii) receive and review reports from the external
auditor of the Corporation and inspector general of
the Corporation; and
‘‘(iii) make such recommendations to the Board
as the audit committee considers necessary;
‘‘(J) create such other committees of Board members
as the Board considers to be appropriate;
‘‘(K) conduct such public hearings as it deems appro-
priate on issues that could have a substantial effect on—
‘‘(i) the electric ratepayers in the service area; or
‘‘(ii) the economic, environmental, social, or phys-
ical well-being of the people of the service area;
‘‘(L) establish the electricity rates charged by the Cor-
poration; and
‘‘(M) engage the services of an external auditor for
the Corporation.
‘‘(2) MEETINGS.—The Board shall meet at least 4 times
each year.
‘‘(h) CHIEF EXECUTIVE OFFICER.—
‘‘(1) APPOINTMENT.—The Board shall appoint a person to
serve as chief executive officer of the Corporation.
‘‘(2) QUALIFICATIONS.—
‘‘(A) IN GENERAL.—To serve as chief executive officer
of the Corporation, a person—
‘‘(i) shall have senior executive-level management
experience in large, complex organizations;
‘‘(ii) shall not be a current member of the Board
or have served as a member of the Board within 2
years before being appointed chief executive officer;
and
‘‘(iii) shall comply with the conflict-of-interest
policy adopted by the Board.
‘‘(B) EXPERTISE.—In appointing a chief executive
officer, the Board shall give particular consideration to
appointing an individual with expertise in the electric
industry and with strong financial skills.
‘‘(3) TENURE.—The chief executive officer shall serve at
the pleasure of the Board.
‘‘(i) COMPENSATION PLAN.—
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118 STAT. 2966
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‘‘(1) IN GENERAL.—The Board shall approve a compensation
plan that specifies all compensation (including salary or any
other pay, bonuses, benefits, incentives, and any other form
of remuneration) for the chief executive officer and employees
of the Corporation.
‘‘(2) ANNUAL
SURVEY.—The compensation plan shall be
based on an annual survey of the prevailing compensation
for similar positions in private industry, including engineering
and electric utility companies, publicly owned electric utilities,
and Federal, State, and local governments.
‘‘(3) CONSIDERATIONS.—The compensation plan shall pro-
vide that education, experience, level of responsibility,
geographic differences, and retention and recruitment needs
will be taken into account in determining compensation of
employees.
‘‘(4) POSITIONS AT OR BELOW LEVEL IV.—The chief executive
officer shall determine the salary and benefits of employees
whose annual salary is not greater than the annual rate payable
for positions at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
‘‘(5) POSITIONS ABOVE LEVEL IV.—On the recommendation
of the chief executive officer, the Board shall approve the sala-
ries of employees whose annual salaries would be in excess
of the annual rate payable for positions at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.’’.
SEC. 602. CHANGE IN MANNER OF APPOINTMENT OF STAFF.
Section 3 of the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831b) is amended—
(1) by striking the first undesignated paragraph and
inserting the following:
‘‘(a) APPOINTMENT
BY
THE CHIEF EXECUTIVE OFFICER.—The
chief executive officer shall appoint, with the advice and consent
of the Board, and without regard to the provisions of the civil
service laws applicable to officers and employees of the United
States, such managers, assistant managers, officers, employees,
attorneys, and agents as are necessary for the transaction of the
business of the Corporation.’’; and
(2) by striking ‘‘All contracts’’ and inserting the following:
‘‘(b) WAGE RATES.—All contracts’’.
SEC. 603. CONFORMING AMENDMENTS.
(a) The Tennessee Valley Authority Act of 1933 (16 U.S.C.
831 et seq.) is amended—
(1) by striking ‘‘board of directors’’ each place it appears
and inserting ‘‘Board of Directors’’; and
(2) by striking ‘‘board’’ each place it appears and inserting
‘‘Board’’.
(b) Section 9 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831h) is amended—
(1) by striking ‘‘The Comptroller General of the United
States shall audit’’ and inserting the following:
‘‘(c) AUDITS.—The Comptroller General of the United States
shall audit’’; and
(2) by striking ‘‘The Corporation shall determine’’ and
inserting the following:
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PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(d) ADMINISTRATIVE ACCOUNTS AND BUSINESS DOCUMENTS.—
The Corporation shall determine’’.
(c) Title 5, United States Code, is amended—
(1) in section 5314, by striking ‘‘Chairman, Board of Direc-
tors of the Tennessee Valley Authority.’’; and
(2) in section 5315, by striking ‘‘Members, Board of Direc-
tors of the Tennessee Valley Authority.’’.
SEC. 604. APPOINTMENTS; EFFECTIVE DATE; TRANSITION.
(a) APPOINTMENTS.—
(1) IN
GENERAL.—As soon as practicable after the date
of enactment of this Act, the President shall submit to the
Senate nominations of six persons to serve as members of
the Board of Directors of the Tennessee Valley Authority in
addition to the members serving on the date of enactment
of this Act.
(2) INITIAL
TERMS.—Notwithstanding section 2(d) of the
Tennessee Valley Authority Act of 1933 (as amended by this
title), in making the appointments under paragraph (1), the
President shall appoint—
(A) two members for a term to expire on May 18,
2007;
(B) two members for a term to expire on May 18,
2009; and
(C) two members for a term to expire on May 18,
2011.
(b) EFFECTIVE DATE.—The amendments made by this title take
effect on the later of—
(1) the date on which at least three persons nominated
under subsection (a) take office; or
(2) May 18, 2005.
(c) SELECTION OF CHAIRMAN.—The Board of Directors of the
Tennessee Valley Authority shall select one of the members to
act as chairman of the Board not later than 30 days after the
effective date specified in subsection (b).
(d) CONFLICT-OF-INTEREST POLICY.—The Board of Directors of
the Tennessee Valley Authority shall adopt and submit to Congress
a conflict-of-interest policy, as required by section 2(g)(1)(E) of the
Tennessee Valley Authority Act of 1933 (as amended by this title),
as soon as practicable after the effective date specified in subsection
(b).
(e) TRANSITION.—A person who is serving as a member of
the board of directors of the Tennessee Valley Authority on the
date of enactment of this Act—
(1) shall continue to serve until the end of the current
term of the member; but
(2) after the effective date specified in subsection (b), shall
serve under the terms of the Tennessee Valley Authority Act
of 1933 (as amended by this title).
This division may be cited as the ‘‘Energy and Water Develop-
ment Appropriations Act, 2005’’.
Deadline.
President.
16 USC 831a
note.
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118 STAT. 2968
PUBLIC LAW 108–447—DEC. 8, 2004
DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS APPROPRIATIONS ACT, 2005
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Govern-
ment Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current
fiscal year may be used to make expenditures, contracts, or commit-
ments for the export of nuclear equipment, fuel, or technology
to any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the date
of the enactment of this Act: Provided further, That notwithstanding
section 1(c) of Public Law 103–428, as amended, sections 1(a) and
(b) of Public Law 103–428 shall remain in effect through October
1, 2005.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, $59,800,000, to remain available
until September 30, 2008: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall remain available until September 30, 2023,
for the disbursement of direct loans, loan guarantees, insurance
and tied-aid grants obligated in fiscal years 2005, 2006, 2007,
and 2008: Provided further, That none of the funds appropriated
by this Act or any prior Act appropriating funds for foreign oper-
ations, export financing, and related programs for tied-aid credits
or grants may be used for any other purpose except through the
regular notification procedures of the Committees on Appropria-
tions: Provided further, That funds appropriated by this paragraph
are made available notwithstanding section 2(b)(2) of the Export-
Import Bank Act of 1945, in connection with the purchase or lease
of any product by any Eastern European country, any Baltic State
or any agency or national thereof: Provided further, That not later
than 30 days after the date of enactment of this Act, the Export-
Import Bank shall submit a report to the Committees on Appropria-
tions of the House of Representatives and the Senate, containing
an analysis of the economic impact on United States producers
of ethanol of the extension of credit and financial guarantees for
the development of an ethanol dehydration plant in Trinidad and
Tobago, including a determination of whether such extension will
cause substantial injury to such producers, as defined in section
2(e)(4) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(e)(4)).
Deadline.
Reports.
Termination
date.
12 USC 635 note.
Foreign
Operations,
Export
Financing, and
Related
Programs
Appropriations
Act, 2005.
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118 STAT. 2969
PUBLIC LAW 108–447—DEC. 8, 2004
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaran-
teed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and
not to exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, $73,200,000: Pro-
vided, That the Export-Import Bank may accept, and use, payment
or services provided by transaction participants for legal, financial,
or technical services in connection with any transaction for which
an application for a loan, guarantee or insurance commitment has
been made: Provided further, That, notwithstanding subsection (b)
of section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 2005.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within
the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance pro-
grams (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed
$42,885,000: Provided further, That project-specific transaction
costs, including direct and indirect costs incurred in claims settle-
ments, and other direct costs associated with services provided
to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $24,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961,
to be derived by transfer from the Overseas Private Investment
Corporation Non-Credit Account: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such sums shall be available for direct loan obligations
and loan guaranty commitments incurred or made during fiscal
years 2005 and 2006: Provided further, That such sums shall remain
available through fiscal year 2013 for the disbursement of direct
and guaranteed loans obligated in fiscal year 2005, and through
fiscal year 2014 for the disbursement of direct and guaranteed
loans obligated in fiscal year 2006: Provided further, That notwith-
standing any other provision of law, the Overseas Private Invest-
ment Corporation is authorized to undertake any program author-
ized by title IV of the Foreign Assistance Act of 1961 in Iraq:
Provided further, That funds made available pursuant to the
authority of the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the
Termination
date.
12 USC 635a
note.
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118 STAT. 2970
PUBLIC LAW 108–447—DEC. 8, 2004
credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $51,500,000, to remain
available until September 30, 2006.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2005, unless
otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
child survival, health, and family planning/reproductive health
activities, in addition to funds otherwise available for such purposes,
$1,550,000,000, to remain available until September 30, 2006: Pro-
vided, That this amount shall be made available for such activities
as: (1) immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for children displaced or orphaned by
causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria,
and other infectious diseases, and for assistance to communities
severely affected by HIV/AIDS, including children displaced or
orphaned by AIDS; and (6) family planning/reproductive health:
Provided further, That none of the funds appropriated under this
heading may be made available for nonproject assistance, except
that funds may be made available for such assistance for ongoing
health activities: Provided further, That of the funds appropriated
under this heading, not to exceed $250,000, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of child survival, maternal and family plan-
ning/reproductive health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$345,000,000 for child survival and maternal health; $30,000,000
for vulnerable children; $350,000,000 for HIV/AIDS including not
less than $30,000,000 to support the development of microbicides
as a means for combating HIV/AIDS; $200,000,000 for other infec-
tious diseases; and $375,000,000 for family planning/reproductive
health, including in areas where population growth threatens bio-
diversity or endangered species: Provided further, That of the funds
appropriated under this heading, and in addition to funds allocated
under the previous proviso, not less than $250,000,000 shall be
Immunization.
HIV/AIDS.
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118 STAT. 2971
PUBLIC LAW 108–447—DEC. 8, 2004
made available, notwithstanding any other provision of law, except
for the United States Leadership Against HIV/AIDS, Tuberculosis
and Malaria Act of 2003 (Public Law 108–25), for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria (the ‘‘Global Fund’’), and shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That of the funds appropriated under this heading
in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004, that were withheld from obligation to
the Global Fund, not less than $87,800,000 shall be made available
to the Global Fund, notwithstanding section 202(d)(4) of Public
Law 108–25 which required such withholding from the Global Fund
in fiscal year 2004: Provided further, That the funds made available
in the previous proviso shall be subject to any withholding required
by section 202(d)(4) of Public Law 108–25 for contributions made
to the Global Fund in fiscal year 2005: Provided further, That
up to 5 percent of the aggregate amount of funds made available
to the Global Fund in fiscal year 2005 may be made available
to the United States Agency for International Development for
technical assistance related to the activities of the Global Fund:
Provided further, That of the funds appropriated under this heading
that are available for HIV/AIDS programs and activities, not less
than $27,000,000 should be made available for the International
AIDS Vaccine Initiative: Provided further, That of the funds appro-
priated under this heading, $65,000,000 should be made available
for a United States contribution to The Vaccine Fund, and up
to $6,000,000 may be transferred to and merged with funds appro-
priated by this Act under the heading ‘‘Operating Expenses of
the United States Agency for International Development’’ for costs
directly related to international health, but funds made available
for such costs may not be derived from amounts made available
for contribution under this and preceding provisos: Provided further,
That none of the funds made available in this Act nor any unobli-
gated balances from prior appropriations may be made available
to any organization or program which, as determined by the Presi-
dent of the United States, supports or participates in the manage-
ment of a program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available under
this Act may be used to pay for the performance of abortion as
a method of family planning or to motivate or coerce any person
to practice abortions: Provided further, That nothing in this para-
graph shall be construed to alter any existing statutory prohibitions
against abortion under section 104 of the Foreign Assistance Act
of 1961: Provided further, That none of the funds made available
under this Act may be used to lobby for or against abortion: Pro-
vided further, That in order to reduce reliance on abortion in devel-
oping nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral
to, or information about access to, a broad range of family planning
methods and services, and that any such voluntary family planning
project shall meet the following requirements: (1) service providers
or referral agents in the project shall not implement or be subject
to quotas, or other numerical targets, of total number of births,
number of family planning acceptors, or acceptors of a particular
method of family planning (this provision shall not be construed
to include the use of quantitative estimates or indicators for budg-
eting and planning purposes); (2) the project shall not include
Abortion.
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118 STAT. 2972
PUBLIC LAW 108–447—DEC. 8, 2004
payment of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical target
or quota of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning;
(3) the project shall not deny any right or benefit, including the
right of access to participate in any program of general welfare
or the right of access to health care, as a consequence of any
individual’s decision not to accept family planning services; (4)
the project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent
to the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical proce-
dures are provided only in the context of a scientific study in
which participants are advised of potential risks and benefits; and,
not less than 60 days after the date on which the Administrator
of the United States Agency for International Development deter-
mines that there has been a violation of the requirements contained
in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph
(4) of this proviso, the Administrator shall submit to the Committees
on Appropriations a report containing a description of such violation
and the corrective action taken by the Agency: Provided further,
That in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant’s religious or con-
scientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements
of the previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for foreign
operations, export financing, and related programs, the term ‘‘moti-
vate’’, as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That to the maximum extent feasible, taking into consider-
ation cost, timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are made
available for condom procurement shall be made available only
for the procurement of condoms manufactured in the United States:
Provided further, That information provided about the use of
condoms as part of projects or activities that are funded from
amounts appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of such
use.
DEVELOPMENT ASSISTANCE
For necessary expenses of the United States Agency for Inter-
national Development to carry out the provisions of sections 103,
105, 106, and 131, and chapter 10 of part I of the Foreign Assistance
Act of 1961, $1,460,000,000, to remain available until September
30, 2006: Provided, That $194,000,000 should be allocated for trade
capacity building: Provided further, That $300,000,000 should be
allocated for basic education: Provided further, That of the funds
appropriated under this heading and managed by the United States
Non-
discrimination.
Deadline.
Reports.
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118 STAT. 2973
PUBLIC LAW 108–447—DEC. 8, 2004
Agency for International Development Bureau of Democracy, Con-
flict, and Humanitarian Assistance, not less than $15,000,000 shall
be made available only for programs to improve women’s leadership
capacity in recipient countries: Provided further, That such funds
may not be made available for construction: Provided further, That
of the aggregate amount of the funds appropriated by this Act
that are made available for agriculture and rural development
programs, $25,000,000 should be made available for plant bio-
technology research and development: Provided further, That not
less than $2,300,000 should be made available for core support
for the International Fertilizer Development Center: Provided fur-
ther, That of the funds appropriated under this heading, not less
than $20,000,000 should be made available for the American Schools
and Hospitals Abroad program: Provided further, That of the funds
appropriated under this heading that are made available for assist-
ance programs for displaced and orphaned children and victims
of war, not to exceed $37,500, in addition to funds otherwise avail-
able for such purposes, may be used to monitor and provide over-
sight of such programs: Provided further, That funds appropriated
under this heading should be made available for programs in sub-
Saharan Africa to address sexual and gender-based violence: Pro-
vided further, That of the funds appropriated under this heading,
$2,000,000 should be made available to develop clean water treat-
ment activities in developing countries: Provided further, That of
the funds appropriated by this Act, $100,000,000 shall be made
available for drinking water supply projects and related activities.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For necessary expenses of the United States Agency for Inter-
national Development to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $335,500,000,
to remain available until expended.
In addition, for necessary expenses for assistance for famine
prevention and relief, including for mitigation of the effects of
famine, $34,500,000, to remain available until expended: Provided,
That such funds shall be made available utilizing the general
authorities of section 491 of the Foreign Assistance Act of 1961,
and shall be in addition to amounts otherwise available for such
purposes: Provided further, That funds appropriated by this para-
graph shall be available for obligation subject to prior consultation
with the Committees on Appropriations.
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $49,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support
may include assistance to develop, strengthen, or preserve demo-
cratic institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided further, That
the United States Agency for International Development shall
submit a report to the Committees on Appropriations at least 5
days prior to beginning a new program of assistance: Provided
further, That if the President determines that is important to the
Reports.
Deadline.
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118 STAT. 2974
PUBLIC LAW 108–447—DEC. 8, 2004
national interests of the United States to provide transition assist-
ance in excess of the amount appropriated under this heading,
up to $15,000,000 of the funds appropriated by this Act to carry
out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities
applicable to funds appropriated under this heading: Provided fur-
ther, That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with the
Committees on Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development, as author-
ized by sections 108 and 635 of the Foreign Assistance Act of
1961, funds may be derived by transfer from funds appropriated
by this Act to carry out part I of such Act and under the heading
‘‘Assistance for Eastern Europe and the Baltic States’’: Provided,
That such funds shall not exceed $21,000,000, which shall be made
available only for micro and small enterprise programs, urban pro-
grams, and other programs which further the purposes of part
I of the Act: Provided further, That such costs, including the cost
of modifying such direct and guaranteed loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That funds made available by this paragraph
may be used for the cost of modifying any such guaranteed loans
under this Act or prior Acts, and funds used for such costs shall
be subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That the provisions of section
107A(d) (relating to general provisions applicable to the Develop-
ment Credit Authority) of the Foreign Assistance Act of 1961,
as contained in section 306 of H.R. 1486 as reported by the House
Committee on International Relations on May 9, 1997, shall be
applicable to direct loans and loan guarantees provided under this
heading.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for Inter-
national Development, $8,000,000, which may be transferred to
and merged with the appropriation for Operating Expenses of the
United States Agency for International Development: Provided,
That funds made available under this heading shall remain avail-
able until September 30, 2007.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the ‘‘Foreign Service Retirement and Disability
Fund’’, as authorized by the Foreign Service Act of 1980,
$42,500,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $618,000,000, of which
up to $25,000,000 may remain available until September 30, 2006:
Provided, That none of the funds appropriated under this heading
Applicability.
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118 STAT. 2975
PUBLIC LAW 108–447—DEC. 8, 2004
and under the heading ‘‘Capital Investment Fund’’ may be made
available to finance the construction (including architect and
engineering services), purchase, or long-term lease of offices for
use by the United States Agency for International Development,
unless the Administrator has identified such proposed construction
(including architect and engineering services), purchase, or long-
term lease of offices in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of these
funds for such purposes: Provided further, That the previous proviso
shall not apply where the total cost of construction (including
architect and engineering services), purchase, or long-term lease
of offices does not exceed $1,000,000: Provided further, That con-
tracts or agreements entered into with funds appropriated under
this heading may entail commitments for the expenditure of such
funds through fiscal year 2006: Provided further, That none of
the funds in this Act may be used to open a new overseas mission
of the United States Agency for International Development without
the prior written notification of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of
the Foreign Assistance Act of 1961 may be exercised by the Sec-
retary of State to transfer funds appropriated to carry out chapter
1 of part I of such Act to ‘‘Operating Expenses of the United
States Agency for International Development’’ in accordance with
the provisions of those sections.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $59,000,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
for obligation only pursuant to the regular notification procedures
of the Committees on Appropriations: Provided further, That of
the amounts appropriated under this heading, not to exceed
$19,709,000 may be made available for the purposes of imple-
menting the Capital Security Cost Sharing Program.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $35,000,000, to remain
available until September 30, 2006, which sum shall be available
for the Office of the Inspector General of the United States Agency
for International Development.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter
4 of part II, $2,482,500,000, to remain available until September
30, 2006: Provided, That of the funds appropriated under this
heading, not less than $360,000,000 shall be available only for
Israel, which sum shall be available on a grant basis as a cash
Deadline.
Reports.
Deadline.
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118 STAT. 2976
PUBLIC LAW 108–447—DEC. 8, 2004
transfer and shall be disbursed within 30 days of the enactment
of this Act: Provided further, That not less than $535,000,000 shall
be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall be
provided with the understanding that Egypt will undertake signifi-
cant economic reforms which are additional to those which were
undertaken in previous fiscal years, and of which $200,000,000
should be provided as Commodity Import Program assistance: Pro-
vided further, That with respect to the provision of assistance
for Egypt for democracy and governance activities, the organizations
implementing such assistance and the specific nature of that assist-
ance shall not be subject to the prior approval by the Government
of Egypt: Provided further, That in exercising the authority to
provide cash transfer assistance for Israel, the President shall
ensure that the level of such assistance does not cause an adverse
impact on the total level of nonmilitary exports from the United
States to such country and that Israel enters into a side letter
agreement in an amount proportional to the fiscal year 1999 agree-
ment: Provided further, That of the funds appropriated under this
heading, not less than $250,000,000 should be made available only
for assistance for Jordan: Provided further, That $13,500,000 of
the funds appropriated under this heading shall be made available
for Cyprus to be used only for scholarships, administrative support
of the scholarship program, bicommunal projects, and measures
aimed at reunification of the island and designed to reduce tensions
and promote peace and cooperation between the two communities
on Cyprus: Provided further, That $35,000,000 of the funds appro-
priated under this heading shall be made available for assistance
for Lebanon, of which not less than $4,000,000 should be made
available for scholarships and direct support of American edu-
cational institutions in Lebanon: Provided further, That funds
appropriated under this heading may be used, notwithstanding
any other provision of law, to provide assistance to the National
Democratic Alliance of Sudan to strengthen its ability to protect
civilians from attacks, slave raids, and aerial bombardment by
the Sudanese Government forces and its militia allies, and the
provision of such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further,
That in the previous proviso, the term ‘‘assistance’’ includes non-
lethal, non-food aid such as blankets, medicine, fuel, mobile clinics,
water drilling equipment, communications equipment to notify
civilians of aerial bombardment, non-military vehicles, tents, and
shoes: Provided further, That not to exceed $200,000,000 of the
funds appropriated under this heading may be used for the costs,
as defined in section 502 of the Congressional Budget Act of 1974,
of modifying direct loans and guarantees for Pakistan: Provided
further, That amounts that are made available under the previous
proviso for the costs of modifying direct loans and guarantees shall
not be considered ‘‘assistance’’ for the purposes of provisions of
law limiting assistance to a country: Provided further, That of
the funds appropriated under this heading, not less than
$22,000,000 shall be made available for assistance for the Demo-
cratic Republic of Timor-Leste, of which up to $1,000,000 may
be available for administrative expenses of the United States
Agency for International Development: Provided further, That of
the funds available under this heading for assistance for Indonesia,
$3,000,000 should be made available to promote freedom of the
President.
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118 STAT. 2977
PUBLIC LAW 108–447—DEC. 8, 2004
media in Indonesia: Provided further, That of the funds appro-
priated under this heading, $5,000,000 shall be made available
to continue to support the provision of wheelchairs for needy persons
in developing countries: Provided further, That funds appropriated
under this heading that are made available for a Middle East
Financing Facility, Middle East Enterprise Fund, or any other
similar entity in the Middle East shall be subject to the regular
notification procedures of the Committees on Appropriations: Pro-
vided further, That with respect to funds appropriated under this
heading in this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, the responsi-
bility for policy decisions and justifications for the use of such
funds, including whether there will be a program for a country
that uses those funds and the amount of each such program, shall
be the responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be delegated.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $18,500,000,
which shall be available for the United States contribution to the
International Fund for Ireland and shall be made available in
accordance with the provisions of the Anglo-Irish Agreement Sup-
port Act of 1986 (Public Law 99–415): Provided, That such amount
shall be expended at the minimum rate necessary to make timely
payment for projects and activities: Provided further, That funds
made available under this heading shall remain available until
September 30, 2006.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $396,600,000, to remain available
until September 30, 2006, which shall be available, notwithstanding
any other provision of law, for assistance and for related programs
for Eastern Europe and the Baltic States: Provided, That of the
funds appropriated under this heading that are made available
for assistance for Bulgaria, $2,000,000 should be made available
to enhance safety at nuclear power plants.
(b) Funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of
1961 for purposes of making available the administrative authori-
ties contained in that Act for the use of economic assistance.
(c) The provisions of section 529 of this Act shall apply to
funds appropriated under this heading: Provided, That notwith-
standing any provision of this or any other Act, including provisions
in this subsection regarding the application of section 529 of this
Act, local currencies generated by, or converted from, funds appro-
priated by this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bosnia may
be used in Eastern Europe and the Baltic States to carry out
the provisions of the Foreign Assistance Act of 1961 and the Support
for East European Democracy (SEED) Act of 1989.
(d) The President is authorized to withhold funds appropriated
under this heading made available for economic revitalization pro-
grams in Bosnia and Herzegovina, if he determines and certifies
Applicability.
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118 STAT. 2978
PUBLIC LAW 108–447—DEC. 8, 2004
to the Committees on Appropriations that the Federation of Bosnia
and Herzegovina has not complied with article III of annex 1–
A of the General Framework Agreement for Peace in Bosnia and
Herzegovina concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and related
activities between state sponsors of terrorism and terrorist organiza-
tions and Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION
(a) For necessary expenses to carry out the provisions of chap-
ters 11 and 12 of part I of the Foreign Assistance Act of 1961
and the FREEDOM Support Act, for assistance for the Independent
States of the former Soviet Union and for related programs,
$560,000,000, to remain available until September 30, 2006: Pro-
vided, That the provisions of such chapters shall apply to funds
appropriated by this paragraph: Provided further, That funds made
available for the Southern Caucasus region may be used, notwith-
standing any other provision of law, for confidence-building meas-
ures and other activities in furtherance of the peaceful resolution
of the regional conflicts, especially those in the vicinity of Abkhazia
and Nagorno-Karabagh: Provided further, That of the funds appro-
priated under this heading, $3,859,000 should be available only
to meet the health and other assistance needs of victims of traf-
ficking in persons: Provided further, That of the funds appropriated
under this heading, $17,500,000 shall be made available solely
for assistance for the Russian Far East: Provided further, That,
notwithstanding any other provision of law, funds appropriated
under this heading in this Act or prior Acts making appropriations
for foreign operations, export financing, and related programs, that
are made available pursuant to the provisions of section 807 of
Public Law 102–511 shall be subject to a 6 percent ceiling on
administrative expenses.
(b) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than $5,000,000
should be made available for nuclear reactor safety initiatives,
and not less than $1,500,000 shall be made available for coal
mine safety programs.
(c) Of the funds appropriated under this heading, not less
than $55,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child sur-
vival, environmental and reproductive health, and to combat HIV/
AIDS, tuberculosis and other infectious diseases, and for related
activities.
(d)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of the Russian Federa-
tion, 60 percent shall be withheld from obligation until the President
determines and certifies in writing to the Committees on Appropria-
tions that the Government of the Russian Federation—
(A) has terminated implementation of arrangements to pro-
vide Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile capa-
bility; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
President.
Certification.
Applicability.
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118 STAT. 2979
PUBLIC LAW 108–447—DEC. 8, 2004
(2) Paragraph (1) shall not apply to—
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons;
and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(e) Section 907 of the FREEDOM Support Act shall not apply
to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of
Public Law 104–201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity;
(4) any insurance, reinsurance, guarantee or other assist-
ance provided by the Overseas Private Investment Corporation
under title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank
Act of 1945; or
(6) humanitarian assistance.
INDEPENDENT AGENCIES
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $18,000,000, to remain
available until September 30, 2006.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law
96–533, $19,000,000, to remain available until September 30, 2006:
Provided, That funds made available to grantees may be invested
pending expenditure for project purposes when authorized by the
board of directors of the Foundation: Provided further, That interest
earned shall be used only for the purposes for which the grant
was made: Provided further, That notwithstanding section 505(a)(2)
of the African Development Foundation Act, in exceptional cir-
cumstances the board of directors of the Foundation may waive
the $250,000 limitation contained in that section with respect to
a project: Provided further, That the Foundation shall provide a
report to the Committees on Appropriations after each time such
waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $320,000,000, including the purchase
of not to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States: Provided, That none
Reports.
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118 STAT. 2980
PUBLIC LAW 108–447—DEC. 8, 2004
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That funds appropriated under
this heading shall remain available until September 30, 2006.
MILLENNIUM CHALLENGE CORPORATION
For necessary expenses for the ‘‘Millennium Challenge Corpora-
tion’’, $1,500,000,000, to remain available until expended: Provided,
That of the funds appropriated under this heading, up to
$50,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation: Provided further, That none
of the funds appropriated under this heading may be made available
for the provision of assistance until the Chief Executive Officer
of the Millennium Challenge Corporation provides a written budget
justification to the Committees on Appropriations: Provided further,
That up to 10 percent of the funds appropriated under this heading
may be made available to carry out the purposes of section 616
of the Millennium Challenge Act of 2003: Provided further, That
none of the funds available to carry out section 616 of such Act
may be made available until the Chief Executive Officer of the
Millennium Challenge Corporation provides a report to the Commit-
tees on Appropriations listing the candidate countries that will
be receiving assistance under section 616 of such Act, the level
of assistance proposed for each such country, a description of the
proposed programs, projects and activities, and the implementing
agency or agencies of the United States Government: Provided
further, That section 605(e)(4) of the Millennium Challenge Act
of 2003 shall apply to funds appropriated under this heading: Pro-
vided further, That funds appropriated under this heading, and
funds appropriated under this heading in division D of Public
Law 108–199, may be made available for a Millennium Challenge
Compact entered into pursuant to section 609 of the Millennium
Challenge Act of 2003 only if such Compact obligates, or contains
a commitment to obligate subject to the availability of funds and
the mutual agreement of the parties to the Compact to proceed,
the entire amount of the United States Government funding antici-
pated for the duration of the Compact: Provided further, That
the previous proviso shall be effective on the date of enactment
of this Act.
DEPARTMENT OF STATE
GLOBAL HIV/AIDS INITIATIVE
For necessary expenses to carry out the provisions of the For-
eign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $1,385,000,000, to remain
available until expended: Provided, That of the funds appropriated
under this heading, not more than $8,818,000 may be made avail-
able for administrative expenses of the Office of the Coordinator
of United States Government Activities to Combat HIV/AIDS Glob-
ally of the Department of State: Provided further, That of the
funds appropriated under this heading, not less than $27,000,000
should be made available for a United States contribution to
UNAIDS.
Effective date.
Applicability.
Reports.
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118 STAT. 2981
PUBLIC LAW 108–447—DEC. 8, 2004
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $328,820,000, to remain available until
September 30, 2007: Provided, That during fiscal year 2005, the
Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its restric-
tions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign
country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations: Pro-
vided further, That the Secretary of State shall provide to the
Committees on Appropriations not later than 45 days after the
date of the enactment of this Act and prior to the initial obligation
of funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country basis
for each proposed program, project, or activity: Provided further,
That of the funds appropriated under this heading, not less than
$11,900,000 should be made available for training programs and
activities of the International Law Enforcement Academies: Pro-
vided further, That of the funds appropriated under this heading,
not less than $4,000,000 should be made available for assistance
for the Philippines for police training and other related activities:
Provided further, That $10,000,000 of the funds appropriated under
this heading shall be made available for demand reduction pro-
grams: Provided further, That $40,000,000 of the funds appropriated
under this heading should be made available for assistance for
Mexico: Provided further, That $10,500,000 of the funds appro-
priated under this heading should be made available for assistance
for countries and programs in Africa: Provided further, That of
the funds appropriated under this heading, $3,000,000 shall be
made available for assistance for the Government of Malta for
the purchase of helicopters to enhance its ability to control its
borders and deter terrorists: Provided further, That of the funds
appropriated under this heading, not more than $30,300,000 may
be available for administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the
Andean region of South America, $731,000,000, to remain available
until September 30, 2007: Provided, That in fiscal year 2005, funds
available to the Department of State for assistance to the Govern-
ment of Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by organizations des-
ignated as terrorist organizations such as the Revolutionary Armed
Forces of Colombia (FARC), the National Liberation Army (ELN),
and the United Self-Defense Forces of Colombia (AUC), and to
take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations: Provided
further, That this authority shall cease to be effective if the Sec-
retary of State has credible evidence that the Colombian Armed
Forces are not conducting vigorous operations to restore government
authority and respect for human rights in areas under the effective
control of paramilitary and guerrilla organizations: Provided fur-
ther, That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the operations
President.
Deadline.
Reports.
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118 STAT. 2982
PUBLIC LAW 108–447—DEC. 8, 2004
of any illegal self-defense group or illegal security cooperative, such
helicopter shall be immediately returned to the United States:
Provided further, That none of the funds appropriated by this
Act may be made available to support a Peruvian air interdiction
program until the Secretary of State and Director of Central Intel-
ligence certify to the Congress, 30 days before any resumption
of United States involvement in a Peruvian air interdiction program,
that an air interdiction program that permits the ability of the
Peruvian Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any incident
similar to the April 20, 2001 incident: Provided further, That the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall provide
to the Committees on Appropriations not later than 45 days after
the date of the enactment of this Act and prior to the initial
obligation of funds appropriated under this heading, a report on
the proposed uses of all funds under this heading on a country-
by-country basis for each proposed program, project, or activity:
Provided further, That of the funds appropriated under this heading,
not less than $264,600,000 shall be made available for alternative
development/institution building, of which $237,000,000 shall be
apportioned directly to the United States Agency for International
Development, including $125,700,000 for assistance for Colombia:
Provided further, That with respect to funds apportioned to the
United States Agency for International Development under the
previous proviso, the responsibility for policy decisions for the use
of such funds, including what activities will be funded and the
amount of funds that will be provided for each of those activities,
shall be the responsibility of the Administrator of the United States
Agency for International Development in consultation with the
Assistant Secretary of State for International Narcotics and Law
Enforcement Affairs: Provided further, That of the funds appro-
priated under this heading, not less than $6,000,000 should be
made available for judicial reform programs in Colombia: Provided
further, That of the funds appropriated under this heading, in
addition to funds made available pursuant to the previous proviso,
not less than $6,000,000 shall be made available to the United
States Agency for International Development for organizations and
programs to protect human rights: Provided further, That funds
made available in this Act for demobilization/reintegration of mem-
bers of foreign terrorist organizations in Colombia shall be subject
to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided further, That not
more than 20 percent of the funds appropriated by this Act that
are used for the procurement of chemicals for aerial coca and
poppy fumigation programs may be made available for such pro-
grams unless the Secretary of State certifies to the Committees
on Appropriations that: (1) the herbicide mixture is being used
in accordance with EPA label requirements for comparable use
in the United States and with Colombian laws; and (2) the herbicide
mixture, in the manner it is being used, does not pose unreasonable
risks or adverse effects to humans or the environment: Provided
further, That such funds may not be made available unless the
Secretary of State certifies to the Committees on Appropriations
that complaints of harm to health or licit crops caused by such
fumigation are evaluated and fair compensation is being paid for
meritorious claims: Provided further, That such funds may not
Deadline.
Reports.
Certification.
Deadline.
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118 STAT. 2983
PUBLIC LAW 108–447—DEC. 8, 2004
be made available for such purposes unless programs are being
implemented by the United States Agency for International
Development, the Government of Colombia, or other organizations,
in consultation with local communities, to provide alternative
sources of income in areas where security permits for small-acreage
growers whose illicit crops are targeted for fumigation: Provided
further, That of the funds appropriated under this heading,
$2,000,000 should be made available through nongovernmental
organizations for programs to protect biodiversity and indigenous
reserves in Colombia: Provided further, That funds appropriated
by this Act may be used for aerial fumigation in Colombia’s national
parks or reserves only if the Secretary of State determines that
it is in accordance with Colombian laws and that there are no
effective alternatives to reduce drug cultivation in these areas:
Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this
heading: Provided further, That assistance provided with funds
appropriated under this heading that is made available notwith-
standing section 482(b) of the Foreign Assistance Act of 1961 shall
be made available subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That no
United States Armed Forces personnel or United States civilian
contractor employed by the United States will participate in any
combat operation in connection with assistance made available by
this Act for Colombia: Provided further, That funds appropriated
under this heading that are available for assistance for the Bolivian
military and police may be made available for such purposes only
if the Bolivian military and police are respecting human rights
and cooperating with civilian judicial authorities, and the Bolivian
Government is prosecuting and punishing those responsible for
violations of human rights: Provided further, That of the funds
appropriated under this heading, not more than $16,285,000 may
be available for administrative expenses of the Department of State,
and not more than $7,800,000 may be available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the United States Agency for International Develop-
ment.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable
the Secretary of State to provide, as authorized by law, a contribu-
tion to the International Committee of the Red Cross, assistance
to refugees, including contributions to the International Organiza-
tion for Migration and the United Nations High Commissioner
for Refugees, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1980; allowances as authorized
by sections 5921 through 5925 of title 5, United States Code;
purchase and hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code,
$770,000,000, which shall remain available until expended: Pro-
vided, That not more than $22,000,000 may be available for
administrative expenses: Provided further, That not less than
$50,000,000 of the funds made available under this heading shall
be made available for refugees from the former Soviet Union and
Eastern Europe and other refugees resettling in Israel: Provided
further, That funds appropriated under this heading may be made
Reports.
Israel.
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118 STAT. 2984
PUBLIC LAW 108–447—DEC. 8, 2004
available for a headquarters contribution to the International Com-
mittee of the Red Cross only if the Secretary of State determines
(and so reports to the appropriate committees of Congress) that
the Magen David Adom Society of Israel is not being denied partici-
pation in the activities of the International Red Cross and Red
Crescent Movement.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $30,000,000, to remain available until
expended: Provided, That funds made available under this heading
are appropriated notwithstanding the provisions contained in sec-
tion 2(c)(2) of such Act which would limit the amount of funds
which could be appropriated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $402,000,000, to
carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of
part II of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act, section 23 of the Arms Export Control
Act or the Foreign Assistance Act of 1961 for demining activities,
the clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other provision
of law, including activities implemented through nongovernmental
and international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the Inter-
national Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Pre-
paratory Commission: Provided, That of this amount not to exceed
$32,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund, notwith-
standing any other provision of law, to promote bilateral and multi-
lateral activities relating to nonproliferation and disarmament: Pro-
vided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union
and international organizations when it is in the national security
interest of the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not
being denied its right to participate in the activities of that Agency:
Provided further, That funds available during fiscal year 2005 for
a contribution to the Comprehensive Nuclear Test Ban Treaty Pre-
paratory Commission and that are not necessary to make the United
States contribution to the Commission in the amount assessed
for fiscal year 2005 shall be made available for a voluntary contribu-
tion to the International Atomic Energy Agency and shall remain
available until September 30, 2006: Provided further, That of the
funds made available for demining and related activities, not to
exceed $690,000, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
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118 STAT. 2985
PUBLIC LAW 108–447—DEC. 8, 2004
operation and management of the demining program: Provided
further, That funds appropriated under this heading that are avail-
able for ‘‘Anti-terrorism Assistance’’ and ‘‘Export Control and Border
Security’’ shall remain available until September 30, 2006.
DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $19,000,000, to remain
available until September 30, 2007, which shall be available not-
withstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been appro-
priated or otherwise made available for programs within the Inter-
national Affairs Budget Function 150, including the cost of selling,
reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant
to parts IV and V of the Foreign Assistance Act of 1961, and
of modifying concessional credit agreements with least developed
countries, as authorized under section 411 of the Agricultural Trade
Development and Assistance Act of 1954, as amended, and
concessional loans, guarantees and credit agreements, as authorized
under section 572 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1989 (Public Law 100–
461), and of canceling amounts owed, as a result of loans or guaran-
tees made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to title V
of H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106–113, $100,000,000, to remain available until September
30, 2007: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to carry
out the provisions of part V of the Foreign Assistance Act of 1961:
Provided further, That up to $75,000,000 of the funds appropriated
under this heading may be used by the Secretary of the Treasury
to pay to the Heavily Indebted Poor Countries (HIPC) Trust Fund
administered by the International Bank for Reconstruction and
Development amounts for the benefit of countries that are eligible
for debt reduction pursuant to title V of H.R. 3425 as enacted
into law by section 1000(a)(5) of Public Law 106–113: Provided
further, That amounts paid to the HIPC Trust Fund may be used
only to fund debt reduction under the enhanced HIPC initiative
by—
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State has
credible evidence that the government of such country is engaged
in a consistent pattern of gross violations of internationally recog-
nized human rights or in military or civil conflict that undermines
its ability to develop and implement measures to alleviate poverty
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and to devote adequate human and financial resources to that
end: Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the Committees
on Appropriations concerning which countries and international
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Pro-
vided further, That the Secretary of the Treasury shall inform
the Committees on Appropriations not less than 15 days in advance
of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries
and institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction through
the HIPC Trust Fund only for the benefit of countries that—
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ‘‘enclave’’ loans;
and
(2) have documented and demonstrated their commitment
to redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote eco-
nomic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of section
411 of the Agricultural Trade Development and Assistance Act
of 1954 shall not apply to funds appropriated under this heading:
Provided further, That none of the funds made available under
this heading in this or any other appropriations Act shall be made
available for Sudan or Burma unless the Secretary of the Treasury
determines and notifies the Committees on Appropriations that
a democratically elected government has taken office: Provided
further, That none of the funds appropriated under this heading
may be paid to the HIPC Trust Fund for the benefit of any country
that has accepted loans from an international financial institution
between such country’s decision point and completion point: Pro-
vided further, That the terms ‘‘decision point’’ and ‘‘completion
point’’ shall have the same meaning as defined by the International
Monetary Fund.
TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $89,730,000, of which
up to $3,000,000 may remain available until expended: Provided,
That the civilian personnel for whom military education and
training may be provided under this heading may include civilians
who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of
the military, or respect for human rights: Provided further, That
funds appropriated under this heading for military education and
training for Guatemala may only be available for expanded inter-
national military education and training, and funds made available
Notification.
Deadline.
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for Haiti, the Democratic Republic of the Congo, and Nigeria may
only be provided through the regular notification procedures of
the Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act, $4,783,500,000: Provided, That of the funds appropriated under
this heading, not less than $2,220,000,000 shall be available for
grants only for Israel, and not less than $1,300,000,000 shall be
made available for grants only for Egypt: Provided further, That
the funds appropriated by this paragraph for Israel shall be dis-
bursed within 30 days of the enactment of this Act: Provided further,
That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel
by this paragraph shall, as agreed by Israel and the United States,
be available for advanced weapons systems, of which not less than
$580,000,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by
this paragraph, $206,000,000 should be made available for assist-
ance for Jordan: Provided further, That in addition to the funds
appropriated under this heading, up to $150,000,000 for assistance
for Pakistan may be derived by transfer from unobligated balances
of funds appropriated under the headings ‘‘Economic Support Fund’’
and ‘‘Foreign Military Financing Program’’ in prior appropriations
Acts and not otherwise designated in those Acts for a specific
country, use, or purpose: Provided further, That of the funds appro-
priated under this heading, not more than $2,000,000 may be
made available for assistance for Uganda and only for non-lethal
military equipment if the Secretary of State determines and reports
to the Committees on Appropriations that the Government of
Uganda has made significant progress in: (1) the protection of
human rights, especially preventing acts of torture; (2) the protec-
tion of civilians in northern and eastern Uganda; and (3) the
professionalization of the Ugandan armed forces: Provided further,
That funds appropriated or otherwise made available by this para-
graph shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further, That
funds made available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title 31,
United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurements
has first signed an agreement with the United States Government
specifying the conditions under which such procurements may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided further,
That none of the funds appropriated under this heading shall be
available for assistance for Sudan and Guatemala: Provided further,
That none of the funds appropriated under this heading may be
Deadline.
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made available for assistance for Haiti except pursuant to the
regular notification procedures of the Committees on Appropria-
tions: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law,
for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through non-
governmental and international organizations: Provided further,
That only those countries for which assistance was justified for
the ‘‘Foreign Military Sales Financing Program’’ in the fiscal year
1989 congressional presentation for security assistance programs
may utilize funds made available under this heading for procure-
ment of defense articles, defense services or design and construction
services that are not sold by the United States Government under
the Arms Export Control Act: Provided further, That funds appro-
priated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and
services: Provided further, That not more than $40,000,000 of the
funds appropriated under this heading may be obligated for nec-
essary expenses, including the purchase of passenger motor vehicles
for replacement only for use outside of the United States, for the
general costs of administering military assistance and sales: Pro-
vided further, That not more than $367,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of
Defense during fiscal year 2005 pursuant to section 43(b) of the
Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That foreign mili-
tary financing program funds estimated to be outlayed for Egypt
during fiscal year 2005 shall be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New York within
30 days of enactment of this Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $104,000,000: Provided,
That none of the funds appropriated under this heading shall be
obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment
Facility, $107,500,000 to the International Bank for Reconstruction
and Development as trustee for the Global Environment Facility,
by the Secretary of the Treasury, to remain available until
expended.
Deadline.
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118 STAT. 2989
PUBLIC LAW 108–447—DEC. 8, 2004
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $850,000,000, to remain available
until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United
States contribution to the fund, $11,000,000, to remain available
until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $100,000,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury, $4,100,000, for the United States paid-in share
of the increase in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $79,532,933.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African Development
Fund, $106,000,000, to remain available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,431,111 for
the United States share of the paid-in portion of the increase
in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of such capital stock in an amount not to exceed $121,996,662.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund for
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118 STAT. 2990
PUBLIC LAW 108–447—DEC. 8, 2004
Agricultural Development, $15,000,000, to remain available until
expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973,
$328,394,000: Provided, That none of the funds appropriated under
this heading may be made available to the International Atomic
Energy Agency (IAEA).
TITLE V—GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 501. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is compensated
by the institution at a rate which, together with whatever com-
pensation such Director receives from the United States, is in
excess of the rate provided for an individual occupying a position
at level IV of the Executive Schedule under section 5315 of title
5, United States Code, or while any alternate United States Director
to such institution is compensated by the institution at a rate
in excess of the rate provided for an individual occupying a position
at level V of the Executive Schedule under section 5316 of title
5, United States Code.
(b) For purposes of this section ‘‘international financial institu-
tions’’ are: the International Bank for Reconstruction and Develop-
ment, the Inter-American Development Bank, the Asian Develop-
ment Bank, the Asian Development Fund, the African Development
Bank, the African Development Fund, the International Monetary
Fund, the North American Development Bank, and the European
Bank for Reconstruction and Development.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS
AGENCIES
SEC. 502. None of the funds appropriated by this Act may
be made available to pay any voluntary contribution of the United
States to the United Nations (including the United Nations Develop-
ment Program) if the United Nations implements or imposes any
taxation on any United States persons.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available pursuant
to this Act, not to exceed $100,500 shall be for official residence
expenses of the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps
shall be taken to assure that, to the maximum extent possible,
United States-owned foreign currencies are utilized in lieu of dol-
lars.
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118 STAT. 2991
PUBLIC LAW 108–447—DEC. 8, 2004
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available pursuant
to this Act, not to exceed $5,000 shall be for entertainment expenses
of the United States Agency for International Development during
the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available pursuant
to this Act, not to exceed $125,000 shall be available for representa-
tion allowances for the United States Agency for International
Development during the current fiscal year: Provided, That appro-
priate steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized in
lieu of dollars: Provided further, That of the funds made available
by this Act for general costs of administering military assistance
and sales under the heading ‘‘Foreign Military Financing Program’’,
not to exceed $4,000 shall be available for entertainment expenses
and not to exceed $130,000 shall be available for representation
allowances: Provided further, That of the funds made available
by this Act under the heading ‘‘International Military Education
and Training’’, not to exceed $55,000 shall be available for entertain-
ment allowances: Provided further, That of the funds made available
by this Act for the Inter-American Foundation, not to exceed $2,000
shall be available for entertainment and representation allowances:
Provided further, That of the funds made available by this Act
for the Peace Corps, not to exceed a total of $4,000 shall be available
for entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and Develop-
ment Agency’’, not to exceed $4,000 shall be available for representa-
tion and entertainment allowances: Provided further, That of the
funds made available by this Act under the heading ‘‘Millennium
Challenge Corporation’’, not to exceed $115,000 shall be available
for representation and entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
SEC. 506. (a) PROHIBITION ON TAXATION.—None of the funds
appropriated by this Act may be made available to provide assist-
ance for a foreign country under a new bilateral agreement gov-
erning the terms and conditions under which such assistance is
to be provided unless such agreement includes a provision stating
that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments
to existing bilateral agreements, as necessary, to conform with
this requirement.
(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equiva-
lent to 200 percent of the total taxes assessed during fiscal year
2005 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States assist-
ance programs for which funds are appropriated by this Act, either
directly or through grantees, contractors and subcontractors shall
be withheld from obligation from funds appropriated for assistance
for fiscal year 2006 and allocated for the central government of
such country and for the West Bank and Gaza Program to the
extent that the Secretary of State certifies and reports in writing
Certification.
Reports.
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118 STAT. 2992
PUBLIC LAW 108–447—DEC. 8, 2004
to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obliga-
tion for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) DETERMINATIONS.—
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines—
(A) does not assess taxes on United States assistance
or which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the policy of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Commit-
tees on Appropriations at least 15 days prior to exercising
the authority of this subsection with regard to any country
or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) DEFINITIONS.—As used in this section—
(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added
taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds
are appropriated by this Act; and
(2) the term ‘‘bilateral agreement’’ refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Libya, North
Korea, Iran, or Syria: Provided, That for purposes of this section,
the prohibition on obligations or expenditures shall include direct
loans, credits, insurance and guarantees of the Export-Import Bank
or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to the government of any country
whose duly elected head of government is deposed by decree or
Rules.
Regulations.
Taxes.
Deadline.
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118 STAT. 2993
PUBLIC LAW 108–447—DEC. 8, 2004
military coup: Provided, That assistance may be resumed to such
government if the President determines and certifies to the Commit-
tees on Appropriations that subsequent to the termination of assist-
ance a democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to assist-
ance to promote democratic elections or public participation in
democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
TRANSFERS
SEC. 509. (a)(1) LIMITATION ON TRANSFERS BETWEEN AGEN-
CIES.—None of the funds made available by this Act may be trans-
ferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other appropriation
Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign Assistance
Act of 1961 may be allocated or transferred to agencies of the
United States Government pursuant to the provisions of sections
109, 610, and 632 of the Foreign Assistance Act of 1961.
(b) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made
available by this Act may be obligated under an appropriation
account to which they were not appropriated, except for transfers
specifically provided for in this Act, unless the President, not less
than 5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the Committees
on Appropriations of the House of Representatives and the Senate.
(c) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for
the transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United States
Government under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law, shall
expressly provide that the Office of the Inspector General for the
agency receiving the transfer or allocation of such funds shall
perform periodic program and financial audits of the use of such
funds: Provided, That funds transferred under such authority may
be made available for the cost of such audits.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 510. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees
on Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt
and NATO and major non-NATO allies for the procurement by
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including
Major Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
President.
Deadline.
President.
Certification.
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118 STAT. 2994
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commercial lease rather than by government-to-government sale
under such Act.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Pro-
vided, That funds appropriated for the purposes of chapters 1,
8, 11, and 12 of part I, section 667, chapters 4, 6, 8, and 9 of
part II of the Foreign Assistance Act of 1961, section 23 of the
Arms Export Control Act, and funds provided under the heading
‘‘Assistance for Eastern Europe and the Baltic States’’, shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are allocated
or obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall remain
available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in this Act
shall be used to furnish assistance to the government of any country
which is in default during a period in excess of 1 calendar year
in payment to the United States of principal or interest on any
loan made to the government of such country by the United States
pursuant to a program for which funds are appropriated under
this Act unless the President determines, following consultations
with the Committees on Appropriations, that assistance to such
country is in the national interest of the United States.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import
Bank and the Overseas Private Investment Corporation shall be
obligated or expended to finance any loan, any assistance or any
other financial commitments for establishing or expanding produc-
tion of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial
injury to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of
the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding feasibility
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118 STAT. 2995
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study, variety improvement or introduction, consultancy, publica-
tion, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in devel-
oping countries where such activities will not have a significant
impact on the export of agricultural commodities of the United
States; or
(2) research activities intended primarily to benefit Amer-
ican producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-Amer-
ican Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the European Bank
for Reconstruction and Development, the African Development
Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these institu-
tions, using funds appropriated or made available pursuant to this
Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the
same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds
made available under this Act for ‘‘Child Survival and Health
Programs 
Fund’’, 
‘‘Development 
Assistance’’, 
‘‘International
Organizations and Programs’’, ‘‘Trade and Development Agency’’,
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean
Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe and the
Baltic States’’, ‘‘Assistance for the Independent States of the Former
Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Global HIV/AIDS Initia-
tive’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’,
‘‘Operating Expenses of the United States Agency for International
Development’’, ‘‘Operating Expenses of the United States Agency
for International Development Office of Inspector General’’, ‘‘Non-
proliferation, Anti-terrorism, Demining and Related Programs’’,
‘‘Millennium Challenge Corporation’’ (by country only), ‘‘Foreign
Military Financing Program’’, ‘‘International Military Education and
Training’’, ‘‘Peace Corps’’, and ‘‘Migration and Refugee Assistance’’,
shall be available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not justi-
fied or in excess of the amount justified to the Committees on
Appropriations for obligation under any of these specific headings
unless the Committees on Appropriations of both Houses of Con-
gress are previously notified 15 days in advance: Provided, That
the President shall not enter into any commitment of funds appro-
priated for the purposes of section 23 of the Arms Export Control
22 USC 262h
note.
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118 STAT. 2996
PUBLIC LAW 108–447—DEC. 8, 2004
Act for the provision of major defense equipment, other than conven-
tional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified
to Congress unless the Committees on Appropriations are notified
15 days in advance of such commitment: Provided further, That
this section shall not apply to any reprogramming for an activity,
program, or project for which funds are appropriated under title
II of this Act of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity, program,
or project for the current fiscal year: Provided further, That the
requirements of this section or any similar provision of this Act
or any other Act, including any prior Act requiring notification
in accordance with the regular notification procedures of the
Committees on Appropriations, may be waived if failure to do
so would pose a substantial risk to human health or welfare: Pro-
vided further, That in case of any such waiver, notification to
the Congress, or the appropriate congressional committees, shall
be provided as early as practicable, but in no event later than
3 days after taking the action to which such notification requirement
was applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided pursu-
ant to such a waiver shall contain an explanation of the emergency
circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS
SEC. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act
or any previously enacted Act making appropriations for foreign
operations, export financing, and related programs, which are
returned or not made available for organizations and programs
because of the implementation of section 307(a) of the Foreign
Assistance Act of 1961, shall remain available for obligation until
September 30, 2006.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former Soviet Union’’
shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government
directs any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet
Union, such as those violations included in the Helsinki Final
Act: Provided, That such funds may be made available without
regard to the restriction in this subsection if the President deter-
mines that to do so is in the national security interest of the
United States.
(b) None of the funds appropriated under the heading ‘‘Assist-
ance for the Independent States of the Former Soviet Union’’ shall
be made available for any state to enhance its military capability:
Provided, That this restriction does not apply to demilitarization,
demining or nonproliferation programs.
(c) Funds appropriated under the heading ‘‘Assistance for the
Independent States of the Former Soviet Union’’ for the Russian
Federation, Armenia, Georgia, and Ukraine shall be subject to
22 USC 5814
note.
Deadline.
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118 STAT. 2997
PUBLIC LAW 108–447—DEC. 8, 2004
the regular notification procedures of the Committees on Appropria-
tions.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior appro-
priations Acts under the heading ‘‘Assistance for the Independent
States of the Former Soviet Union’’ and under comparable headings
in prior appropriations Acts, for projects or activities that have
as one of their primary purposes the fostering of private sector
development, the Coordinator for United States Assistance to
Europe and Eurasia and the implementing agency shall encourage
the participation of and give significant weight to contractors and
grantees who propose investing a significant amount of their own
resources (including volunteer services and in-kind contributions)
in such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION
SEC. 518. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of abortions as a method of family
planning or to motivate or coerce any person to practice abortions.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for the
performance of involuntary sterilization as a method of family plan-
ning or to coerce or provide any financial incentive to any person
to undergo sterilizations. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for any biomedical research which relates
in whole or in part, to methods of, or the performance of, abortions
or involuntary sterilization as a means of family planning. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended
for any country or organization if the President certifies that the
use of these funds by any such country or organization would
violate any of the above provisions related to abortions and involun-
tary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation other
than for administrative expenses made available for fiscal year
2005, for programs under title I of this Act may be transferred
between such appropriations for use for any of the purposes, pro-
grams, and activities for which the funds in such receiving account
may be used, but no such appropriation, except as otherwise specifi-
cally provided, shall be increased by more than 25 percent by
any such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of the
Committees on Appropriations.
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SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act shall
be obligated or expended for Liberia, Serbia, Sudan, Zimbabwe,
Pakistan, or Cambodia except as provided through the regular
notification procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act ‘‘program, project, and
activity’’ shall be defined at the appropriations Act account level
and shall include all appropriations and authorizations Acts ear-
marks, ceilings, and limitations with the exception that for the
following accounts: Economic Support Fund and Foreign Military
Financing Program ‘‘program, project, and activity’’ shall also be
considered to include country, regional, and central program level
funding within each such account; for the development assistance
accounts of the United States Agency for International Development
‘‘program, project, and activity’’ shall also be considered to include
central, country, regional, and program level funding, either as:
(1) justified to the Congress; or (2) allocated by the executive branch
in accordance with a report, to be provided to the Committees
on Appropriations within 30 days of the enactment of this Act,
as required by section 653(a) of the Foreign Assistance Act of
1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ‘‘Child Survival and
Health Programs Fund’’, may be used to reimburse United States
Government agencies, agencies of State governments, institutions
of higher learning, and private and voluntary organizations for
the full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted by, as
the case may be, the United States Agency for International
Development for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Development
Assistance’’ may be used to reimburse such agencies, institutions,
and organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles II and III of this Act that are made
available for bilateral assistance for child survival activities or
disease programs including activities relating to research on, and
the prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except for
the provisions under the heading ‘‘Child Survival and Health Pro-
grams Fund’’ and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.
7601 et seq.), as amended: Provided further, That of the funds
appropriated under title II of this Act, not less than $441,000,000
shall be made available for family planning/reproductive health.
AFGHANISTAN
SEC. 523. Of the funds appropriated by titles II and III of
this Act, not less than $980,000,000 should be made available
for humanitarian, reconstruction, and related assistance for
HIV/AIDS.
Reports.
Deadline.
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118 STAT. 2999
PUBLIC LAW 108–447—DEC. 8, 2004
Afghanistan: Provided, That of the funds made available pursuant
to this section, not less than $2,000,000 should be made available
for reforestation activities: Provided further, That funds made avail-
able pursuant to the previous proviso should be matched, to the
maximum extent possible, with contributions from American and
Afghan businesses: Provided further, That of the funds made avail-
able pursuant to this section, not less than $2,000,000 should be
made available for the Afghan Independent Human Rights Commis-
sion and for other Afghan human rights organizations: Provided
further, That to the maximum extent practicable members of the
Afghan National Army should be vetted for involvement in ter-
rorism, human rights violations, and drug trafficking: Provided
further, That of the funds allocated for assistance for Afghanistan
from this Act and other Acts making appropriations for foreign
operations, export financing, and related programs for fiscal year
2005, not less than $50,000,000 should be made available to support
programs that directly address the needs of Afghan women and
girls, of which not less than $7,500,000 shall be made available
for small grants to support training and equipment to improve
the capacity of women-led Afghan nongovernmental organizations
and to support the activities of such organizations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as are other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Committees
if such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or are
valued (in terms of original acquisition cost) at $7,000,000 or more,
or if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
HIV/AIDS
SEC. 525. (a)(1) Notwithstanding any other provision of this
Act, 25 percent of the funds that are appropriated by this Act
for a contribution to support the Global Fund to Fight AIDS, Tuber-
culosis and Malaria (the ‘‘Global Fund’’) shall be withheld from
obligation to the Global Fund until the Secretary of State certifies
to the Committees on Appropriations that the Global Fund—
(A) is establishing a full time, professional, independent
office which reports directly to the Global Fund Board
regarding, among other things, the integrity of processes for
consideration and approval of grant proposals, and the
implementation, monitoring and evaluation of grants made by
the Global Fund;
Human rights.
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118 STAT. 3000
PUBLIC LAW 108–447—DEC. 8, 2004
(B) is strengthening domestic civil society participation,
especially for people living with HIV/AIDS, in country coordi-
nating mechanisms;
(C) is establishing procedures to assess the need for, and
coordinate, technical assistance for Global Fund activities, in
cooperation with bilateral and multilateral donors;
(D) has established clear progress indicators upon which
to determine the release of incremental disbursements;
(E) is releasing such incremental disbursements only if
positive results have been attained based on those indicators;
and
(F) is providing support and oversight to country-level enti-
ties, such as country coordinating mechanisms, principal recipi-
ents, and local Fund agents, to enable them to fulfill their
mandates.
(2) The Secretary of State may waive paragraph (1) of this
subsection if he determines and reports to the Committees on
Appropriations that such waiver is important to the national
interest of the United States.
(b)(1) In furtherance of the purposes of section 104A of the
Foreign Assistance Act of 1961, and to assist in providing a safe,
secure, reliable, and sustainable supply chain of pharmaceuticals
and other products needed to provide care and treatment of persons
with HIV/AIDS and related infections, the Coordinator of the United
States Government Activities to Combat HIV/AIDS Globally (the
‘‘Coordinator’’) is authorized to establish an HIV/AIDS Working
Capital Fund (in this section referred to as the ‘‘HIV/AIDS Fund’’).
(2) Funds deposited during any fiscal year in the HIV/AIDS
Fund shall be available without fiscal year limitation and used
for pharmaceuticals and other products needed to provide care
and treatment of persons with HIV/AIDS and related infections,
including, but not limited to—
(A) anti-retroviral drugs;
(B) other pharmaceuticals and medical items needed to
provide care and treatment to persons with HIV/AIDS and
related infections;
(C) laboratory and other supplies for performing tests
related to the provision of care and treatment to persons with
HIV/AIDS and related infections;
(D) other medical supplies needed for the operation of
HIV/AIDS treatment and care centers, including products
needed in programs for the prevention of mother-to-child trans-
mission;
(E) pharmaceuticals and health commodities needed for
the provision of palliative care; and
(F) laboratory and clinical equipment, as well as equipment
needed for the transportation and care of HIV/AIDS supplies,
and other equipment needed to provide prevention, care and
treatment of HIV/AIDS described above.
(3) There may be deposited during any fiscal year in the HIV/
AIDS Fund payments for HIV/AIDS pharmaceuticals and products
provided from the HIV/AIDS Fund received from applicable appro-
priations and funds of the United States Agency for International
Development, the Department of Health and Human Services, the
Department of Defense, or other Federal agencies and other sources
at actual cost of the HIV/AIDS pharmaceuticals and other products,
actual cost plus the additional costs of providing such HIV/AIDS
22 USC 7612a.
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118 STAT. 3001
PUBLIC LAW 108–447—DEC. 8, 2004
pharmaceuticals and other products, or at any other price agreed
to by the Coordinator or his designee.
(4) There may be deposited in the HIV/AIDS Fund payments
for the loss of, or damage to, HIV/AIDS pharmaceuticals and prod-
ucts held in the HIV/AIDS Fund, rebates, reimbursements, refunds
and other credits applicable to the operation of the HIV/AIDS
Fund.
(5) At the close of each fiscal year the Coordinator may transfer
out of the HIV/AIDS Fund to other HIV/AIDS programmatic areas
such amounts as the Coordinator determines to be in excess of
the needs of the HIV/AIDS Fund.
(6) At the close of each fiscal year the Coordinator shall submit
a report to the Committees on Appropriations detailing the financial
activities of the HIV/AIDS Fund, including sources of income and
information regarding disbursements.
DEMOCRACY PROGRAMS
SEC. 526. (a) Notwithstanding any other provision of law, of
the funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of 1961,
not less than $19,000,000 shall be made available for assistance
for activities to support democracy, human rights, and the rule
of law in the People’s Republic of China and Hong Kong: Provided,
That funds appropriated under the heading ‘‘Economic Support
Fund’’ should be made available for assistance for Taiwan for the
purposes of furthering political and legal reforms: Provided further,
That such funds shall only be made available to the extent that
they are matched from sources other than the United States Govern-
ment: Provided further, That funds made available pursuant to
the authority of this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b)(1) In addition to the funds made available in subsection
(a), of the funds appropriated by this Act under the heading ‘‘Eco-
nomic Support Fund’’ not less than $15,000,000 shall be made
available for programs and activities to foster democracy, human
rights, civic education, women’s development, press freedom, and
the rule of law in countries with a significant Muslim population,
and where such programs and activities would be important to
United States efforts to respond to, deter, or prevent acts of inter-
national terrorism: Provided, That funds made available pursuant
to the authority of this subsection should support new initiatives
and activities in those countries: Provided further, That of the
funds appropriated under this heading, $3,000,000 shall be made
available for programs and activities that provide professional
training for journalists: Provided further, That, notwithstanding
any other provision of law, not less than $3,000,000 of such funds
may be used for making grants to educational, humanitarian and
nongovernmental organizations and individuals inside Iran to sup-
port the advancement of democracy and human rights in Iran:
Provided further, That, notwithstanding any other provision of law,
funds appropriated pursuant to the authority of this subsection
may be made available for democracy, human rights, and rule
of law programs for Syria: Provided further, That funds made
available pursuant to this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(2) In addition to funds made available under subsections (a)
and (b)(1), of the funds appropriated by this Act under the heading
Reports.
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118 STAT. 3002
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‘‘Economic Support Fund’’ not less than $4,500,000 shall be made
available for programs and activities of the National Endowment
for Democracy to foster democracy, human rights, civic education,
women’s development, press freedom, and the rule of law in coun-
tries in sub-Saharan Africa.
(c) Of the funds made available under subsection (a), not less
than $15,000,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights
and Labor, Department of State, to support the activities described
in subsection (a), and of the funds made available under subsection
(b)(1), not less than $11,000,000 shall be made available for such
Fund to support the activities described in subsection (b)(1): Pro-
vided, That up to $1,200,000 may be used for the Reagan/Fascell
Democracy Fellows program: Provided further, That the total
amount of funds made available by this Act under ‘‘Economic Sup-
port Fund’’ for activities of the Bureau of Democracy, Human Rights
and Labor, Department of State, including funds available in this
section, shall be not less than $37,000,000.
(d) Of the funds made available under subsection (a), not less
than $4,000,000 shall be made available for the National Endow-
ment for Democracy to support the activities described in subsection
(a), and of the funds made available under subsection (b)(1), not
less than $4,000,000 shall be made available for the National
Endowment for Democracy to support the activities described in
subsection (b)(1): Provided, That the Secretary of State shall provide
a report to the Committees on Appropriations within 120 days
of the date of enactment of this Act on the status of the allocation
and obligation of such funds.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assistance under
any heading of this Act and funds appropriated under any such
heading in a provision of law enacted prior to the enactment of
this Act, shall not be made available to any country which the
President determines—
(1) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver. The President shall
publish each waiver in the Federal Register and, at least 15 days
before the waiver takes effect, shall notify the Committees on Appro-
priations of the waiver (including the justification for the waiver)
in accordance with the regular notification procedures of the
Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-
for-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title II of this Act and, subject to the regular
President.
Federal Register,
publication.
Deadline.
Reports.
Deadline.
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118 STAT. 3003
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notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) If assistance is furnished to the government of a foreign country
under chapters 1 and 10 of part I or chapter 4 of part II of
the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Adminis-
trator of the United States Agency for International Development
shall—
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which
sets forth—
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the cur-
rencies so deposited may be utilized, consistent with this
section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II (as the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed pursu-
ant to subsection (a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes agreed
upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account established
pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and the
United States Government.
(5) REPORTING REQUIREMENT.—The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted to
the Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States Govern-
ment as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar
equivalent) used and/or to be used for such purpose in each
applicable country.
22 USC 2362
note.
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(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assist-
ance is made available to the government of a foreign country,
under chapter 1 or 10 of part I or chapter 4 of part II of the
Foreign Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be required to
maintain such funds in a separate account and not commingle
them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolu-
tion 648 (House Report No. 98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification proce-
dures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made avail-
able will be used, with a discussion of the United States interests
that will be served by the assistance (including, as appropriate,
a description of the economic policy reforms that will be promoted
by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 530. (a) Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an Enterprise
Fund, in whole or in part, the President shall submit to the Commit-
tees on Appropriations, in accordance with the regular notification
procedures of the Committees on Appropriations, a plan for the
distribution of the assets of the Enterprise Fund.
(b) Funds made available by this Act for Enterprise Funds
shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
BURMA
SEC. 531. (a) The Secretary of the Treasury shall instruct
the United States executive director to each appropriate inter-
national financial institution in which the United States partici-
pates, to oppose and vote against the extension by such institution
of any loan or financial or technical assistance or any other utiliza-
tion of funds of the respective bank to and for Burma.
(b) Of the funds appropriated under the heading ‘‘Economic
Support Fund’’, not less than $8,000,000 shall be made available
to support democracy activities in Burma, along the Burma-Thai-
land border, for activities of Burmese student groups and other
organizations located outside Burma, and for the purpose of sup-
porting the provision of humanitarian assistance to displaced Bur-
mese along Burma’s borders: Provided, That funds made available
under this heading may be made available notwithstanding any
other provision of law: Provided further, That in addition to assist-
ance for Burmese refugees provided under the heading ‘‘Migration
and Refugee Assistance’’ in this Act, not less than $4,000,000 shall
50 USC 1701
note.
President.
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be allocated to the United States Agency for International Develop-
ment for humanitarian assistance for displaced Burmese and host
communities in Thailand: Provided further, That funds made avail-
able under this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) The President shall include amounts expended by the Global
Fund to Fight AIDS, Tuberculosis and Malaria to the State Peace
and Development Council in Burma, directly or through groups
and organizations affiliated with the Global Fund, in making deter-
minations regarding the amount to be withheld by the United
States from its contribution to the Global Fund pursuant to section
202(d)(4)(A)(ii) of Public Law 108–25.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION
AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 532. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for foreign operations,
export financing, and related programs, shall not be construed
to prohibit activities authorized by or conducted under the Peace
Corps Act, the Inter-American Foundation Act or the African
Development Foundation Act. The agency shall promptly report
to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country for
which assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 533. None of the funds appropriated by this Act may
be obligated or expended to provide—
(1) any financial incentive to a business enterprise cur-
rently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale enter-
prise, and smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 534. (a) AFGHANISTAN, PAKISTAN, LEBANON, MONTENEGRO,
VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE.—
Funds appropriated by this Act that are made available for assist-
ance for Afghanistan may be made available notwithstanding sec-
tion 512 of this Act or any similar provision of law and section
660 of the Foreign Assistance Act of 1961, and funds appropriated
in titles I and II of this Act that are made available for Lebanon,
Reports.
President.
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118 STAT. 3006
PUBLIC LAW 108–447—DEC. 8, 2004
Montenegro, Pakistan, and for victims of war, displaced children,
and displaced Burmese, and to assist victims of trafficking in per-
sons and, subject to the regular notification procedures of the
Committees on Appropriations, to combat such trafficking, may
be made available notwithstanding any other provision of law.
(b) TROPICAL
FORESTRY
AND
BIODIVERSITY
CONSERVATION
ACTIVITIES.—Funds appropriated by this Act to carry out the provi-
sions of sections 103 through 106, and chapter 4 of part II, of
the Foreign Assistance Act of 1961 may be used, notwithstanding
any other provision of law, for the purpose of supporting tropical
forestry and biodiversity conservation activities and energy pro-
grams aimed at reducing greenhouse gas emissions: Provided, That
such assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II,
and section 667 of the Foreign Assistance Act of 1961, and title
II of the Agricultural Trade Development and Assistance Act of
1954, may be used by the United States Agency for International
Development to employ up to 25 personal services contractors in
the United States, notwithstanding any other provision of law,
for the purpose of providing direct, interim support for new or
expanded overseas programs and activities managed by the agency
until permanent direct hire personnel are hired and trained: Pro-
vided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appro-
priated to carry out title II of the Agricultural Trade Development
and Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER.—The President may waive the provisions of
section 1003 of Public Law 100–204 if the President determines
and certifies in writing to the Speaker of the House of Representa-
tives and the President pro tempore of the Senate that it is impor-
tant to the national security interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to paragraph (1) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(e) SMALL BUSINESS.—In entering into multiple award indefi-
nite-quantity contracts with funds appropriated by this Act, the
United States Agency for International Development may provide
an exception to the fair opportunity process for placing task orders
under such contracts when the order is placed with any category
of small or small disadvantaged business.
(f) CONTINGENCIES.—During fiscal year 2005, the President
may use up to $45,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding the funding
ceiling in section 451(a).
(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from insta-
bility.
(h) WORLD FOOD PROGRAM.—Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance of
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the United States Agency for International Development, from this
or any other Act, not less than $6,000,000 shall be made available
as a general contribution to the World Food Program, notwith-
standing any other provision of law.
(i) NATIONAL ENDOWMENT
FOR DEMOCRACY.—Funds appro-
priated by this Act that are provided to the National Endowment
for Democracy may be provided notwithstanding any other provision
of law or regulation.
(j) TECHNICAL AMENDMENT.—Section 201(a)(2) of the North
Korean Human Rights Act of 2004 (Public Law 108–333) is amended
by striking ‘‘paragraphs (1) through (4) of section 202(b)’’ and
inserting ‘‘subparagraphs (A) through (D) of section 202(b)(1)’’.
(k) REPORT MODIFICATION.—Section 406(b)(4) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101–246; 22 U.S.C. 2414a(b)(4)) is amended by inserting after
‘‘United States’’ the following: ‘‘, including a separate listing of
all plenary votes cast by member countries of the United Nations
in the General Assembly on resolutions specifically related to Israel
that are opposed by the United States’’.
(l) UNIVERSITY PROGRAMS.—Notwithstanding any other provi-
sion of law, funds made available in this Act under the heading
‘‘Development Assistance’’ may be made available to American edu-
cational institutions for programs and activities in the People’s
Republic of China relating to the environment, democracy, and
the rule of law: Provided, That funds made available pursuant
to this authority shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
(m) INDOCHINESE PAROLEES.—Section 586 of the Foreign Oper-
ations, Export Financing, and Related Programs Appropriations
Act, 2001 (8 U.S.C. 1255 note), as enacted into law by section
101(a) of Public Law 106–429, is amended—
(1) by striking ‘‘Attorney General’’ each place that term
appears and inserting ‘‘Secretary of Homeland Security’’;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘she’’ and inserting ‘‘the Secretary of Homeland Security’’;
and
(B) in paragraph (1), by striking ‘‘within three years
after the date of promulgation by the Attorney General
of regulations in connection with this title’’;
(3) in subsection (c), by striking ‘‘212(8)(A)’’ and inserting
‘‘212(a)(8)(A)’’;
(4) by striking subsection (d);
(5) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively;
(6) by adding at the end the following new subsection:
‘‘(f) ADJUDICATION OF APPLICATIONS.—The Secretary of Home-
land Security shall—
‘‘(1) adjudicate applications for adjustment under this sec-
tion, notwithstanding any limitation on the number of adjust-
ments under this section or any deadline for such applications
that previously existed in law or regulation; and
‘‘(2) not charge a fee in addition to any fee that previously
was submitted with such application.’’; and
(7) The amendments made by this subsection shall take
effect as if enacted as part of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001.
Effective date.
8 USC 1255 note.
Regulations.
22 USC 7831.
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118 STAT. 3008
PUBLIC LAW 108–447—DEC. 8, 2004
(n) EXTENSION
OF
AUTHORITY.—Public Law 107–57, as
amended, is further amended—
(1) in section 1(b) by striking ‘‘2004’’ wherever appearing
(including in the caption), and inserting ‘‘2005’’;
(2) in section 3(2), by striking ‘‘and 2004’’ and inserting
‘‘2004 and 2005’’; and
(3) in section 6, by striking ‘‘2004’’ and inserting ‘‘2005’’.
(o) ENDOWMENTS.—
(1) Of the funds appropriated by this Act and prior Acts
making appropriations for foreign operations, export financing,
and related programs, that are available for assistance for
Cambodia, the following amounts should be made available
as follows:
(A) $2,000,000 for an endowment for a Cambodian
nongovernmental organization to document genocide and
crimes against humanity in Cambodia; and
(B) $3,750,000 for an endowment for an American non-
governmental organization to sustain rehabilitation pro-
grams in Cambodia for persons suffering from physical
disabilities.
(2) Such organizations may place amounts made available
under this subsection in interest bearing accounts and any
interest earned on such investment shall be used for the pur-
pose for which funds were made available under this subsection.
(p) EXTENSION OF AUTHORITY.—Chapter 5 of title I of the Emer-
gency Wartime Supplemental Appropriations Act, 2003 (Public Law
108–11), is amended under the heading ‘‘Loan Guarantees to
Israel’’—
(1) by striking ‘‘During the period beginning March 1, 2003,
and ending September 30, 2005,’’ and inserting ‘‘During the
period beginning March 1, 2003, and ending September 30,
2007,’’; and
(2) by striking ‘‘That if less than the full amount of guaran-
tees authorized to be made available is issued prior to Sep-
tember 30, 2005,’’ and inserting ‘‘That if less than the full
amount of guarantees authorized to be made available is issued
prior to September 30, 2007,’’.
(q) DEFINITION.—Section 603 of title VI of division D of the
Consolidated Appropriations Act, 2004, Public Law 108–199, is
amended by adding the following paragraph:
‘‘(8) INVESTMENTS IN THE PEOPLE.—The term ‘‘investments
in the people’’ means government policies or programs of an
eligible country that promote the health, education, and other
factors which contribute to the well-being and productivity of
their people, such as decent, affordable housing for all.’’.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 535. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly termi-
nated, and the Central Office for the Boycott of Israel imme-
diately disbanded;
22 USC 7702.
115 Stat. 405.
115 Stat. 404.
115 Stat. 403.
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118 STAT. 3009
PUBLIC LAW 108–447—DEC. 8, 2004
(3) the three Arab League countries with diplomatic and
trade relations with Israel should return their ambassadors
to Israel, should refrain from downgrading their relations with
Israel, and should play a constructive role in securing a peaceful
resolution of the Israeli-Arab conflict;
(4) the remaining Arab League states should normalize
relations with their neighbor Israel;
(5) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(6) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading part-
ners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.
ELIGIBILITY FOR ASSISTANCE
SEC. 536. (a) ASSISTANCE
THROUGH
NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ‘‘Assistance for Eastern Europe
and the Baltic States’’: Provided, That before using the authority
of this subsection to furnish assistance in support of programs
of nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification proce-
dures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons
for furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 2005, restrictions con-
tained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Pro-
vided, That none of the funds appropriated to carry out title I
of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
President.
Notification.
President.
Reports.
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118 STAT. 3010
PUBLIC LAW 108–447—DEC. 8, 2004
assistance to the government of a country that violates inter-
nationally recognized human rights.
RESERVATIONS OF FUNDS
SEC. 537. (a) Funds appropriated by this Act which are ear-
marked may be reprogrammed for other programs within the same
account notwithstanding the earmark if compliance with the ear-
mark is made impossible by operation of any provision of this
or any other Act: Provided, That any such reprogramming shall
be subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made available
under the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by this
Act and administered by the United States Agency for International
Development that are earmarked for particular programs or activi-
ties by this or any other Act shall be extended for an additional
fiscal year if the Administrator of such agency determines and
reports promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability: Provided,
That such earmarked funds that are continued available for an
additional fiscal year shall be obligated only for the purpose of
such earmark.
CEILINGS AND EARMARKS
SEC. 538. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or otherwise
made available by any subsequent Act unless such Act specifically
so directs. Earmarks or minimum funding requirements contained
in any other Act shall not be applicable to funds appropriated
by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 539. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not authorized before the date of the enactment
of this Act by the Congress: Provided, That not to exceed $750,000
may be made available to carry out the provisions of section 316
of Public Law 96–533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 540. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance Act
of 1961, may be used to pay in whole or in part any assessments,
arrearages, or dues of any member of the United Nations or, from
funds appropriated by this Act to carry out chapter 1 of part
I of the Foreign Assistance Act of 1961, the costs for participation
of another country’s delegation at international conferences held
under the auspices of multilateral or international organizations.
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118 STAT. 3011
PUBLIC LAW 108–447—DEC. 8, 2004
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 541. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any docu-
ment, file, or record necessary to the auditing requirements of
the United States Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX-
PORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES
SUPPORTING
INTERNATIONAL TERRORISM
SEC. 542. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign govern-
ment which provides lethal military equipment to a country the
government of which the Secretary of State has determined is
a terrorist government for purposes of section 6(j) of the Export
Administration Act. The prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided under
a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines
that furnishing such assistance is important to the national
interests of the United States.
(c) Whenever the waiver authority of subsection (b) is exercised,
the President shall submit to the appropriate congressional commit-
tees a report with respect to the furnishing of such assistance.
Any such report shall include a detailed explanation of the assist-
ance to be provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL
PROPERTY TAXES OWED BY FOREIGN COUNTRIES
SEC. 543. (a) Subject to subsection (c), of the funds appropriated
by this Act that are made available for assistance for a foreign
country, an amount equal to 110 percent of the total amount of
the unpaid fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country
shall be withheld from obligation for assistance for the central
government of such country until the Secretary of State submits
a certification to the appropriate congressional committees stating
that such parking fines and penalties and unpaid property taxes
are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a)
may be made available for other programs or activities funded
by this Act, after consultation with and subject to the regular
notification procedures of the appropriate congressional committees,
provided that no such funds shall be made available for assistance
for the central government of a foreign country that has not paid
the total amount of the fully adjudicated parking fines and penalties
and unpaid property taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
Certification.
President.
Reports.
Applicability.
Termination
date.
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118 STAT. 3012
PUBLIC LAW 108–447—DEC. 8, 2004
(d)(1) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to parking fines and penalties
no sooner than 60 days from the date of enactment of this Act,
or at any time with respect to a particular country, if the Secretary
determines that it is in the national interests of the United States
to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property taxes
if the Secretary of State determines that it is in the national
interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of the
waiver authority in subsection (d), the Secretary of State, after
consultations with the City of New York, shall submit a report
to the Committees on Appropriations describing a strategy,
including a timetable and steps currently being taken, to collect
the parking fines and penalties and unpaid property taxes and
interest owed by nations receiving foreign assistance under this
Act.
(f) In this section:
(1) The term ‘‘appropriate congressional committees’’ means
the Committee on Appropriations of the Senate and the Com-
mittee on Appropriations of the House of Representatives.
(2) The term ‘‘fully adjudicated’’ includes circumstances
in which the person to whom the vehicle is registered—
(A)(i) has not responded to the parking violation sum-
mons; or
(ii) has not followed the appropriate adjudication proce-
dure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(3) The term ‘‘parking fines and penalties’’ means parking
fines and penalties—
(A) owed to—
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through
September 30, 2004.
(4) The term ‘‘unpaid property taxes’’ means the amount
of unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State
or subdivision thereof.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND
GAZA
SEC. 544. None of the funds appropriated by this Act may
be obligated for assistance for the Palestine Liberation Organization
for the West Bank and Gaza unless the President has exercised
the authority under section 604(a) of the Middle East Peace Facilita-
tion Act of 1995 (title VI of Public Law 104–107) or any other
legislation to suspend or make inapplicable section 307 of the For-
eign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act of 1995
Deadline.
Reports.
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118 STAT. 3013
PUBLIC LAW 108–447—DEC. 8, 2004
or to suspend the prohibition under other legislation, funds appro-
priated by this Act may not be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 545. If the President determines that doing so will con-
tribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assist-
ance Act of 1961 of up to $30,000,000 of commodities and services
for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That the drawdown made under this sec-
tion for any tribunal shall not be construed as an endorsement
or precedent for the establishment of any standing or permanent
international criminal tribunal or court: Provided further, That
funds made available for tribunals other than Yugoslavia, Rwanda,
or the Special Court for Sierra Leone shall be made available
subject to the regular notification procedures of the Committees
on Appropriations.
LANDMINES
SEC. 546. Notwithstanding any other provision of law, demining
equipment available to the United States Agency for International
Development and the Department of State and used in support
of the clearance of landmines and unexploded ordnance for humani-
tarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the President
may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 547. None of the funds appropriated by this Act may
be obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States Govern-
ment for the purpose of conducting official United States Govern-
ment business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings
between officers and employees of the United States and officials
of the Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of Principles,
for the purpose of conducting official United States Government
business with such authority should continue to take place in loca-
tions other than Jerusalem. As has been true in the past, officers
and employees of the United States Government may continue
to meet in Jerusalem on other subjects with Palestinians (including
those who now occupy positions in the Palestinian Authority), have
social contacts, and have incidental discussions.
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118 STAT. 3014
PUBLIC LAW 108–447—DEC. 8, 2004
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 548. None of the funds appropriated or otherwise made
available by this Act under the heading ‘‘International Military
Education and Training’’ or ‘‘Foreign Military Financing Program’’
for Informational Program activities or under the headings ‘‘Child
Survival and Health Programs Fund’’, ‘‘Development Assistance’’,
and ‘‘Economic Support Fund’’ may be obligated or expended to
pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substan-
tially of a recreational character, including but not limited
to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
HAITI
SEC. 549. (a) Of the funds appropriated by this Act, not less
than the following amounts shall be made available for assistance
for Haiti—
(1) $20,000,000 from ‘‘Child Survival and Health Programs
Fund’’;
(2) $25,000,000 from ‘‘Development Assistance’’, of which
funds should be made available for poverty reduction, agri-
culture, environment, and basic education programs; and
(3) $40,000,000 from ‘‘Economic Support Fund’’, of which
funds should be made available for judicial reform programs,
police training, and activities in support of national elections.
(b) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 550. (a) PROHIBITION OF FUNDS.—None of the funds appro-
priated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives and the President pro tempore of
the Senate that waiving such prohibition is important to the
national security interests of the United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to sub-
section (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the steps the Pales-
tinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure. The report shall also
include a description of how funds will be spent and the accounting
procedures in place to ensure that they are properly disbursed.
President.
Termination
date.
President.
Certification.
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LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 551. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign country
if the Secretary of State has credible evidence that such unit has
committed gross violations of human rights, unless the Secretary
determines and reports to the Committees on Appropriations that
the government of such country is taking effective measures to
bring the responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed to withhold
funds made available by this Act from any unit of the security
forces of a foreign country not credibly alleged to be involved in
gross violations of human rights: Provided further, That in the
event that funds are withheld from any unit pursuant to this
section, the Secretary of State shall promptly inform the foreign
government of the basis for such action and shall, to the maximum
extent practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security forces
to justice.
FOREIGN MILITARY TRAINING REPORT
SEC. 552. The annual foreign military training report required
by section 656 of the Foreign Assistance Act of 1961 shall be
submitted by the Secretary of Defense and the Secretary of State
to the Committees on Appropriations of the House of Representa-
tives and the Senate by the date specified in that section.
AUTHORIZATION REQUIREMENT
SEC. 553. Funds appropriated by this Act, except funds appro-
priated under the headings ‘‘Trade and Development Agency’’,
‘‘Millennium Challenge Corporation’’, ‘‘Overseas Private Investment
Corporation’’, and ‘‘Global HIV/AIDS Initiative’’, may be obligated
and expended notwithstanding section 10 of Public Law 91–672
and section 15 of the State Department Basic Authorities Act of
1956.
CAMBODIA
SEC. 554. (a) The Secretary of the Treasury should instruct
the United States executive directors of the international financial
institutions to use the voice and vote of the United States to
oppose loans to the Central Government of Cambodia, except loans
to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of Cam-
bodia.
(2) Paragraph (1) shall not apply to assistance for basic edu-
cation, reproductive and maternal and child health, cultural and
historic preservation, programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria, polio
and other infectious diseases, development and implementation of
legislation and implementation of procedures on inter-country adop-
tions consistent with international standards, rule of law programs,
counternarcotics programs, programs to combat human trafficking
that are provided through nongovernmental organizations, and for
the Ministry of Women and Veterans Affairs to combat human
trafficking.
Human rights.
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118 STAT. 3016
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(c) Notwithstanding subsection (b), of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, up to
$4,000,000 may be made available for activities to support democ-
racy, including assistance for democratic political parties.
(d) Funds appropriated by this Act to carry out provisions
of section 541 of the Foreign Assistance Act of 1961 may be made
available notwithstanding subsection (b) only if at least 15 days
prior to the obligation of such funds, the Secretary of State provides
to the Committees on Appropriations a list of those individuals
who have been credibly alleged to have ordered or carried out
extra-judicial and political killings that occurred during the March
1997 grenade attack against the Khmer Nation Party.
(e) None of the funds appropriated or otherwise made available
by this Act may be used to provide assistance to any tribunal
established by the Government of Cambodia unless the Secretary
of State determines and reports to the Committees on Appropria-
tions that: (1) Cambodia’s judiciary is competent, independent, free
from widespread corruption, and its decisions are free from inter-
ference by the executive branch; and (2) the proposed tribunal
is capable of delivering justice, that meets internationally recognized
standards, for crimes against humanity and genocide in an impar-
tial and credible manner.
PALESTINIAN STATEHOOD
SEC. 555. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated by this Act may be provided to support a Palestinian
state unless the Secretary of State determines and certifies to
the appropriate congressional committees that—
(1) a new leadership of a Palestinian governing entity
has been democratically elected through credible and competi-
tive elections;
(2) the elected governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures;
(C) is establishing a new Palestinian security entity
that is cooperative with appropriate Israeli and other
appropriate security organizations; and
(3) the Palestinian Authority (or the governing body of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgement of the sov-
ereignty, territorial integrity, and political independence
of every state in the area through measures including
the establishment of demilitarized zones;
(C) their right to live in peace within secure and recog-
nized boundaries free from threats or acts of force;
(D) freedom of navigation through international water-
ways in the area; and
Deadline.
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118 STAT. 3017
PUBLIC LAW 108–447—DEC. 8, 2004
(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the newly-elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if he
determines that it is vital to the national security interests of
the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly-elected governing
entity, in order to help meet the requirements of subsection (a),
consistent with the provisions of section 550 of this Act (‘‘Limitation
on Assistance to the Palestinian Authority’’).
COLOMBIA
SEC. 556. (a) DETERMINATION AND CERTIFICATION REQUIRED.—
Notwithstanding any other provision of law, funds appropriated
by this Act that are available for assistance for the Colombian
Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated prior
to a determination and certification by the Secretary of State
pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be obligated
only after the Secretary of State certifies and reports to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed
Forces is suspending from the Armed Forces those mem-
bers, of whatever rank who, according to the Minister
of Defense or the Procuraduria General de la Nacion, have
been credibly alleged to have committed gross violations
of human rights, including extra-judicial killings, or to
have aided or abetted paramilitary organizations.
(B) The Colombian Government is vigorously inves-
tigating and prosecuting those members of the Colombian
Armed Forces, of whatever rank, who have been credibly
alleged to have committed gross violations of human rights,
including extra-judicial killings, or to have aided or abetted
paramilitary organizations, and is promptly punishing
those members of the Colombian Armed Forces found to
have committed such violations of human rights or to have
aided or abetted paramilitary organizations.
(C) The Colombian Armed Forces have made substan-
tial progress in cooperating with civilian prosecutors and
judicial authorities in such cases (including providing
requested information, such as the identity of persons sus-
pended from the Armed Forces and the nature and cause
of the suspension, and access to witnesses, relevant military
documents, and other requested information).
(D) The Colombian Armed Forces have made substan-
tial progress in severing links (including denying access
to military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit coopera-
tion) at the command, battalion, and brigade levels, with
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118 STAT. 3018
PUBLIC LAW 108–447—DEC. 8, 2004
paramilitary organizations, especially in regions where
these organizations have a significant presence.
(E) The Colombian Government is dismantling para-
military leadership and financial networks by arresting
commanders and financial backers, especially in regions
where these networks have a significant presence.
(3) The balance of such funds may be obligated after July
31, 2005, if the Secretary of State certifies and reports to
the appropriate congressional committees, after such date, that
the Colombian Armed Forces are continuing to meet the condi-
tions contained in paragraph (2) and are conducting vigorous
operations to restore government authority and respect for
human rights in areas under the effective control of para-
military and guerrilla organizations.
(b) CONGRESSIONAL NOTIFICATION.—Funds made available by
this Act for the Colombian Armed Forces shall be subject to the
regular notification procedures of the Committees on Appropria-
tions.
(c) CONSULTATIVE PROCESS.—Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter until
September 30, 2006, the Secretary of State shall consult with inter-
nationally recognized human rights organizations regarding
progress in meeting the conditions contained in that subsection.
(d) DEFINITIONS.—In this section:
(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means
to provide any support to paramilitary groups, including taking
actions which allow, facilitate, or otherwise foster the activities
of such groups.
(2) 
PARAMILITARY
GROUPS.—The 
term 
‘‘paramilitary
groups’’ means illegal self-defense groups and illegal security
cooperatives.
ILLEGAL ARMED GROUPS
SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN
ILLEGAL ARMED GROUPS.—Subject to subsection (b), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence—
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation
Army (ELN), or the United Self-Defense Forces of Colombia
(AUC), including taking actions or failing to take actions which
allow, facilitate, or otherwise foster the activities of such groups;
or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) WAIVER.—Subsection (a) shall not apply if the Secretary
of State determines and certifies to the appropriate congressional
committees, on a case-by-case basis, that the issuance of a visa
to the alien is necessary to support the peace process in Colombia
or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION
SEC. 558. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
Certification.
Deadlines.
Termination
date.
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118 STAT. 3019
PUBLIC LAW 108–447—DEC. 8, 2004
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
WEST BANK AND GAZA PROGRAM
SEC. 559. (a) OVERSIGHT.—For fiscal year 2005, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the appropriate
committees of Congress that procedures have been established to
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assist-
ance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity,
or educational institution that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged
in, terrorist activity. The Secretary of State shall, as appropriate,
establish procedures specifying the steps to be taken in carrying
out this subsection and shall terminate assistance to any individual,
entity, or educational institution which he has determined to be
involved in or advocating terrorist activity.
(c) PROHIBITION.—None of the funds appropriated by this Act
for assistance under the West Bank and Gaza program may be
made available for the purpose of recognizing or otherwise honoring
individuals who commit, or have committed, acts of terrorism.
(d) AUDITS.—
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and subgrantees, under the West Bank and
Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are made available for assist-
ance for the West Bank and Gaza, up to $1,000,000 may be
used by the Office of the Inspector General of the United
States Agency for International Development for audits, inspec-
tions, and other activities in furtherance of the requirements
of this subsection. Such funds are in addition to funds otherwise
available for such purposes.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
SEC. 560. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—
Of the amounts made available under ‘‘International Organizations
and Programs’’ and ‘‘Child Survival and Health Programs Fund’’
for fiscal year 2005, $34,000,000 shall be made available for the
United Nations Population Fund (hereafter in this section referred
to as the ‘‘UNFPA’’): Provided, That of this amount, not less than
$25,000,000 shall be derived from funds appropriated under the
heading ‘‘International Organizations and Programs’’.
(b) AVAILABILITY OF FUNDS.—Funds appropriated under the
heading ‘‘International Organizations and Programs’’ in this Act
Procedures.
Deadline.
Certification.
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118 STAT. 3020
PUBLIC LAW 108–447—DEC. 8, 2004
that are available for UNFPA, that are not made available for
UNFPA because of the operation of any provision of law, shall
be transferred to ‘‘Child Survival and Health Programs Fund’’ and
shall be made available for family planning, maternal, and repro-
ductive health activities, subject to the regular notification proce-
dures of the Committees on Appropriations.
(c) REPROGRAMMING OF FUNDS.—Of the funds appropriated in
Public Law 108–199 that were available for the UNFPA,
$12,500,000 shall be made available for anti-trafficking programs:
Provided, That of the funds appropriated in Public Law 108–199
that were available for the UNFPA, $12,500,000 shall be made
available for the family planning, maternal, and reproductive health
activities of the United States Agency for International Development
in Albania, Azerbaijan, the Democratic Republic of the Congo, Ethi-
opia, Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Romania, Russia,
Rwanda, Tanzania, Uganda, and the Ukraine: Provided further,
That such programs and activities shall be deemed to have been
justified to Congress.
(d) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available under ‘‘International Organizations and Pro-
grams’’ may be made available for the UNFPA for a country pro-
gram in the People’s Republic of China.
(e) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made
available under ‘‘International Organizations and Programs’’ for
fiscal year 2005 for the UNFPA may not be made available to
UNFPA unless—
(1) the UNFPA maintains amounts made available to the
UNFPA under this section in an account separate from other
accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made avail-
able to the UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.
WAR CRIMINALS
SEC. 561. (a)(1) None of the funds appropriated or otherwise
made available pursuant to this Act may be made available for
assistance, and the Secretary of the Treasury shall instruct the
United States executive directors to the international financial
institutions to vote against any new project involving the extension
by such institutions of any financial or technical assistance, to
any country, entity, or municipality whose competent authorities
have failed, as determined by the Secretary of State, to take nec-
essary and significant steps to implement its international legal
obligations to apprehend and transfer to the International Criminal
Tribunal for the former Yugoslavia (the ‘‘Tribunal’’) all persons
in their territory who have been indicted by the Tribunal and
to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to humani-
tarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are—
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of docu-
ments, and the surrender and transfer of indictees or assistance
in their apprehension; and
Applicability.
Family planning.
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118 STAT. 3021
PUBLIC LAW 108–447—DEC. 8, 2004
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of any new project
involving financial or technical assistance or grants to any country
or entity described in subsection (a), the Secretary of the Treasury,
in consultation with the Secretary of State, shall provide to the
Committees on Appropriations a written justification for the pro-
posed assistance, including an explanation of the United States
position regarding any such vote, as well as a description of the
location of the proposed assistance by municipality, its purpose,
and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent indicted war
criminals from benefiting from any financial or technical assistance
or grants provided to any country or entity described in subsection
(a).
(e) The Secretary of State may waive the application of sub-
section (a) with respect to projects within a country, entity, or
municipality upon a written determination to the Committees on
Appropriations 
that 
such 
assistance 
directly 
supports 
the
implementation of the Dayton Accords.
(f) DEFINITIONS.—As used in this section:
(1) COUNTRY.—The term ‘‘country’’ means Bosnia and
Herzegovina, Croatia and Serbia.
(2) ENTITY.—The term ‘‘entity’’ refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the
Republika Srpska.
(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city,
town or other subdivision within a country or entity as defined
herein.
(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
USER FEES
SEC. 562. The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the International
Financial Institutions Act) and the International Monetary Fund
to oppose any loan, grant, strategy or policy of these institutions
that would require user fees or service charges on poor people
for primary education or primary healthcare, including prevention
and treatment efforts for HIV/AIDS, malaria, tuberculosis, and
infant, child, and maternal well-being, in connection with the
institutions’ financing programs.
FUNDING FOR SERBIA
SEC. 563. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia after
May 31, 2005, if the President has made the determination and
certification contained in subsection (c).
Deadline.
Justification.
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118 STAT. 3022
PUBLIC LAW 108–447—DEC. 8, 2004
(b) After May 31, 2005, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the Govern-
ment of Serbia and Montenegro subject to the conditions in sub-
section (c): Provided, That section 576 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997,
as amended, shall not apply to the provision of loans and assistance
to the Government of Serbia and Montenegro through international
financial institutions.
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of Serbia and
Montenegro is—
(1) cooperating with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,
the provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension, including
making all practicable efforts to apprehend and transfer Ratko
Mladic;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) This section shall not apply to Montenegro, Kosovo, humani-
tarian assistance or assistance to promote democracy.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 564. (a) AUTHORITY.—Funds made available by this Act
to carry out the provisions of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness
and accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, strategic
planning, and through assistance to foster civilian police roles that
support democratic governance including assistance for programs
to prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the communities
they serve.
(b) NOTIFICATION.—Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular notifica-
tion procedures of, the Committees on Appropriations.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The President
may reduce amounts owed to the United States (or any agency
of the United States) by an eligible country as a result of—
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities guaran-
teed by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f) of the
22 USC 2151
note.
President.
Certification.
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118 STAT. 3023
PUBLIC LAW 108–447—DEC. 8, 2004
Commodity Credit Corporation Charter Act of June 29, 1948,
as amended, section 4(b) of the Food for Peace Act of 1966,
as amended (Public Law 89–808), or section 202 of the Agricul-
tural Trade Act of 1978, as amended (Public Law 95–501).
(b) LIMITATIONS.—
(1) The authority provided by subsection (a) may be exer-
cised only to implement multilateral official debt relief and
referendum agreements, commonly referred to as ‘‘Paris Club
Agreed Minutes’’.
(2) The authority provided by subsection (a) may be exer-
cised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be exer-
cised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, 
but 
not 
from 
the 
International 
Bank 
for
Reconstruction and Development, commonly referred to as
‘‘IDA-only’’ countries.
(c) CONDITIONS.—The authority provided by subsection (a) may
be exercised only with respect to a country whose government—
(1) does not have an excessive level of military expendi-
tures;
(2) has not repeatedly provided support for acts of inter-
national terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of inter-
nationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority provided by sub-
section (a) may be used only with regard to the funds appropriated
by this Act under the heading ‘‘Debt Restructuring’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
the purposes of any provision of law limiting assistance to a country.
The authority provided by subsection (a) may be exercised notwith-
standing section 620(r) of the Foreign Assistance Act of 1961 or
section 321 of the International Development and Food Assistance
Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 566. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN-
CELLATION.—
(1) AUTHORITY
TO
SELL, REDUCE, OR
CANCEL
CERTAIN
LOANS.—Notwithstanding any other provision of law, the Presi-
dent may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assistance Act of
1961, to the government of any eligible country as defined
in section 702(6) of that Act or on receipt of payment from
an eligible purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps; or
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(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal
to not less than 40 percent of the price paid for such
debt by such eligible country, or the difference between
the price paid for such debt and the face value of such
debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child develop-
ment, in a manner consistent with sections 707 through
710 of the Foreign Assistance Act of 1961, if the sale,
reduction, or cancellation would not contravene any term
or condition of any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for admin-
istering part I of the Foreign Assistance Act of 1961 of pur-
chasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make adjustment in its accounts to reflect the sale, reduc-
tion, or cancellation.
(4) LIMITATION.—The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduc-
tion, or cancellation of any loan sold, reduced, or canceled pursuant
to this section shall be deposited in the United States Government
account or accounts established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans satisfac-
tory to the President for using the loan for the purpose of engaging
in debt-for-equity swaps, debt-for-development swaps, or debt-for-
nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should
consult with the country concerning the amount of loans to be
sold, reduced, or canceled and their uses for debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided by sub-
section (a) may be used only with regard to funds appropriated
by this Act under the heading ‘‘Debt Restructuring’’.
BASIC EDUCATION
SEC. 567. Of the funds appropriated by title II of this Act,
not less than $400,000,000 shall be made available for basic edu-
cation.
Notification.
President.
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RECONCILIATION PROGRAMS
SEC. 568. Of the funds appropriated under the heading ‘‘Eco-
nomic Support Fund’’, not less than $12,000,000 shall be made
available to support reconciliation programs and activities which
bring together individuals of different ethnic, religious, and political
backgrounds from areas of civil conflict and war.
SUDAN
SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the funds appro-
priated by title II of this Act, not less than $311,000,000 should
be made available for assistance for Sudan.
(b) LIMITATION ON ASSISTANCE.—Subject to subsection (c):
(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106–570) or any
other provision of law, none of the funds appropriated by this
Act may be made available for assistance for the Government
of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(c) Subsection (b) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations that—
(1) the Government of Sudan has taken significant steps
to disarm and disband government-supported militia groups
in the Darfur region;
(2) the Government of Sudan and all government-supported
militia groups are honoring their commitments made in the
cease-fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing unimpeded access
to Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international monitoring
team that is based in Darfur and that has the support of
the United States.
(d) EXCEPTIONS.—The provisions of subsection (b) shall not
apply to—
(1) humanitarian assistance; and
(2) assistance for Darfur and for areas outside the control
of the Government of Sudan.
(e) NOTIFICATION.—Not more than $45,000,000 of the funds
appropriated by this Act under the headings ‘‘International Disaster
and Famine Assistance’’ and ‘‘Transition Initiatives’’ may be made
available for assistance for Sudan outside of the Darfur region
unless written notice has been provided to the Committees on
Appropriations not less than 5 days prior to the obligation of such
funds.
(f) DEFINITIONS.—For the purposes of this Act and section 501
of Public Law 106–570, the terms ‘‘Government of Sudan’’, ‘‘areas
outside of control of the Government of Sudan’’, and ‘‘area in Sudan
outside of control of the Government of Sudan’’ shall have the
same meaning and application as was the case immediately prior
to June 5, 2004, and, with regard to assistance in support of
Deadline.
Certification.
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a viable peace agreement, Southern Kordofan/Nuba Mountains
State, Blue Nile State and Abyei.
(g) APPROPRIATION.—In addition to amounts appropriated else-
where in this Act, $75,000,000 is hereby appropriated for ‘‘Peace-
keeping Operations’’ to support peace and humanitarian interven-
tion operations for Sudan, and $18,000,000 is hereby appropriated
for ‘‘International Disaster and Famine Assistance’’ for humani-
tarian assistance and related activities in Sudan: Provided, That
the entire amount appropriated in this subsection is designated
as an emergency requirement pursuant to section 402 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
further, That the Secretary of State shall consult with the Commit-
tees on Appropriations regarding the proposed uses of these funds
within 30 days of the date of enactment of this Act.
(h) TECHNICAL
CHANGE.—Section 12 of the International
Organizations Immunities Act (22 U.S.C. 288f–2) is amended by
striking ‘‘Organization of African Unity’’ and inserting ‘‘African
Union’’.
TRADE CAPACITY BUILDING
SEC. 570. Of the funds appropriated by this Act, under the
headings ‘‘Trade and Development Agency’’, ‘‘Development Assist-
ance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘Inter-
national Affairs Technical Assistance’’, and ‘‘International Organiza-
tions and Programs’’, not less than $507,000,000 should be made
available for trade capacity building assistance: Provided, That
$20,000,000 of the funds appropriated in this Act under the heading
‘‘Economic Support Fund’’ shall be made available for labor and
environmental capacity building activities relating to the free trade
agreement with the countries of Central America and the Dominican
Republic.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN
COUNTRIES AND CERTAIN OTHER COUNTRIES
SEC. 571. Notwithstanding section 516(e) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2005,
funds available to the Department of Defense may be expended
for crating, packing, handling, and transportation of excess defense
articles transferred under the authority of section 516 of such
Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavian
Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan,
Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
INDONESIA
SEC. 572. (a) Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ may be made available for
assistance for Indonesia, and licenses may be issued for the export
of lethal defense articles for the Indonesian Armed Forces, only
if the Secretary of State certifies to the appropriate congressional
committees that—
Certification.
Deadline.
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(1) the Armed Forces are taking steps to counter inter-
national terrorism, consistent with democratic principles and
the rule of law, and in cooperation with countries in the region;
(2) the Indonesian Government is prosecuting and pun-
ishing, in a manner proportional to the crime, members of
the Armed Forces, of whatever rank, who have been credibly
alleged to have committed gross violations of human rights
or to have aided or abetted militia groups;
(3) at the direction of the President of Indonesia, the Armed
Forces are cooperating with civilian judicial authorities and
with international efforts to resolve cases of gross violations
of human rights in East Timor and elsewhere; and
(4) at the direction of the President of Indonesia, the Armed
Forces are implementing reforms to increase the transparency
and accountability of their operations and financial manage-
ment, including making publicly available audits of receipts
and expenditures.
(b) Funds appropriated under the heading ‘‘International Mili-
tary Education and Training’’ may be made available for assistance
for Indonesia if the Secretary of State determines and reports
to the Committees on Appropriations that the Indonesian Govern-
ment and Armed Forces are cooperating with the Federal Bureau
of Investigation’s investigation into the August 31, 2002, murders
of two American citizens and one Indonesian citizen in Timika,
Indonesia: Provided, That this restriction shall not apply to
expanded international military education and training, which may
include English language training.
LIMITATION ON CONTRACTS
SEC. 573. None of the funds made available under this Act
may be used to fund any contract in contravention of section 8(d)(6)
of the Small Business Act (15 U.S.C. 637(d)(6)).
LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN
FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL
CRIMINAL COURT
SEC. 574. (a) None of the funds made available in this Act
in title II under the heading ‘‘Economic Support Fund’’ may be
used to provide assistance to the government of a country that
is a party to the International Criminal Court and has not entered
into an agreement with the United States pursuant to Article
98 of the Rome Statute preventing the International Criminal Court
from proceeding against United States personnel present in such
country.
(b) The President may, without prior notice to Congress, waive
the prohibition of subsection (a) with respect to a North Atlantic
Treaty Organization (‘‘NATO’’) member country, a major non-NATO
ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina,
the Republic of Korea, and New Zealand), or Taiwan if he deter-
mines and reports to the appropriate congressional committees
that it is important to the national security interests of the United
States to waive such prohibition.
(c) The President may, without prior notice to Congress, waive
the prohibition of subsection (a) with respect to a particular country
if he determines and reports to the appropriate congressional
committees that such country has entered into an agreement with
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the United States pursuant to Article 98 of the Rome Statute
preventing the International Criminal Court from proceeding
against United States personnel present in such country.
(d) The prohibition of this section shall not apply to countries
otherwise eligible for assistance under the Millennium Challenge
Act of 2003, notwithstanding section 606(a)(2)(B) of such Act.
PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA
SEC. 575. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance any assistance to Saudi Arabia: Provided, That the Presi-
dent may waive the prohibition of this section if he certifies to
the Committees on Appropriations, 15 days prior to the obligation
of funds for assistance for Saudi Arabia, that Saudi Arabia is
cooperating with efforts to combat international terrorism and that
the proposed assistance will help facilitate that effort.
ENVIRONMENT PROGRAMS
SEC. 576. (a) FUNDING.—Of the funds appropriated under the
heading ‘‘Development Assistance’’, not less than $165,500,000 shall
be made available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which
not less than $8,000,000 should be made available to implement
a regional strategy for biodiversity conservation in the countries
comprising the Amazon basin of South America, including to
improve the capacity of indigenous communities and local law
enforcement agencies to protect the biodiversity of indigenous
reserves, which amount shall be in addition to the amounts
requested for biodiversity activities in these countries in fiscal year
2005: Provided, That of the funds appropriated by this Act, not
less than $180,000,000 shall be made available to support clean
energy and other climate change policies and programs in devel-
oping countries, of which $100,000,000 should be made available
to directly promote and deploy energy conservation, energy effi-
ciency, and renewable and clean energy technologies, and of which
the balance should be made available to directly: (1) measure,
monitor, and reduce greenhouse gas emissions; (2) increase carbon
sequestration activities; and (3) enhance climate change mitigation
and adaptation programs.
(b) CLIMATE CHANGE REPORT.—Not later than 45 days after
the date on which the President’s fiscal year 2006 budget request
is submitted to Congress, the President shall submit a report to
the Committees on Appropriations describing in detail the
following—
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2005, including an accounting of
expenditures by agency with each agency identifying climate
change activities and associated costs by line item as presented
in the President’s Budget Appendix; and
(2) all fiscal year 2004 obligations and estimated expendi-
tures, fiscal year 2005 estimated expenditures and estimated
obligations, and fiscal year 2006 requested funds by the United
States Agency for International Development, by country and
central program, for each of the following: (i) to promote the
transfer and deployment of a wide range of United States
President.
President.
Certification.
Deadline.
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clean energy and energy efficiency technologies; (ii) to assist
in the measurement, monitoring, reporting, verification, and
reduction of greenhouse gas emissions; (iii) to promote carbon
capture and sequestration measures; (iv) to help meet such
countries’ responsibilities under the Framework Convention on
Climate Change; and (v) to develop assessments of the vulner-
ability to impacts of climate change and mitigation and adapta-
tion response strategies.
(c) EXTRACTION OF NATURAL RESOURCES.—
(1) The Secretary of the Treasury shall inform the manage-
ments of the international financial institutions and the public
that it is the policy of the United States that any assistance
by such institutions (including but not limited to any loan,
credit, grant, or guarantee) for the extraction and export of
oil, gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in place
or is taking the necessary steps to establish functioning systems
for: (i) accurately accounting for revenues and expenditures
in connection with the extraction and export of the type of
natural resource to be extracted or exported; (ii) the inde-
pendent auditing of such accounts and the widespread public
dissemination of the audits; and (iii) verifying government
receipts against company payments including widespread
dissemination of such payment information in a manner that
does not create competitive disadvantage or disclose proprietary
information.
(2) Not later than 180 days after the enactment of this
Act, the Secretary of the Treasury shall submit a report to
the Committees on Appropriations describing, for each inter-
national financial institution, the amount and type of assistance
provided, by country, for the extraction and export of oil, gas,
coal, timber, or other national resource since September 30,
2004.
UZBEKISTAN
SEC. 577. Funds appropriated by this Act may be made avail-
able for assistance for the central Government of Uzbekistan only
if the Secretary of State determines and reports to the Committees
on Appropriations that the Government of Uzbekistan is making
substantial and continuing progress in meeting its commitments
under the ‘‘Declaration on the Strategic Partnership and Coopera-
tion Framework Between the Republic of Uzbekistan and the United
States of America’’, including respect for human rights, establishing
a genuine multi-party system, and ensuring free and fair elections,
freedom of expression, and the independence of the media.
CENTRAL ASIA
SEC. 578. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the Committees
on Appropriations that the Government of Kazakhstan has made
significant improvements in the protection of human rights during
the preceding 6 month period.
(b) The Secretary of State may waive subsection (a) if he
determines and reports to the Committees on Appropriations that
Deadline.
Reports.
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such a waiver is in the national security interest of the United
States.
(c) Not later than October 1, 2005, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the Com-
mittee on International Relations of the House of Representatives
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 6-month period ending 30 days prior
to submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States
by units of the armed forces, border guards, or other security
forces of such countries.
(d) For purposes of this section, the term ‘‘countries of Central
Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan,
and Turkmenistan.
DISABILITY PROGRAMS
SEC. 579. (a) Of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’, not less than $2,500,000
shall be made available for programs and activities to address
the needs and protect the rights of people with disabilities in
developing countries: Provided, That such funds shall be adminis-
tered by the United States Agency for International Development
(‘‘USAID’’) and the Department of State, and shall be available
for grants to nongovernmental organizations that work on behalf
of people with disabilities in such countries.
(b) The Secretary of State and the USAID Administrator shall
designate within their respective agencies an individual to serve
as Disability ‘‘Advisor’’ or ‘‘Coordinator’’, whose function it shall
be to ensure that disability rights are addressed, where appropriate,
in United States policies and programs.
(c) Funds made available under subsection (a) may be made
available for an international conference on the needs of people
with disabilities, including disability rights, advocacy and access.
(d) The Secretary of State, the Secretary of the Treasury, and
the USAID Administrator shall seek to ensure that the needs
of people with disabilities are addressed, where appropriate, in
democracy, human rights, and rule of law programs, projects and
activities supported by the Department of State, Department of
the Treasury, and USAID.
(e) The USAID Administrator shall seek to ensure that pro-
grams, projects and activities administered by USAID comply fully
with USAID’s ‘‘Policy Paper: Disability’’ issued on September 12,
1997: Provided, That not later than 90 days after enactment of
this Act, USAID shall implement procedures to require that prospec-
tive grantees seeking funding from USAID specify, when relevant,
how the proposed program, project or activity for which funding
is being requested will include protecting the rights and addressing
the needs of persons with disabilities.
ZIMBABWE
SEC. 580. The Secretary of the Treasury shall instruct the
United States executive director to each international financial
22 USC 2151
note.
Deadline.
Procedures.
Deadline.
Reports.
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institution to vote against any extension by the respective institu-
tion of any loans to the Government of Zimbabwe, except to meet
basic human needs or to promote democracy, unless the Secretary
of State determines and certifies to the Committees on Appropria-
tions that the rule of law has been restored in Zimbabwe, including
respect for ownership and title to property, freedom of speech and
association.
TIBET
SEC. 581. (a) The Secretary of the Treasury should instruct
the United States executive director to each international financial
institution to use the voice and vote of the United States to support
projects in Tibet if such projects do not provide incentives for
the migration and settlement of non-Tibetans into Tibet or facilitate
the transfer of ownership of Tibetan land and natural resources
to non-Tibetans; are based on a thorough needs-assessment; foster
self-sufficiency of the Tibetan people and respect Tibetan culture
and traditions; and are subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less than
$4,000,000 of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ should be made available to nongovern-
mental organizations to support activities which preserve cultural
traditions and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan Autonomous
Region and in other Tibetan communities in China, and not less
than $250,000 should be made available to the National Endowment
for Democracy for human rights and democracy programs relating
to Tibet.
NIGERIA
SEC. 582. The President shall submit a report to the Commit-
tees on Appropriations describing the involvement of the Nigerian
Armed Forces in the incident in Benue State, the measures that
are being taken to bring such individuals to justice, and whether
any Nigerian Armed Forces units involved with the incident in
Benue State are receiving United States assistance.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE
RUSSIAN FEDERATION
SEC. 583. None of the funds appropriated under this Act may
be made available for the Government of the Russian Federation,
after 180 days from the date of the enactment of this Act, unless
the President determines and certifies in writing to the Committees
on Appropriations that the Government of the Russian Federation
has implemented no statute, Executive order, regulation or similar
government action that would discriminate, or which has as its
principal effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party.
CENTRAL AMERICA
SEC. 584. (a) Of the funds appropriated by this Act under
the headings ‘‘Child Survival and Health Programs Fund’’ and
Deadline.
President.
Certification.
President.
Reports.
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‘‘Development Assistance’’, not less than the amount of funds ini-
tially allocated pursuant to section 653(a) of the Foreign Assistance
Act of 1961 for fiscal year 2004 should be made available for
El Salvador, Guatemala, Nicaragua and Honduras.
(b) Not to exceed $3,227,000 in prior year ‘‘Military Assistance
Program’’ funds that are available for Guatemala may be made
available for non-lethal defense items for Guatemala if the Secretary
of State certifies to the Committees on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives that—
(1) the role of the Guatemalan military has been limited,
in doctrine and in practice, to substantially those activities
in defense of Guatemala’s sovereignty and territorial integrity
that are permitted by the 1996 Peace Accords, and the Govern-
ment of Guatemala is taking steps to pass a new governing
law of the Army (Ley Constitutiva del Eje
´rcito);
(2) the Guatemalan military is cooperating with civilian
judicial authorities, including providing full cooperation on
access to witnesses, documents and classified intelligence files,
in investigations and prosecutions of military personnel who
have been implicated in human rights violations and other
criminal activity;
(3) the Government of Guatemala is working with the
United Nations to resolve legal impediments to the establish-
ment of the Commission for the Investigation of Illegal Groups
and Clandestine Security Organizations (CICIACS), so that
CICIACS can effectively accomplish its mission of investigating
and bringing to justice illegal groups and members of clandes-
tine security organizations;
(4) the Government of Guatemala is continuing its efforts
to make the military budget process transparent and accessible
to civilian authorities and to the public, for both present and
past expenditures;
(5) the Government of Guatemala is working to facilitate
the prompt establishment of an office in Guatemala of the
United Nations High Commissioner for Human Rights with
the unimpeded authority to investigate and report on human
rights in Guatemala; and
(6) the Government of Guatemala is taking steps to
increase its efforts to combat narcotics trafficking and organized
crime.
(c) Section 527 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by
adding at the end the following new subsection:
‘‘(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE GOVERNMENT
OF NICARAGUA.—
‘‘(1) Any action of the types set forth in subparagraphs
(A), (B), and (C) of subsection (a)(1) that was taken by the
Government of Nicaragua during the period beginning on
January 1, 1956, and ending on January 9, 2002, shall not
be considered in implementing the prohibition under subsection
(a) unless the action has been presented in accordance with
the procedure set forth in paragraph (2).
‘‘(2) An action shall be deemed presented for purposes
of paragraph (1) if it is—
‘‘(A) in writing; and
22 USC 2370a.
Certification.
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‘‘(B) received by the United States Department of State
on or before 120 days after the date specified in paragraph
(3) at—
‘‘(i) the headquarters of the United States Depart-
ment of State in Washington, D.C.; or
‘‘(ii) the Embassy of the United States of America
to Nicaragua.
‘‘(3) The date to which paragraph (2) refers is a date after
enactment of this subsection that is specified by the Secretary
of State, in the Secretary’s discretion, in a notice published
in the Federal Register.’’.
WAR CRIMES IN AFRICA
SEC. 585. (a) The Congress recognizes the important contribu-
tion that the democratically elected Government of Nigeria has
played in fostering stability in West Africa.
(b) The Congress reaffirms its support for the efforts of the
International Criminal Tribunal for Rwanda (ICTR) and the Special
Court for Sierra Leone (SCSL) to bring to justice individuals respon-
sible for war crimes and crimes against humanity in a timely
manner.
(c) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR
and SCSL are credibly alleged to be living, if the Secretary of
State determines and reports to the Committees on Appropriations
that such government is cooperating with ICTR and SCSL,
including the surrender and transfer of indictees in a timely
manner: Provided, That this subsection shall not apply to assistance
provided under section 551 of the Foreign Assistance Act of 1961
or to project assistance under title II of this Act: Provided further,
That the United States shall use its voice and vote in the United
Nations Security Council to fully support efforts by ICTR and
SCSL to bring to justice individuals indicted by such tribunals
in a timely manner.
(d) The prohibition in subsection (c) may be waived on a country
by country basis if the President determines that doing so is in
the national security interest of the United States: Provided, That
prior to exercising such waiver authority, the President shall submit
a report to the Committees on Appropriations, in classified form
if necessary, on: (1) the steps being taken to obtain the cooperation
of the government in surrendering the indictee in question to SCSL
or ICTR; (2) a strategy for bringing the indictee before ICTR or
SCSL; and (3) the justification for exercising the waiver authority.
ADMISSION OF REFUGEES
SEC. 586. (a) The Secretary of State shall utilize private vol-
untary organizations with expertise in the protection needs of refu-
gees in the processing of refugees overseas for admission and
resettlement to the United States, and shall utilize such agencies
in addition to the United Nations High Commissioner for Refugees
in the identification and referral of refugees.
(b) The Secretary of State should maintain a system for
accepting referrals of appropriate candidates for resettlement from
local private, voluntary organizations and work to ensure that
President.
Reports.
Notice.
Federal Register,
publication.
Deadline.
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particularly vulnerable refugee groups receive special consideration
for admission into the United States, including—
(1) long-stayers in countries of first asylum;
(2) unaccompanied refugee minors;
(3) refugees outside traditional camp settings; and
(4) refugees in woman-headed households.
(c) The Secretary of State shall give special consideration to—
(1) refugees of all nationalities who have close family ties
to citizens and residents of the United States; and
(2) other groups of refugees who are of special concern
to the United States.
CODE OF CONDUCT
SEC. 587. (a) None of the funds made available by title II
under the heading ‘‘Migration and Refugee Assistance’’ or ‘‘Transi-
tion Initiatives’’ to provide assistance to refugees or internally dis-
placed persons may be provided to an organization that has failed
to adopt a code of conduct consistent with the Inter-Agency Standing
Committee Task Force on Protection From Sexual Exploitation and
Abuse in Humanitarian Crises six core principles for the protection
of beneficiaries of humanitarian assistance.
(b) In administering the amounts made available for the
accounts described in subsection (a), the Secretary of State and
Administrator of the United States Agency for International
Development shall incorporate specific policies and programs for
the purpose of identifying specific needs of, and particular threats
to, women and children at the various stages of humanitarian
emergencies, especially at the onset of such emergency.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING
AUTHORITY
SEC. 588. (a) AUTHORITY.—Up to $37,500,000 of the funds made
available in this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961, including funds appropriated under
the heading ‘‘Assistance for Eastern Europe and the Baltic States’’,
may be used by the United States Agency for International Develop-
ment (USAID) to hire and employ individuals in the United States
and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of
1980.
(b) RESTRICTIONS.—
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175, of which not more than 75 may be hired for employ-
ment in the United States.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2007.
(c) CONDITIONS.—The authority of this section may only be
used—
(1) to the extent that an equivalent number of positions
that are filled by personal services contractors or other non-
direct-hire employees of USAID, who are compensated with
funds appropriated to carry out part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
‘‘Assistance for Eastern Europe and the Baltic States’’, are
eliminated; and
Expiration date.
22 USC 3948
note.
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(2) after consultations between the Committees on Appro-
priations and the USAID Administrator on the implementation
of this section and USAID work force issues more generally.
(d) PRIORITY SECTORS.—In exercising the authority of this sec-
tion, primary emphasis shall be placed on enabling USAID to meet
personnel positions in technical skill areas currently encumbered
by contractor or other nondirect-hire personnel.
(e) CONSULTATIONS.—After the initial consultations required
by subsection (c)(2), the USAID Administrator shall consult with
the Committees on Appropriations at least on a quarterly basis
thereafter concerning the implementation of this section.
(f) PROGRAM ACCOUNT CHARGED.—The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual’s respon-
sibilities primarily relate. Funds made available to carry out this
section may be transferred to and merged and consolidated with
funds appropriated for ‘‘Operating Expenses of the United States
Agency for International Development’’.
(g) RELATION TO PRIOR LAW.—Upon completion of the consulta-
tions required by subsection (c)(2), the authority contained in this
section shall supersede the authority contained in section 525 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004.
(h) DISASTER SURGE CAPACITY.—Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ‘‘Assistance for
Eastern Europe and the Baltic States’’, may be used, in addition
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by the United States Agency for International Development whose
primary responsibility is to carry out programs in response to
natural disasters.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT
BANK RESTRICTIONS
SEC. 589. (a) LIMITATION ON USE OF FUNDS BY OPIC.—None
of the funds made available in this Act may be used by the Overseas
Private Investment Corporation to insure, reinsure, guarantee, or
finance any investment in connection with a project involving the
mining, polishing or other processing, or sale of diamonds in a
country that fails to meet the requirements of subsection (c).
(b) LIMITATION
ON USE
OF FUNDS
BY
THE EXPORT-IMPORT
BANK.—None of the funds made available in this Act may be
used by the Export-Import Bank of the United States to guarantee,
insure, extend credit, or participate in an extension of credit in
connection with the export of any goods to a country for use in
an enterprise involving the mining, polishing or other processing,
or sale of diamonds in a country that fails to meet the requirements
of subsection (c).
(c) REQUIREMENTS.—The requirements referred to in sub-
sections (a) and (b) are that the country concerned is implementing
the recommendations, obligations and requirements developed by
the Kimberley Process on conflict diamonds.
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PUBLIC LAW 108–447—DEC. 8, 2004
SECURITY IN ASIA
SEC. 590. (a) INDONESIA.—Funds made available for assistance
for Indonesia under the heading ‘‘Foreign Military Financing Pro-
gram’’ may be made available for assistance for the Indonesian
navy notwithstanding section 572 of this Act if the Secretary of
State reports to the Committees on Appropriations that the Indo-
nesian navy is not violating human rights and is cooperating with
civilian judicial authorities on cases involving human rights viola-
tions: Provided, That such funds may only be made available for
assistance for the Indonesian navy for the purposes of enhancing
maritime security: Provided further, That such funds shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
(b) CAMBODIA.—Funds made available for assistance for Cam-
bodia under the heading ‘‘Foreign Military Financing Program’’
may be made available notwithstanding section 554 of this Act:
Provided, That such funds shall only be made available subject
to the regular notification procedures of the Committees on Appro-
priations.
(c) NEPAL.—
(1) The Congress deplores and condemns the Maoist insur-
gency in Nepal which has engaged in widespread atrocities
against civilians and Nepalese security forces, and calls on
other nations to denounce these vicious acts.
(2) Funds appropriated under the heading ‘‘Foreign Mili-
tary Financing Program’’ may be made available for assistance
for Nepal if the Secretary of State reports to the Committees
on Appropriations that the Government of Nepal:
(A) has determined the number of and is making
substantial progress in complying with habeas corpus
orders issued by the Supreme Court of Nepal, including
all outstanding orders;
(B) is cooperating with the National Human Rights
Commission of Nepal to identify and resolve all security
related cases involving individuals in government custody;
(C) is granting the National Human Rights Commis-
sion of Nepal unimpeded access to all places of detention;
and
(D) is taking effective steps to end torture by security
forces and to prosecute members of such forces who are
responsible for gross violations of human rights.
(3) The Secretary of State may waive the requirements
of paragraph (2) if he determines and reports to the Committees
on Appropriations that to do so is in the national security
interests of the United States.
HIPC DEBT REDUCTION AND TRUST FUND
SEC. 591. (a) Section 801(b)(1) of Public Law 106–429 is
amended—
(1) by inserting ‘‘(i)’’ after ‘‘appropriated’’; and
(2) by inserting before the period ‘‘; and (ii) for fiscal years
2004–2006, not more than $150,000,000, for purposes of addi-
tional United States contributions to the HIPC Trust Fund
administered by the Bank, which are authorized to remain
available until expended’’.
114 Stat.
1900A–64.
Reports.
Reports.
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118 STAT. 3037
PUBLIC LAW 108–447—DEC. 8, 2004
(b) Section 501(i) of Public Law 106–113 is amended by striking
‘‘2003–2004’’ and inserting ‘‘2000–2006’’.
COMPLIANCE WITH THE ALGIERS AGREEMENTS
SEC. 592. None of the funds appropriated by this Act may
be made available for assistance for the central Governments of
Ethiopia or Eritrea unless the Secretary of State certifies and
reports to the Committees on Appropriations that such government
is taking steps to comply with the terms of the Algiers Agreements:
Provided, That this section shall not apply to democracy, rule
of law, peacekeeping programs and activities, child survival and
health, basic education, and agriculture programs: Provided further,
That the Secretary may waive the requirements of this section
if he determines that to do so is in the national security interests
of the United States.
ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL
DEVELOPMENT BANKS
SEC. 593. (a) Section 1307 of the International Financial Institu-
tions Act (22 U.S.C. 262m–7) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) ASSESSMENT REQUIRED BEFORE FAVORABLE VOTE ON PRO-
POSAL.—The Secretary of the Treasury shall instruct the United
States Executive Director of each multilateral development bank
not to vote in favor of any proposal (including but not limited
to any loan, credit, grant, guarantee) which would result or be
likely to result in significant impact on the environment, unless
the Secretary, after consultation with the Secretary of State and
the Administrators of the United States Agency for International
Development and the Environmental Protection Agency, determines
that for at least 120 days before the date of the vote—
‘‘(1) an assessment analyzing the environmental impacts
of the proposed action, including associated and cumulative
impacts, and of alternatives to the proposed action, has been
completed by the borrower or the bank and has been made
available to the board of directors of the bank; and
‘‘(2) such assessment or a comprehensive summary of the
assessment (with proprietary information redacted) has been
made available to affected groups, and local nongovernmental
organizations and notice of its availability in the country and
at the bank has been posted on the bank’s website.’’; and
(2) by striking subsection (g) and inserting the following:
‘‘(g) MULTILATERAL DEVELOPMENT BANK DEFINED.—In this title,
the term ‘multilateral development bank’ means the International
Bank for Reconstruction and Development, the European Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Multilateral
Investment Guarantee Agency, the African Development Bank, the
African Development Fund, the Asian Development Bank, the Inter-
American Development Bank, the Inter-American Investment Cor-
poration, any other institution (other than the International Mone-
tary Fund) specified in section 1701(c)(2), and any subsidiary of
any such institution.’’.
(b) Section 1303(b) of the International Financial Institutions
Act (22 U.S.C. 262m–2(b)) is amended—
22 USC 2395
note.
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118 STAT. 3038
PUBLIC LAW 108–447—DEC. 8, 2004
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’ and replacing ‘‘International
Bank for Reconstruction and Development, the Inter-American
Development Bank, the Asian Development Bank, the African
Development Bank’’ with the phrase ‘‘multilateral development
banks as defined in section 1307(g)’’; and
(2) by inserting at the end of subsection (b) the following
text:
‘‘(2) The Secretary of the Treasury shall instruct such Executive
Directors to work with other countries’ Executive Directors and
multilateral development bank management to—
‘‘(A) improve the procedures of each multilateral develop-
ment bank for providing its board of directors with a complete
and accurate record regarding public consultation before they
vote on proposed projects with significant environmental
implications; and
‘‘(B) revise bank procedures to consistently require public
consultation on operational policy proposals or revisions that
have significant environmental or social implications.
‘‘(3) Progress under this subsection shall be incorporated into
Treasury’s required annual report to Congress on the environmental
performance of the multilateral development banks.’’.
VIETNAMESE REFUGEES
SEC. 594. (a) ELIGIBILITY
FOR IN-COUNTRY REFUGEE PROC-
ESSING IN VIETNAM.—For purposes of eligibility for in-country ref-
ugee processing for nationals of Vietnam during fiscal years 2004
and 2005, an alien described in subsection (b) shall be considered
to be a refugee of special humanitarian concern to the United
States (within the meaning of section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157)) and shall be admitted to the
United States for resettlement if the alien would be admissible
as an immigrant under the Immigration and Nationality Act (except
as provided in section 207(c)(3) of that Act).
(b) ALIENS COVERED.—An alien described in this subsection
is an alien who—
(1) is the son or daughter of a qualified national;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of the
alien’s parent for resettlement under the Orderly Departure
Program or through the United States Consulate General in
Ho Chi Minh City.
(c) QUALIFIED NATIONAL.—The term ‘‘qualified national’’ in sub-
section (b)(1) means a national of Vietnam who—
(1)(A) was formerly interned in a re-education camp in
Vietnam by the Government of the Socialist Republic of
Vietnam; or
(B) is the widow or widower of an individual described
in subparagraph (A);
(2)(A) qualified for refugee processing under the Orderly
Departure Program re-education subprogram; and
(B) is or was accepted under the Orderly Departure Pro-
gram or through the United States Consulate General in Ho
Chi Minh City—
(i) for resettlement as a refugee; or
(ii) for admission to the United States as an immediate
relative immigrant; and
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118 STAT. 3039
PUBLIC LAW 108–447—DEC. 8, 2004
(3)(A) is presently maintaining a residence in the United
States or whose surviving spouse is presently maintaining such
a residence; or
(B) was approved for refugee resettlement or immigrant
visa processing and is awaiting departure formalities from
Vietnam or whose surviving spouse is awaiting such departure
formalities.
JOINT EXPLANATORY STATEMENT
SEC. 595. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the respective tables included in the
joint explanatory statement of managers accompanying this Act:
‘‘Economic Support Fund’’.
‘‘Assistance for Eastern Europe and the Baltic States’’.
‘‘Assistance for the Independent States of the Former Soviet
Union’’.
‘‘Andean Counterdrug Initiative’’.
‘‘Nonproliferation, Anti-Terrorism, Demining and Related
Programs’’.
‘‘Foreign Military Financing Program’’.
‘‘International Organizations and Programs’’.
(b) Any proposed increases or decreases to the amounts con-
tained in such tables in the joint explanatory statement of managers
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
This division may be cited as the ‘‘Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005’’.
DIVISION E—DEPARTMENT OF THE INTERIOR AND
RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisi-
tion of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $848,939,000, to remain available until expended, of which
$1,000,000 is for high priority projects, to be carried out by the
Youth Conservation Corps; $4,000,000 is for assessment of the
mineral potential of public lands in Alaska pursuant to section
1010 of Public Law 96–487; (16 U.S.C. 3150); and of which not
to exceed $1,000,000 shall be derived from the special receipt
account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l–6a(i)); and of which $3,500,000
shall be available in fiscal year 2005 subject to a match by at
least an equal amount by the National Fish and Wildlife Foundation
Department of
the Interior and
Related Agencies
Appropriations
Act, 2005.
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118 STAT. 3040
PUBLIC LAW 108–447—DEC. 8, 2004
for cost-shared projects supporting conservation of Bureau lands;
and such funds shall be advanced to the Foundation as a lump
sum grant without regard to when expenses are incurred.
In addition, $32,696,000 is for Mining Law Administration pro-
gram operations, including the cost of administering the mining
claim fee program; to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropria-
tion from annual mining claim fees so as to result in a final
appropriation estimated at not more than $848,939,000, and
$2,000,000, to remain available until expended, from communication
site rental fees established by the Bureau for the cost of admin-
istering communication site activities.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppression oper-
ations, fire science and research, emergency rehabilitation, haz-
ardous fuels reduction, and rural fire assistance by the Department
of the Interior, $743,099,000, to remain available until expended,
of which not to exceed $12,374,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are
also available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection ren-
dered pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of
the Interior may enter into procurement contracts, grants, or
cooperative agreements, for hazardous fuels reduction activities,
and for training and monitoring associated with such hazardous
fuels reduction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal
entity may be shared, as mutually agreed on by the affected parties:
Provided further, That notwithstanding requirements of the Com-
petition in Contracting Act, the Secretary, for purposes of hazardous
fuels reduction activities, may obtain maximum practicable competi-
tion among: (1) local private, nonprofit, or cooperative entities;
(2) Youth Conservation Corps crews or related partnerships with
State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train locally a
significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That in
implementing this section, the Secretary shall develop written guid-
ance to field units to ensure accountability and consistent applica-
tion of the authorities provided herein: Provided further, That funds
appropriated under this head may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
Guidance.
Contracts.
Grants.
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118 STAT. 3041
PUBLIC LAW 108–447—DEC. 8, 2004
connection with wildland fire management activities: Provided fur-
ther, That the Secretary of the Interior may use wildland fire
appropriations to enter into non-competitive sole source leases of
real property with local governments, at or below fair market value,
to construct capitalized improvements for fire facilities on such
leased properties, including but not limited to fire guard stations,
retardant stations, and other initial attack and fire support facili-
ties, and to make advance payments for any such lease or for
construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture
may authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $12,000,000,
between the Departments when such transfers would facilitate and
expedite jointly funded wildland fire management programs and
projects: Provided further, That funds provided for wildfire suppres-
sion shall be available for support of Federal emergency response
actions.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the remedial action,
including associated activities, of hazardous waste substances,
pollutants, or contaminants pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), $9,855,000, to remain available
until expended: Provided, That, notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or as
reimbursement for remedial action or response activities conducted
by the Department pursuant to section 107 or 113(f) of such Act,
shall be credited to this account, to be available until expended
without further appropriation: Provided further, That such sums
recovered from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $11,500,000, to remain available until
expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $11,350,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of
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118 STAT. 3042
PUBLIC LAW 108–447—DEC. 8, 2004
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $109,057,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102–
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning, preparing,
implementing and monitoring salvage timber sales and forest eco-
system health and recovery activities, such as release from com-
peting vegetation and density control treatments. The Federal share
of receipts (defined as the portion of salvage timber receipts not
paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–
1 et seq., and Public Law 106–393) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem Health
and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from Bankhead-
Jones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to proc-
essing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579, as amended,
and Public Law 93–153, to remain available until expended: Pro-
vided, That, notwithstanding any provision to the contrary of section
305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that
have been or will be received pursuant to that section, whether
as a result of forfeiture, compromise, or settlement, if not appro-
priate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau
43 USC 1735
note.
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118 STAT. 3043
PUBLIC LAW 108–447—DEC. 8, 2004
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings
and appurtenant facilities to which the United States has title;
up to $100,000 for payments, at the discretion of the Secretary,
for information or evidence concerning violations of laws adminis-
tered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and
to be accounted for solely on her certificate, not to exceed $10,000:
Provided, That, notwithstanding 44 U.S.C. 501, the Bureau may,
under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the coopera-
tors share the cost of printing either in cash or in services, and
the Bureau determines the cooperator is capable of meeting accepted
quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, maintenance of the herd of long-horned cattle on the
Wichita Mountains Wildlife Refuge, general administration, and
for the performance of other authorized functions related to such
resources by direct expenditure, contracts, grants, cooperative agree-
ments and reimbursable agreements with public and private enti-
ties, $977,205,000, to remain available until September 30, 2006,
except as otherwise provided herein: Provided, That not less than
$1,000,000 shall be provided to local governments in southern Cali-
fornia for planning associated with the Natural Communities Con-
servation Planning (NCCP) program and shall remain available
until expended: Provided further, That $2,000,000 is for high pri-
ority projects, which shall be carried out by the Youth Conservation
Corps: Provided further, That, not to exceed $16,175,000, shall
be used for implementing subsections (a), (b), (c), and (e) of section
Contracts.
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PUBLIC LAW 108–447—DEC. 8, 2004
4 of the Endangered Species Act, as amended, for species that
are indigenous to the United States (except for processing petitions,
developing and issuing proposed and final regulations, and taking
any other steps to implement actions described in subsection
(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$11,400,000 shall be used for any activity regarding the designation
of critical habitat, pursuant to subsection (a)(3), excluding litigation
support, for species listed pursuant to subsection (a)(1) prior to
October 1, 2004: Provided further, That of the amount available
for law enforcement, up to $400,000, to remain available until
expended, may at the discretion of the Secretary be used for pay-
ment for information, rewards, or evidence concerning violations
of laws administered by the Service, and miscellaneous and emer-
gency expenses of enforcement activity, authorized or approved
by the Secretary and to be accounted for solely on her certificate:
Provided further, That of the amount provided for environmental
contaminants, up to $1,000,000 may remain available until
expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, manage-
ment, investigation, protection, and utilization of fishery and wild-
life resources, and the acquisition of lands and interests therein;
$53,400,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, a single procurement
for the construction project at the Clark R. Bavin Forensics Labora-
tory in Oregon may be issued which includes the full scope of
the project: Provided further, That the solicitation and the contract
shall contain the clause ‘‘availability of funds’’ found at 48 CFR
52.232.18.
LAND ACQUISITION
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land
or waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$37,526,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended, of which $750,000
is for support of acquisition of lands for waterfowl habitat in the
Yukon Flats National Wildlife Refuge, and the related conveyance
of Federal lands and interests in lands to Doyon, Limited, an
Alaska Native Corporation organized pursuant to the Alaska Native
Claims Settlement Act: Provided, That the Secretary is authorized
to, and shall, execute all necessary acquisitions and exchange agree-
ment documents in furtherance of this acquisition and exchange
as soon as possible: Provided further, That, notwithstanding any
other law, all revenues, fees and royalties received by the Federal
Government from oil and/or gas production from the lands, and
interests in land, acquired by Doyon, Limited, pursuant to the
exchange of lands located within Yukon Flats National Wildlife
Refuge shall be deposited in a special account in the Treasury
of the United States to be called the Alaska National Wildlife
Refuge Land Acquisition and Facility Account (‘‘Acquisition
Account’’): Provided further, That all amounts deposited in the
Contracts.
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acquisition account shall be available until expended without fur-
ther act of appropriation to the Director of the United States Fish
and Wildlife Service for only the following purposes: (1) to acquire
lands from Doyon, Limited, located within Yukon Flats National
Wildlife Refuge in accordance with the Exchange Agreement; (2)
to acquire lands from other willing sellers in the Yukon Flats
National Wildlife Refuge, or from other willing sellers in other
units of the National Wildlife Refuge System located within the
State of Alaska; and (3) to construct facilities and infrastructure
for Alaska refuges: Provided further, That none of the funds appro-
priated for specific land acquisition projects, other than the appro-
priations for the Yukon Flats National Wildlife Refuge exchange
and acquisition provided for under this heading, can be used to
pay for any administrative overhead, planning or other management
costs: Provided further, That none of the funds in this or any
other Act may be used for the acquisition of land for inclusion
in the Deep Fork National Wildlife Refuge.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $22,000,000, to be derived
from the Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided herein
is for a Landowner Incentive Program established by the Secretary
that provides matching, competitively awarded grants to States,
the District of Columbia, federally recognized Indian tribes, Puerto
Rico, Guam, the United States Virgin Islands, the Northern Mar-
iana Islands, and American Samoa, to establish or supplement
existing landowner incentive programs that provide technical and
financial assistance, including habitat protection and restoration,
to private landowners for the protection and management of habitat
to benefit federally listed, proposed, candidate, or other at-risk
species on private lands.
PRIVATE STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $7,000,000, to be derived
from the Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided herein
is for the Private Stewardship Grants Program established by the
Secretary to provide grants and other assistance to individuals
and groups engaged in private conservation efforts that benefit
federally listed, proposed, candidate, or other at-risk species: Pro-
vided further, That balances from amounts previously appropriated
under the heading ‘‘Stewardship Grants’’ shall be transferred to
and merged with this appropriation and shall remain available
until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended,
Grants.
State listing.
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$81,596,000, of which $32,212,000 is to be derived from the Coopera-
tive Endangered Species Conservation Fund and $49,384,000 is
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101–233, as
amended, $38,000,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the conservation
of neotropical migratory birds in accordance with the Neotropical
Migratory Bird Conservation Act, Public Law 106–247 (16 U.S.C.
6101–6109), $4,000,000, to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Con-
servation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–
4245, and 1538), the Asian Elephant Conservation Act of 1997
(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301), and the Marine
Turtle Conservation Act of 2004 (Public Law 108–266; 16 U.S.C.
6601), $5,800,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and federally rec-
ognized Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not hunted
or fished, $70,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended: Pro-
vided, That of the amount provided herein, $6,000,000 is for a
competitive grant program for Indian tribes not subject to the
remaining provisions of this appropriation: Provided further, That
the Secretary shall, after deducting said $6,000,000 and administra-
tive expenses, apportion the amount provided herein in the following
manner: (1) to the District of Columbia and to the Commonwealth
of Puerto Rico, each a sum equal to not more than one-half of
1 percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1) one-
third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and
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(2) two-thirds of which is based on the ratio to which the population
of such State bears to the total population of all such States:
Provided further, That the amounts apportioned under this para-
graph shall be adjusted equitably so that no State shall be appor-
tioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of
the total costs of such projects and the Federal share of implementa-
tion grants shall not exceed 50 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That no State, territory, or other jurisdiction shall receive
a grant unless it has developed, or committed to develop by October
1, 2005, a comprehensive wildlife conservation plan, consistent with
criteria established by the Secretary of the Interior, that considers
the broad range of the State, territory, or other jurisdiction’s wildlife
and associated habitats, with appropriate priority placed on those
species with the greatest conservation need and taking into consid-
eration the relative level of funding available for the conservation
of those species: Provided further, That any amount apportioned
in 2005 to any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2006, shall be reapportioned,
together with funds appropriated in 2007, in the manner provided
herein: Provided further, That balances from amounts previously
appropriated under the heading ‘‘State Wildlife Grants’’ shall be
transferred to and merged with this appropriation and shall remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for purchase of not to exceed
179 passenger motor vehicles, of which 161 are for replacement
only (including 44 for police-type use); repair of damage to public
roads within and adjacent to reservation areas caused by operations
of the Service; options for the purchase of land at not to exceed
$1 for each option; facilities incident to such public recreational
uses on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used
pursuant to law in connection with management, and investigation
of fish and wildlife resources: Provided, That notwithstanding 44
U.S.C. 501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing serv-
ices from cooperators in connection with jointly produced publica-
tions for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That, notwithstanding any other provision of law,
the Service may use up to $2,000,000 from funds provided for
contracts for employment-related legal services: Provided further,
That the Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That, notwithstanding any other
provision of law, the Secretary of the Interior may not spend any
of the funds appropriated in this Act for the purchase of lands
or interests in lands to be used in the establishment of any new
Contracts.
Deadline.
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unit of the National Wildlife Refuge System unless the purchase
is approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in House Report 108–330.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administra-
tion of the National Park Service, $1,707,282,000, of which
$10,708,000 is for planning and interagency coordination in support
of Everglades restoration and shall remain available until expended;
of which $96,440,000 is for maintenance, repair or rehabilitation
projects for constructed assets, operation of the National Park
Service automated facility management software system, and com-
prehensive facility condition assessments; and of which $2,000,000
is for the Youth Conservation Corps for high priority projects:
Provided, That the only funds in this account which may be made
available to support United States Park Police are those funds
approved for emergency law and order incidents pursuant to estab-
lished National Park Service procedures, those funds needed to
maintain and repair United States Park Police administrative facili-
ties, and those funds necessary to reimburse the United States
Park Police account for the unbudgeted overtime and travel costs
associated with special events for an amount not to exceed $10,000
per event subject to the review and concurrence of the Washington
headquarters office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of the United
States Park Police, $81,204,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, nat-
ural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant adminis-
tration, not otherwise provided for, $61,832,000: Provided, That
$700,000 from the Statutory and Contractual Aid Account shall
be provided to the City of Tacoma, Washington for the purpose
of conducting a feasibility study for the Train to the Mountain
project: Provided further, That none of the funds in this Act for
the River, Trails and Conservation Assistance program may be
used for cash agreements, or for cooperative agreements that are
inconsistent with the program’s final strategic plan: Provided fur-
ther, That notwithstanding section 8(b) of Public Law 102–543
(16 U.S.C. 410yy–8(b)), amounts made available under this heading
to the Keweenaw National Historical Park shall be matched on
not less than a 1-to-1 basis by non-Federal funds.
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HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic Preserva-
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104–333), $72,750,000, to be derived from the Historic Preservation
Fund, to remain available until September 30, 2006, of which
$30,000,000 shall be for Save America’s Treasures for preservation
of nationally significant sites, structures, and artifacts: Provided,
That any individual Save America’s Treasures grant shall be
matched by non-Federal funds: Provided further, That individual
projects shall only be eligible for one grant: Provided further, That
all projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate Committees
on Appropriations and the President’s Committee on the Arts and
Humanities prior to the commitment of Save America’s Treasures
grant funds: Provided further, That Save America’s Treasures funds
allocated for Federal projects, following approval, shall be available
by transfer to appropriate accounts of individual agencies: Provided
further, That hereinafter and notwithstanding 20 U.S.C. 951 et
seq. the National Endowment for the Arts may award Save Amer-
ica’s Treasures grants based upon the recommendations of the
Save America’s Treasures grant selection panel convened by the
President’s Committee on the Arts and the Humanities and the
National Park Service.
CONSTRUCTION
For construction, improvements, repair or replacement of phys-
ical facilities, including the modifications authorized by section
104 of the Everglades National Park Protection and Expansion
Act of 1989, $307,362,000, to remain available until expended,
of which $500,000 for the L.Q.C. Lamar House National Historic
Landmark shall be derived from the Historic Preservation Fund
pursuant to 16 U.S.C. 470a: Provided, That none of the funds
available to the National Park Service may be used to plan, design,
or construct any partnership project with a total value in excess
of $5,000,000, without advance approval of the House and Senate
Committees on Appropriations: Provided further, That, notwith-
standing any other provision of law, the National Park Service
may not accept donations or services associated with the planning,
design, or construction of such new facilities without advance
approval of the House and Senate Committees on Appropriations:
Provided further, That these restrictions do not apply to the Flight
93 Memorial: Provided further, That funds provided under this
heading for implementation of modified water deliveries to Ever-
glades National Park shall be expended consistent with the require-
ments of the fifth proviso under this heading in Public Law 108–
108: Provided further, That none of the funds provided in this
or any other Act may be used for planning, design, or construction
of any underground security screening or visitor contact facility
at the Washington Monument until such facility has been approved
in writing by the House and Senate Committees on Appropriations:
Provided further, That the National Park Service may use funds
provided herein to construct a parking lot and connecting trail
on leased, non-Federal land in order to accommodate visitor use
of the Old Rag Mountain Trail at Shenandoah National Park,
and may for the duration of such lease use any funds available
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to the Service for the maintenance of the parking lot and connecting
trail.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2005 by 16
U.S.C. 460l–10a are rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the Land and Water Con-
servation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),
including administrative expenses, and for acquisition of lands or
waters, or interest therein, in accordance with the statutory
authority applicable to the National Park Service, $148,411,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which $92,500,000 is for
the State assistance program including $1,500,000 to administer
this program: Provided, That none of the funds provided for the
State assistance program may be used to establish a contingency
fund: Provided further, That in lieu of State assistance program
indirect costs (as described in OMB Circular A–87), not to exceed
5 percent of apportionments under the State assistance program
may be used by States, the District of Columbia, and insular areas
to support program administrative costs: Provided further, That
$250,000 of the amount provided under this heading for civil war
battlefield protection shall be available for transfer to the ‘‘National
Recreation and Preservation’’ account.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available
for the purchase of not to exceed 249 passenger motor vehicles,
of which 202 shall be for replacement only, including not to exceed
193 for police-type use, 10 buses, and 8 ambulances: Provided,
That none of the funds appropriated to the National Park Service
may be used to process any grant or contract documents which
do not include the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Service may
be used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been sub-
mitted to the Congress and shall not be implemented prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than 3 calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the development
of the southern end of Ellis Island, including the facts and cir-
cumstances relied upon in support of the proposed project: Provided
further, That appropriations available to the National Park Service
may be used to maintain the following areas in Washington, District
of Columbia: Jackson Place, Madison Place, and Pennsylvania
Avenue between 15th and 17th Streets, Northwest.
Expiration date.
Reports.
16 USC 460l–10a
note.
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None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the United
Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to encour-
age employees receiving workers’ compensation benefits pursuant
to chapter 81 of title 5, United States Code, to return to appropriate
positions for which they are medically able.
Notwithstanding any other provision of law, in fiscal year 2005,
with respect to the administration of the National Park Service
park pass program by the National Park Foundation, the Secretary
may pay to the Foundation administrative funds expected to be
received in that fiscal year before the revenues are collected, so
long as total payments in the administrative account do not exceed
total revenue collected and deposited in that account by the end
of the fiscal year.
If the Secretary of the Interior considers the decision of any
value determination proceeding conducted under a National Park
Service concession contract issued prior to November 13, 1998,
to misinterpret or misapply relevant contractual requirements or
their underlying legal authority, the Secretary may seek, within
180 days of any such decision, the de novo review of the value
determination by the United States Court of Federal Claims, and
that court may make an order affirming, vacating, modifying or
correcting the determination.
In addition to other uses set forth in section 407(d) of Public
Law 105–391, franchise fees credited to a sub-account shall be
available for expenditure by the Secretary, without further appro-
priation, for use at any unit within the National Park System
to extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose
to the extent that the benefiting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed the
amount of funds used to extinguish or reduce liability. Franchise
fees at the benefiting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term of
a single contract at the benefiting unit, in the amount of funds
so expended to extinguish or reduce liability.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the economic
conditions affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes
as authorized by law and to publish and disseminate data;
$948,921,000, of which $63,262,000 shall be available only for
Deadline.
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cooperation with States or municipalities for water resources inves-
tigations; and of which $7,901,000 shall remain available until
expended for satellite operations; and of which $21,971,000 shall
be available until September 30, 2006, for the operation and mainte-
nance of facilities and deferred maintenance; and of which
$1,600,000 shall be available until expended for deferred mainte-
nance and capital improvement projects that exceed $100,000 in
cost; and of which $174,219,000 shall be available until September
30, 2006, for the biological research activity and the operation
of the Cooperative Research Units: Provided, That none of the
funds provided for the biological research activity shall be used
to conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That no part of this appropriation shall be used to pay more
than one-half the cost of topographic mapping or water resources
data collection and investigations carried on in cooperation with
States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological
Survey shall be available for the purchase and replacement of
passenger motor vehicles; reimbursement to the General Services
Administration for security guard services; contracting for the fur-
nishing of topographic maps and for the making of geophysical
or other specialized surveys when it is administratively determined
that such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations and observation wells;
expenses of the United States National Committee on Geology;
and payment of compensation and expenses of persons on the
rolls of the Survey duly appointed to represent the United States
in the negotiation and administration of interstate compacts: Pro-
vided, That activities funded by appropriations herein made may
be accomplished through the use of contracts, grants, or cooperative
agreements as defined in 31 U.S.C. 6302 et seq.: Provided further,
That the United States Geological Survey may enter into contracts
or cooperative agreements directly with individuals or indirectly
with institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of students
or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code,
relating to compensation for travel and work injuries, and chapter
171 of title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable
to oil, gas, and other minerals leases, permits, licenses and oper-
ating contracts; and for matching grants or cooperative agreements;
including the purchase of not to exceed eight passenger motor
vehicles for replacement only, $169,175,000, of which $76,106,000
Contracts.
43 USC 50.
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118 STAT. 3053
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shall be available for royalty management activities; and an amount
not to exceed $103,730,000, to be credited to this appropriation
and to remain available until expended, from additions to receipts
resulting from increases to rates in effect on August 5, 1993, from
rate increases to fee collections for Outer Continental Shelf adminis-
trative activities performed by the Minerals Management Service
(MMS) over and above the rates in effect on September 30, 1993,
and from additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided, That
to the extent $103,730,000 in additions to receipts are not realized
from the sources of receipts stated above, the amount needed to
reach $103,730,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental Shelf
leases in effect before August 5, 1993: Provided further, That
$3,000,000 for computer acquisitions shall remain available until
September 30, 2006: Provided further, That funds appropriated
under this Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided further, That
not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of overpay-
ments in connection with certain Indian leases in which the Director
of MMS concurred with the claimed refund due, to pay amounts
owed to Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That MMS may under the
royalty-in-kind program, or under its authority to transfer oil to
the Strategic Petroleum Reserve, use a portion of the revenues
from royalty-in-kind sales, without regard to fiscal year limitation,
to pay for transportation to wholesale market centers or upstream
pooling points, to process or otherwise dispose of royalty production
taken in kind, and to recover MMS transportation costs, salaries,
and other administrative costs directly related to the royalty-in-
kind program: Provided further, That MMS shall analyze and docu-
ment the expected return in advance of any royalty-in-kind sales
to assure to the maximum extent practicable that royalty income
under the pilot program is equal to or greater than royalty income
recognized under a comparable royalty-in-value program: Provided
further, That in fiscal year 2005 and thereafter, notwithstanding
30 U.S.C. 191(a) and 43 U.S.C. 1338, the Secretary shall pay
amounts owed to States under the provision of 30 U.S.C. 1721(b)
from amounts received as current receipts from bonuses, royalties,
interest collected from lessees and designees, and rentals of the
public lands and the outer continental shelf under provisions of
the Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are
not payable to a State or the Reclamation Fund.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $7,105,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
30 USC 1721
note.
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118 STAT. 3054
PUBLIC LAW 108–447—DEC. 8, 2004
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $109,805,000: Pro-
vided, That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys collected
in fiscal year 2005 for civil penalties assessed under section 518
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
as amended, including the purchase of not more than 10 passenger
motor vehicles for replacement only, $190,863,000, to be derived
from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended; of which up to $10,000,000, to
be derived from the Federal Expenses Share of the Fund, shall
be for supplemental grants to States for the reclamation of aban-
doned sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean Streams
Initiative: Provided, That grants to minimum program States will
be $1,500,000 per State in fiscal year 2005: Provided further, That
pursuant to Public Law 97–365, the Department of the Interior
is authorized to use up to 20 percent from the recovery of the
delinquent debt owed to the United States Government to pay
for contracts to collect these debts: Provided further, That funds
made available under title IV of Public Law 95–87 may be used
for any required non-Federal share of the cost of projects funded
by the Federal Government for the purpose of environmental res-
toration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That the State
of Maryland may set aside the greater of $1,000,000 or 10 percent
of the total of the grants made available to the State under title
IV of the Surface Mining Control and Reclamation Act of 1977,
as amended (30 U.S.C. 1231 et seq.), if the amount set aside
is deposited in an acid mine drainage abatement and treatment
fund established under a State law, pursuant to which law the
amount (together with all interest earned on the amount) is
expended by the State to undertake acid mine drainage abatement
and treatment projects, except that before any amounts greater
than 10 percent of its title IV grants are deposited in an acid
30 USC 1211
note.
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118 STAT. 3055
PUBLIC LAW 108–447—DEC. 8, 2004
mine drainage abatement and treatment fund, the State of Mary-
land must first complete all Surface Mining Control and Reclama-
tion Act priority one projects: Provided further, That amounts pro-
vided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
ADMINISTRATIVE PROVISION
With funds available for the Technical Innovation and Profes-
sional Services program in this Act, the Secretary may transfer
title for computer hardware, software and other technical equipment
to State and Tribal regulatory and reclamation programs.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments of 1978 (25 U.S.C. 2001–2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $1,955,047,000, to remain available until September
30, 2006 except as otherwise provided herein, of which not to
exceed $87,638,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $136,314,000 shall be available for payments to tribes
and tribal organizations for contract support costs associated with
ongoing contracts, grants, compacts, or annual funding agreements
entered into with the Bureau prior to or during fiscal year 2005,
as authorized by such Act, except that tribes and tribal organiza-
tions may use their tribal priority allocations for unmet indirect
costs of ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; and of which
not to exceed $456,057,000 for school operations costs of Bureau-
funded schools and other education programs shall become available
on July 1, 2005, and shall remain available until September 30,
2006; and of which not to exceed $61,801,000 shall remain available
until expended for housing improvement, road maintenance,
attorney fees, litigation support, the Indian Self-Determination
Fund, land records improvement, and the Navajo-Hopi Settlement
Program: Provided, That notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$45,348,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal organiza-
tions for administrative cost grants associated with ongoing grants
entered into with the Bureau prior to or during fiscal year 2004
for the operation of Bureau-funded schools, and up to $1,000,000
within and only from such amounts made available for school
operations shall be available for the transitional costs of initial
administrative cost grants to tribes and tribal organizations that
enter into grants for the operation on or after July 1, 2004, of
Bureau-operated schools: Provided further, That any forestry funds
allocated to a tribe which remain unobligated as of September
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118 STAT. 3056
PUBLIC LAW 108–447—DEC. 8, 2004
30, 2006, may be transferred during fiscal year 2007 to an Indian
forest land assistance account established for the benefit of such
tribe within the tribe’s trust fund account: Provided further, That
any such unobligated balances not so transferred shall expire on
September 30, 2007.
CONSTRUCTION
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facili-
ties, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irriga-
tion Project pursuant to Public Law 87–483, $323,626,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided
further, That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway Trust
Fund may be used to cover the road program management costs
of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further, That for
fiscal year 2005, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that
are provided to tribally controlled grant schools under Public Law
100–297, as amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be sub-
ject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required
by 25 U.S.C. 2005(b), with respect to organizational and financial
management capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2504(f): Provided further, That any disputes
between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2507(e): Provided
further, That in order to ensure timely completion of replacement
school construction projects, the Secretary may assume control of
a project and all funds related to the project, if, within eighteen
months of the date of enactment of this Act, any tribe or tribal
organization receiving funds appropriated in this Act or in any
prior Act, has not completed the planning and design phase of
the project and commenced construction of the replacement school:
Provided further, That, of the funds provided for the tribal school
demonstration program, notwithstanding the provisions of para-
graph (b)(1) of section 122 of division F of Public Law 108–7,
as amended by section 136 of Public Law 108–108, $4,500,000
is for the Eastern Band of Cherokee education campus at the
Ravensford tract, $4,000,000 is for the Sac and Fox Meskwaki
Settlement school, and $4,000,000 is for the Twin Buttes elementary
school on the Fort Berthold Reservation: Provided further, That
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118 STAT. 3057
PUBLIC LAW 108–447—DEC. 8, 2004
this Appropriation may be reimbursed from the Office of the Special
Trustee for American Indians Appropriation for the appropriate
share of construction costs for space expansion needed in agency
offices to meet trust reform implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $44,771,000, to remain
available until expended, for implementation of Indian land and
water claim settlements pursuant to Public Laws 99–264, 100–
580, 101–618, 106–554, 107–331, and 108–34, and for implementa-
tion of other land and water rights settlements, of which
$10,032,000 shall be available for payment to the Quinault Indian
Nation pursuant to the terms of the North Boundary Settlement
Agreement dated July 14, 2000, providing for the acquisition of
perpetual conservation easements from the Nation.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans, $6,421,000, of
which $695,000 is for administrative expenses, as authorized by
the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$84,699,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management, operation,
and maintenance of the Power Division of the San Carlos Irrigation
Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance
fund, and the Indian Guaranteed Loan Program account) shall
be available for expenses of exhibits, and purchase of not to exceed
229 passenger motor vehicles, of which not to exceed 187 shall
be for replacement only.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs for central office operations or
pooled overhead general administration (except facilities operations
and maintenance) shall be available for tribal contracts, grants,
compacts, or cooperative agreements with the Bureau of Indian
Affairs under the provisions of the Indian Self-Determination Act
or the Tribal Self-Governance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs for distribution to
other tribes, this action shall not diminish the Federal Government’s
trust responsibility to that tribe, or the government-to-government
Contracts.
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118 STAT. 3058
PUBLIC LAW 108–447—DEC. 8, 2004
relationship between the United States and that tribe, or that
tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau, other than the amounts provided herein for assist-
ance to public schools under 25 U.S.C. 452 et seq., shall be available
to support the operation of any elementary or secondary school
in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the schools
in the Bureau school system as of September 1, 1996. No funds
available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in
the Bureau school system as of October 1, 1995. Funds made
available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1146 of the Education Amendments of 1978 (25 U.S.C. 2026)),
except that a charter school that is in existence on the date of
the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate
during that period, but only if the charter school pays to the
Bureau a pro rata share of funds to reimburse the Bureau for
the use of the real and personal property (including buses and
vans), the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any obligation
for charter school programs of the State in which the school is
located if the charter school loses such funding. Employees of
Bureau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s operation
and employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United States
Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106–113, if a tribe
or tribal organization in fiscal year 2003 or 2004 received indirect
and administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101–301, the Secretary shall continue
to distribute indirect and administrative cost funds to such tribe
or tribal organization using the section 5(f) distribution formula.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $76,255,000, of which:
(1) $69,682,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary
in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of American
Samoa, in addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the Government
of Guam, as authorized by law; and grants to the Government
Alaska.
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118 STAT. 3059
PUBLIC LAW 108–447—DEC. 8, 2004
of the Northern Mariana Islands as authorized by law (Public
Law 94–241; 90 Stat. 272); and (2) $6,563,000 shall be available
for salaries and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of all agen-
cies or instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant
grant funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved
by Public Law 104–134: Provided further, That of the amounts
provided for technical assistance, sufficient funds shall be made
available for a grant to the Pacific Basin Development Council:
Provided further, That of the amounts provided for technical assist-
ance, sufficient funding shall be made available for a grant to
the Close Up Foundation: Provided further, That the funds for
the program of operations and maintenance improvement are appro-
priated to institutionalize routine operations and maintenance
improvement of capital infrastructure with territorial participation
and cost sharing to be determined by the Secretary based on the
grantee’s commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster assistance
under this heading in this Act or previous appropriations Acts
may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $5,499,000, as provided
for in sections 221(a)(2), 221(b), and 233 of the Compact of Free
Association for the Republic of Palau as authorized by Public Law
99–658; Public Law 108–188; and section 221(a)(2) of the Compacts
of Free Association and their related agreements between the
Government of the United States and the Government of the
Republic of the Marshall Islands, and the Government of the United
States of the Federated States of Micronesia, respectively, as
amended.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for management of the Department
of the Interior, $90,855,000, of which not to exceed $8,500 may
be for official reception and representation expenses, of which up
to $1,000,000 shall be available for workers compensation payments
and unemployment compensation payments associated with the
orderly closure of the United States Bureau of Mines, and of which
$14,250,000 shall remain available until expended for a depart-
mental financial and business management system: Provided, That
of the funds provided for a departmental financial and business
management system, $13,500,000 shall be derived by transfer from
48 USC 1469b.
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118 STAT. 3060
PUBLIC LAW 108–447—DEC. 8, 2004
unobligated balances in the ‘‘Central Hazardous Materials Fund’’:
Provided further, That none of the funds in this or previous appro-
priations Acts may be used to establish any additional reserves
in the Working Capital Fund account other than the two authorized
reserves without prior approval of the House and Senate Commit-
tees on Appropriations: Provided further, That amounts otherwise
appropriated by this Act for motor vehicle lease, purchase or service
costs at the Department of the Interior are reduced by $3,000,000
and, not later than 30 days after the date of the enactment of
this Act, the Director of the Office of Management and Budget
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a listing of the amounts by
account of the reductions made pursuant to this proviso.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901–6907), $230,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$52,384,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$37,800,000.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $196,267,000, to remain available until expended, of which
not to exceed $58,000,000 shall be available for historical
accounting: Provided, That funds for trust management improve-
ments and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ‘‘Operation of Indian
Programs’’ account; the Office of the Solicitor, ‘‘Salaries and
Expenses’’ account; and the Departmental Management, ‘‘Salaries
and Expenses’’ account: Provided further, That funds made available
to Tribes and Tribal organizations through contracts or grants
obligated during fiscal year 2005, as authorized by the Indian
Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain
available until expended by the contractor or grantee: Provided
further, That, notwithstanding any other provision of law, the
statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the enact-
ment of this Act, concerning losses to or mismanagement of trust
Deadline.
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118 STAT. 3061
PUBLIC LAW 108–447—DEC. 8, 2004
funds, until the affected tribe or individual Indian has been fur-
nished with an accounting of such funds from which the beneficiary
can determine whether there has been a loss: Provided further,
That, notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of perform-
ance for any Indian trust account that has not had activity for
at least 18 months and has a balance of $1.00 or less: Provided
further, That the Secretary shall issue an annual account statement
and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That, not
to exceed $50,000, is available for the Secretary to make payments
to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after Sep-
tember 30, 2002: Provided further, That erroneous payments that
are recovered shall be credited to and remain available in this
account for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands and
expenses 
associated 
with 
redetermining 
and 
redistributing
escheated interests in allotted lands, and for necessary expenses
to carry out the Indian Land Consolidation Act of 1983, as amended,
by direct expenditure or cooperative agreement, $35,000,000, to
remain available until expended, and which may be transferred
to the Bureau of Indian Affairs and Departmental Management
accounts: Provided, That funds provided under this heading may
be expended pursuant to the authorities contained in the provisos
under the heading ‘‘Office of Special Trustee for American Indians,
Indian Land Consolidation’’ of the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106–291).
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and restora-
tion activities by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et
seq.), Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101–
380) (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended
(16 U.S.C. 19jj et seq.), $5,818,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price for
the replacement aircraft: Provided further, That no programs funded
with appropriated funds in the ‘‘Departmental Management’’,
‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ may
Records.
25 USC 4011
note.
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118 STAT. 3062
PUBLIC LAW 108–447—DEC. 8, 2004
be augmented through the Working Capital Fund: Provided further,
That the annual budget justification for Departmental Management
shall describe estimated Working Capital Fund charges to bureaus
and offices, including the methodology on which charges are based:
Provided further, That departures from the Working Capital Fund
estimates contained in the Departmental Management budget jus-
tification shall be presented to the Committees on Appropriations
for approval: Provided further, That the Secretary shall provide
a semi-annual report to the Committees on Appropriations on
reimbursable support agreements between the Office of the Sec-
retary and the National Business Center and the bureaus and
offices of the Department, including the amounts billed pursuant
to such agreements.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section are hereby designated as an emergency requirement
pursuant to section 402 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, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Depart-
ment of the Interior; for the emergency rehabilitation of burned-
over lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assess-
ment activities related to actual oil spills; for the prevention,
suppression, and control of actual or potential grasshopper and
Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 1773(b) of Public
Law 99–198 (99 Stat. 1658); for emergency reclamation projects
under section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Mining Reclama-
tion and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement
to other Federal agencies for destruction of vehicles, aircraft, or
other equipment in connection with their use for wildland fire
operations, such reimbursement to be credited to appropriations
Reports.
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118 STAT. 3063
PUBLIC LAW 108–447—DEC. 8, 2004
currently available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made available
under this authority until the Secretary determines that funds
appropriated for ‘‘wildland fire operations’’ shall be exhausted
within 30 days: Provided further, That all funds used pursuant
to this section are hereby designated as an emergency requirement
pursuant to section 402 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, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible:
Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency
funds were transferred.
SEC. 103. Appropriations made to the Department of the
Interior shall hereafter be available for operation of warehouses,
garages, shops, and similar facilities, wherever consolidation of
activities will contribute to efficiency or economy, and said appro-
priations shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535 and
1536 of title 31, United States Code: Provided, That reimbursements
for costs and supplies, materials, equipment, and for services ren-
dered may be credited to the appropriation current at the time
such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members
only or at a price to members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall hereafter be available for
uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901–5902 and D.C. Code 4–204).
SEC. 106. Annual appropriations made to the Department of
the Interior shall hereafter be available for obligation in connection
with contracts issued for services or rentals for periods not in
excess of 12 months beginning at any time during the fiscal year.
SEC. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under restriction
in the President’s moratorium statement of June 12, 1998, in the
areas of northern, central, and southern California; the North
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico
south of 26 degrees north latitude and east of 86 degrees west
longitude.
SEC. 108. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and natural
gas preleasing, leasing and related activities in the eastern Gulf
of Mexico planning area for any lands located outside Sale 181,
as identified in the final Outer Continental Shelf 5-Year Oil and
Gas Leasing Program, 1997–2002.
43 USC 1471i.
43 USC 1471h.
43 USC 1471c–1.
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118 STAT. 3064
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural gas
preleasing, leasing and related activities in the Mid-Atlantic and
South Atlantic planning areas.
SEC. 110. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-rec-
reational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate to that unit.
SEC. 111. Advance payments made by the Department of the
Interior to Indian tribes, tribal organizations, and tribal consortia
pursuant to the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.) may hereafter be invested
by the Indian tribe, tribal organization, or consortium before such
funds are expended for the purposes of the grant, compact, or
annual funding agreement so long as such funds are—
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in obliga-
tions or securities that are guaranteed or insured by the United
States, or mutual (or other) funds registered with the Securities
and Exchange Commission and which only invest in obligations
of the United States or securities that are guaranteed or insured
by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
SEC. 112. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any unobligated balances from prior appropriations
Acts made under the same headings shall be available for expendi-
ture or transfer for Indian trust management and reform activities,
except that total funding for historical accounting activities shall
not exceed amounts specifically designated in this Act for such
purpose.
SEC. 113. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter
10 of title 25, United States Code, are deemed satisfied by a pro-
ceeding conducted by an Indian probate judge, appointed by the
Secretary without regard to the provisions of title 5, United States
Code, governing the appointments in the competitive service, for
such period of time as the Secretary determines necessary: Provided,
That the basic pay of an Indian probate judge so appointed may
be fixed by the Secretary without regard to the provisions of chapter
51, and subchapter III of chapter 53 of title 5, United States
Code, governing the classification and pay of General Schedule
employees, except that no such Indian probate judge may be paid
at a level which exceeds the maximum rate payable for the highest
grade of the General Schedule, including locality pay.
SEC. 114. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
25 USC 450e–3.
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118 STAT. 3065
PUBLIC LAW 108–447—DEC. 8, 2004
unmet needs, dual enrollment, overlapping service areas or inac-
curate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2005. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
SEC. 115. Funds appropriated for the Bureau of Indian Affairs
for postsecondary schools for fiscal year 2005 shall be allocated
among the schools proportionate to the unmet need of the schools
as determined by the Postsecondary Funding Formula adopted by
the Office of Indian Education Programs.
SEC. 116. (a) The Secretary of the Interior shall hereafter
take such action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas (as
described in section 123 of Public Law 106–291) are used only
in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the use
of the lands as a cemetery; and (2) as a burial ground.
SEC. 117. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided by Public Law 104–134, as amended by Public Law 104–
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all activities
authorized by Public Law 100–696; 16 U.S.C. 460zz.
SEC. 118. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or seed-
lings, may hereafter be credited to the appropriation from which
funds were expended to acquire or grow the seeds or seedlings
and are available without fiscal year limitation.
SEC. 119. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon and
Hart National Wildlife Refuges for the purpose of capturing and
transporting horses and burros. The provisions of subsection (a)
of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be
applicable to such use. Such use shall be in accordance with humane
procedures prescribed by the Secretary.
SEC. 120. (a) LIMITATION ON INCREASES IN CLAIMS MAINTE-
NANCE AND LOCATION FEES.—The fees established in 30 U.S.C.
28f and 28g shall be equal to the fees in effect immediately prior
to the rule of July 1, 2004 (69 Fed. Reg. 40,294) until the Depart-
ment of the Interior has complied with the obligations established
in subsections (b) and (c).
(b) ESTABLISHMENT OF PERMIT TRACKING SYSTEM.—The Depart-
ment of the Interior shall establish a nationwide tracking system
to determine and address the length of time from submission of
a plan of operations to mine on public lands to final approval
of such submission.
(c) REPORT.—Within 1 year of enactment, the Department shall
file a detailed report with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate providing detailed information on the length
43 USC 1474e.
Kansas.
Cemeteries.
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118 STAT. 3066
PUBLIC LAW 108–447—DEC. 8, 2004
of time it takes the Department to approve proposed mining plans
of operations and recommending steps to reduce current delays.
SEC. 121. Funds provided in this Act for Federal land acquisi-
tion by the National Park Service for Shenandoah Valley Battle-
fields National Historic District and Ice Age National Scenic Trail
may be used for a grant to a State, a local government, or any
other land management entity for the acquisition of lands without
regard to any restriction on the use of Federal land acquisition
funds provided through the Land and Water Conservation Fund
Act of 1965 as amended.
SEC. 122. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or requires
the removal of the underground lunchroom at the Carlsbad Caverns
National Park.
SEC. 123. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of such
bridge, when such pedestrian use is consistent with generally
accepted safety standards.
SEC. 124. None of the funds in this or any other Act can
be used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United States
District Court for the District of Columbia in the Cobell v. Norton
litigation at an annual rate that exceeds 200 percent of the highest
Senior Executive Service rate of pay for the Washington-Baltimore
locality pay area.
SEC. 125. The Secretary of the Interior may use discretionary
funds to pay private attorneys fees and costs for employees and
former employees of the Department of the Interior reasonably
incurred in connection with Cobell v. Norton to the extent that
such fees and costs are not paid by the Department of Justice
or by private insurance. In no case shall the Secretary make pay-
ments under this section that would result in payment of hourly
fees in excess of the highest hourly rate approved by the District
Court for the District of Columbia for counsel in Cobell v. Norton.
SEC. 126. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endan-
gered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
Federally operated or Federally financed hatcheries including but
not limited to fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
SEC. 127. Such sums as may be necessary from ‘‘Departmental
Management, Salaries and Expenses’’, may be transferred to
‘‘United States Fish and Wildlife Service, Resource Management’’
for operational needs at the Midway Atoll National Wildlife Refuge
airport.
SEC. 128. (a) IN GENERAL.—Nothing in section 134 of the
Department of the Interior and Related Agencies Appropriations
Act, 2002 (115 Stat. 443) affects the decision of the United States
Court of Appeals for the 10th Circuit in Sac and Fox Nation v.
Norton, 240 F.3d 1250 (2001).
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this section
permits the conduct of gaming under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) on land described in section 123
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118 STAT. 3067
PUBLIC LAW 108–447—DEC. 8, 2004
of the Department of the Interior and Related Agencies Appropria-
tions Act, 2001 (114 Stat. 944), or land that is contiguous to that
land, regardless of whether the land or contiguous land has been
taken into trust by the Secretary of the Interior.
SEC. 129. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study or
implement any plan to drain Lake Powell or to reduce the water
level of the lake below the range of water levels required for
the operation of the Glen Canyon Dam.
SEC. 130. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25
U.S.C. 2717(a)), the total amount of all fees imposed by the National
Indian Gaming Commission for fiscal year 2006 shall not exceed
$12,000,000.
SEC. 131. Notwithstanding any implementation of the Depart-
ment of the Interior’s trust reorganization or reengineering plans,
or the implementation of the ‘‘To Be’’ Model, funds appropriated
for fiscal year 2005 shall be available to the tribes within the
California Tribal Trust Reform Consortium and to the Salt River
Pima-Maricopa Indian Community, the Confederated Salish and
Kootenai Tribes of the Flathead Reservation and the Chippewa
Cree Tribe of the Rocky Boys Reservation through the same method-
ology as funds were distributed in fiscal year 2003. This Demonstra-
tion Project shall continue to operate separate and apart from
the Department of the Interior’s trust reform and reorganization
and the Department shall not impose its trust management infra-
structure upon or alter the existing trust resource management
systems of the above referenced tribes having a self-governance
compact and operating in accordance with the Tribal Self-Govern-
ance Program set forth in 25 U.S.C. 458aa–458hh: Provided, That
the California Trust Reform Consortium and any other participating
tribe agree to carry out their responsibilities under the same written
and implemented fiduciary standards as those being carried by
the Secretary of the Interior: Provided further, That they dem-
onstrate to the satisfaction of the Secretary that they have the
capability to do so: Provided further, That the Department shall
provide funds to the tribes in an amount equal to that required
by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally
related to the provision of trust services to the tribes or their
members.
SEC. 132. Notwithstanding any provision of law, including 42
U.S.C. 4321 et. seq., nonrenewable grazing permits authorized in
the Jarbidge Field Office, Bureau of Land Management within
the past 8 years, shall be renewed. The Animal Unit Months con-
tained in the most recently expired nonrenewable grazing permit,
authorized between March 1, 1997, and February 28, 2003, shall
continue in effect under the renewed permit. Nothing in this section
shall be deemed to extend the nonrenewable permits beyond the
standard 1-year term.
SEC. 133. Pursuant to section 10101f(d)(3) of the Omnibus
Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the following
claims shall be given notice of defect and the opportunity to cure:
AKFF061472, 
AKFF085155–AKFF085156, 
AKFF061632–
AKFF061633, AKFF061636–AKFF061637, and AKFF084718.
SEC. 134. Section 702(b)(2) of Public Law 107–282 (116 Stat.
2013) is amended by striking ‘‘that if the land’’ and all that follows
through ‘‘conveyed by the Foundation.’’ and inserting the following:
Notices.
Mining.
Claims.
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118 STAT. 3068
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‘‘that provides that (except in a case in which the proceeds of
a lease are provided to the Foundation to carry out the purposes
for which the Foundation was established), if the land described
in paragraph (3) is sold, leased, or otherwise conveyed by the
Foundation—’’.
SEC. 135. AMENDMENT OF THE SURFACE MINING CONTROL AND
RECLAMATION ACT OF 1977. (a) Section 402(b) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended
by striking ‘‘September 30, 2004’’ and inserting ‘‘June 30, 2005’’.
(b) Section 125 of Public Law 108–309 is hereby repealed.
SEC. 136. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters,
or interests therein including the use of all or part of any pier,
dock, or landing within the State of New York and the State
of New Jersey, for the purpose of operating and maintaining facili-
ties in the support of transportation and accommodation of visitors
to Ellis, Governors, and Liberty Islands, and of other program
and administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary consideration),
or by exchange; and the Secretary is authorized to negotiate and
enter into leases, subleases, concession contracts or other agree-
ments for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
SEC. 137. ERNEST F. HOLLINGS ACE BASIN NATIONAL WILDLIFE
REFUGE. (a) REDESIGNATION.—The ACE Basin National Wildlife
Refuge in the State of South Carolina shall be known and des-
ignated as the ‘‘Ernest F. Hollings ACE Basin National Wildlife
Refuge’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the refuge
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Ernest F. Hollings ACE Basin National Wildlife Refuge’’.
SEC. 138. FINANCIAL
ASSISTANCE; FLOOD
INSURANCE. The
limitations on Federal expenditures or financial assistance in sec-
tion 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504) and
the limitations on flood insurance coverage in section 1321(a) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4028(a)) shall
not apply to lots 15, 16, 25, and 29 within the Jeremy Cay Subdivi-
sion on Edisto Island, South Carolina, depicted on the reference
map entitled ‘‘John H. Chafee Coastal Barrier Resources System
Edisto Complex M09/M09P’’ dated January 24, 2003.
SEC. 139. (a) There is hereby released, without consideration,
all right, title, and interest of the United States in and to the
surface portion of that portion of the existing building located
at 615 North Burnett Road in Tipton, California, which encroaches
upon land that, subject to a reversionary interest, was conveyed
by the United States pursuant to the Act of July 27, 1866 (14
Stat. 292). The United States retains any subsurface mineral rights
held by the United States as of the date of the enactment of
this Act associated with that property. The Secretary of the Interior
shall execute and file in the appropriate office a deed of release,
amended deed, or other appropriate instrument effectuating the
release of interests made by this subsection.
(b) Section 314 of the National Parks and Recreation Act of
1978 (Public Law 95–625; 92 Stat. 3480) is amended—
(1) in subsection (c)(2), by striking ‘‘Such rights of use
and occupancy shall be for not more than twenty-five years
16 USC 45f.
California.
Federal buildings
and facilities.
South Carolina.
16 USC 668dd
note.
Ante, p. 1142.
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118 STAT. 3069
PUBLIC LAW 108–447—DEC. 8, 2004
or for a term ending at the death of the owner or his or
her spouse, whichever is later.’’; and
(2) in subsection (d)(2)(B), by inserting ‘‘and to their heirs,
successors, and assigns’’ after ‘‘those persons who were lessees
or permittees of record on the date of enactment of this Act’’.
(c)(1) The first section of Public Law 99–338 is amended by
striking ‘‘one renewal’’ and inserting ‘‘3 renewals’’.
(2) Section 3 of Public Law 99–338 is amended to read as
follows:
‘‘SEC. 3. The permit shall contain the following provisions:
‘‘(1) A prohibition on expansion of the Kaweah Project
in Sequoia National Park.
‘‘(2) A requirement that an independent safety assessment
of the Kaweah Project be conducted, and that any deficiencies
identified as a result of the assessment would be corrected.
‘‘(3) A requirement that the Secretary prepare and submit
to Congress an update of the July 1983 report on the impact
of the operations of the Kaweah No. 3 facility on Sequoia
National Park.
‘‘(4) A requirement that the permittee pay the park com-
pensation as determined by the Secretary in consultation with
the permittee.
‘‘(5) Any other reasonable terms and conditions that the
Secretary of the Interior deems necessary and proper for the
management and care of Sequoia National Park and the pur-
poses for which it was established.’’.
(3) Public Law 99–338 is further amended by adding at the
end the following new section:
‘‘SEC. 4. The proceeds from any fees imposed pursuant to a
permit issued under this Act shall be retained by Sequoia National
Park and Kings Canyon National Park and shall be available,
without further appropriation, for resources protection, mainte-
nance, and other park operational needs.’’.
SEC. 140. (a) SHORT TITLE.—This section may be cited as the
‘‘Gaylord A. Nelson Apostle Islands National Lakeshore Wilderness
Act’’.
(b) DEFINITIONS.—In this section:
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Apostle
Islands Lakeshore Wilderness’’, numbered 633/80,058 and dated
September 17, 2004.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) HIGH-WATER
MARK.—The term ‘‘high-water mark’’
means the point on the bank or shore up to which the water,
by its presence and action or flow, leaves a distinct mark
indicated by erosion, destruction of or change in vegetation
or other easily recognizable characteristic.
(c) DESIGNATION OF APOSTLE ISLANDS NATIONAL LAKESHORE
WILDERNESS.—
(1) DESIGNATION.—Certain lands comprising approximately
33,500 acres within the Apostle Islands National Lakeshore,
as generally depicted on the map referred to in subsection
(b), are hereby designated as wilderness in accordance with
section 3(c) of the Wilderness Act (16 U.S.C. 1132), and there-
fore as components of the National Wilderness Preservation
System.
(2) MAP AND DESCRIPTION.—
16 USC 1132
note.
Gaylord A.
Nelson Apostle
Islands National
Lakeshore
Wilderness Act.
100 Stat. 641.
16 USC 45a–1
note.
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PUBLIC LAW 108–447—DEC. 8, 2004
(A) The map referred to in subsection (b) shall be
on file and available for public inspection in the appropriate
offices of the National Park Service.
(B) As soon as practical after enactment of this section,
the Secretary shall submit a description of the boundary
of the wilderness areas to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the United States House of Representatives.
(C) The map and description shall have the same force
and effect as if included in this section, except that the
Secretary may correct clerical and typographical errors in
the description and maps.
(3) BOUNDARY OF THE WILDERNESS.—Any portion of wilder-
ness designated in paragraph (c)(1) that is bordered by Lake
Superior shall use as its boundary the high-water mark.
(4) NAMING.—The wilderness area designated by this sec-
tion shall be known as the Gaylord A. Nelson National Wilder-
ness.
(d) ADMINISTRATION.—
(1) MANAGEMENT.—Subject to valid existing rights, the
lands designated as wilderness by this section shall be adminis-
tered by the Secretary in accordance with the applicable provi-
sions of the Wilderness Act (16 U.S.C. 1131), except that—
(A) any reference in that Act to the effective date
shall be considered to be a reference to the date of enact-
ment of this section; and
(B) where appropriate, any reference to the Secretary
of Agriculture shall be considered to be a reference to
the Secretary of the Interior with respect to lands adminis-
tered by the Secretary.
(2) SAVINGS PROVISIONS.—Nothing in this section shall—
(A) modify, alter, or in any way affect any treaty rights;
(B) alter the management of the waters of Lake Supe-
rior within the boundary of the Apostle Islands National
Lakeshore in existence on the date of enactment of this
section; or
(C) be construed to modify, limit, or in any way affect
the use of motors on the lake waters, including snowmobiles
and the beaching of motorboats adjacent to wilderness
areas below the high-water mark, and the maintenance
and expansion of any docks existing at the time of the
enactment of this section.
SEC. 141. Upon the request of the permittee for the Clark
Mountain Allotment lands adjacent to the Mojave National Pre-
serve, the Secretary shall also issue a special use permit for that
portion of the grazing allotment located within the Preserve. The
special use permit shall be issued with the same terms and condi-
tions as the most recently-issued permit for that allotment and
the Secretary shall consider the permit to be one transferred in
accordance with section 325 of Public Law 108–108.
SEC. 142. SALE OF WILD FREE-ROAMING HORSES AND BURROS.
(a) IN GENERAL.—Section 3 of Public Law 92–195 (16 U.S.C. 1333)
is amended—
(1) in subsection (d)(5), by striking ‘‘this section’’ and all
that follows through the period at the end and inserting ‘‘this
section.’’; and
(2) by adding at the end the following:
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PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(e) SALE OF EXCESS ANIMALS.—
‘‘(1) IN GENERAL.—Any excess animal or the remains of
an excess animal shall be sold if—
‘‘(A) the excess animal is more than 10 years of age;
or
‘‘(B) the excess animal has been offered unsuccessfully
for adoption at least 3 times.
‘‘(2) METHOD OF SALE.—An excess animal that meets either
of the criteria in paragraph (1) shall be made available for
sale without limitation, including through auction to the highest
bidder, at local sale yards or other convenient livestock selling
facilities, until such time as—
‘‘(A) all excess animals offered for sale are sold; or
‘‘(B) the appropriate management level, as determined
by the Secretary, is attained in all areas occupied by wild
free-roaming horses and burros.
‘‘(3) DISPOSITION
OF
FUNDS.—Funds generated from the
sale of excess animals under this subsection shall be—
‘‘(A) credited as an offsetting collection to the Manage-
ment of Lands and Resources appropriation for the Bureau
of Land Management; and
‘‘(B) used for the costs relating to the adoption of
wild free-roaming horses and burros, including the costs
of marketing such adoption.
‘‘(4) EFFECT OF SALE.—Any excess animal sold under this
provision shall no longer be considered to be a wild free-roaming
horse or burro for purposes of this Act.’’.
(b) CRIMINAL PROVISIONS.—Section 8(a)(4) of Public Law 92–
195 (16 U.S.C. 1338(a)(4)) is amended by inserting ‘‘except as pro-
vided in section 3(e),’’ before ‘‘processes’’.
SEC. 143. (a) SHORT TITLE.—This section may be cited as the
‘‘Migratory Bird Treaty Reform Act of 2004’’.
(b) EXCLUSION OF NON-NATIVE SPECIES FROM APPLICATION OF
CERTAIN PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.—Sec-
tion 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended—
(1) in the first sentence by striking ‘‘That unless and except
as permitted’’ and inserting the following: ‘‘(a) IN GENERAL.—
Unless and except as permitted’’; and
(2) by adding at the end the following:
‘‘(b) LIMITATION ON APPLICATION TO INTRODUCED SPECIES.—
‘‘(1) IN GENERAL.—This Act applies only to migratory bird
species that are native to the United States or its territories.
‘‘(2) NATIVE TO THE UNITED STATES DEFINED.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in this
subsection the term ‘native to the United States or its
territories’ means occurring in the United States or its
territories as the result of natural biological or ecological
processes.
‘‘(B) TREATMENT
OF
INTRODUCED
SPECIES.—For pur-
poses of paragraph (1), a migratory bird species that occurs
in the United States or its territories solely as a result
of intentional or unintentional human-assisted introduction
shall not be considered native to the United States or
its territories unless—
‘‘(i) it was native to the United States or its terri-
tories and extant in 1918;
Migratory Bird
Treaty Reform
Act of 2004.
16 USC 710 note.
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118 STAT. 3072
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(ii) it was extirpated after 1918 throughout its
range in the United States and its territories; and
‘‘(iii) after such extirpation, it was reintroduced
in the United States or its territories as a part of
a program carried out by a Federal agency.’’.
(c) PUBLICATION OF LIST.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this section, the Secretary of the Interior shall
publish in the Federal Register a list of all nonnative, human-
introduced bird species to which the Migratory Bird Treaty
Act (16 U.S.C. 703 et seq.) does not apply. As necessary, the
Secretary may update and publish the list of species exempted
from protection of the Migratory Bird Treaty Act.
(2) PUBLIC
COMMENT.—Before publishing the list under
paragraph (1), the Secretary shall provide adequate time for
public comment.
(3) EFFECT OF SECTION.—Nothing in this subsection shall
delay implementation of other provisions of this section or
amendments made by this section that exclude nonnative,
human-introduced bird species from the application of the
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
(d) RELATIONSHIP TO TREATIES.—It is the sense of Congress
that the language of this section is consistent with the intent
and language of the 4 bilateral treaties implemented by this section.
SEC. 144. (a) SHORT TITLE.—This section may be cited as the
‘‘Foundation for Nevada’s Veterans Land Transfer Act of 2004’’.
(b) TRANSFER OF ADMINISTRATIVE JURISDICTION, BUREAU OF
LAND MANAGEMENT LAND, CLARK COUNTY, NEVADA.—
(1) IN GENERAL.—Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary
of the Interior to the Secretary of Veterans Affairs.
(2) DESCRIPTION
OF
LAND.—The parcel of land referred
to in paragraph (1) is the approximately 150 acres of Bureau
of Land Management land in Clark County, Nevada, as gen-
erally depicted on the map entitled ‘‘Veterans Administration
Conveyance’’ and dated September 24, 2004.
(3) USE OF LAND.—The parcel of land described in para-
graph (2) shall be used by the Secretary of Veterans Affairs
for the construction and operation of medical and related facili-
ties, as determined to be appropriate by the Secretary of Vet-
erans Affairs.
SEC. 
145. 
CUMBERLAND
ISLAND
WILDERNESS
BOUNDARY
ADJUSTMENT. (a) IN GENERAL.—Public Law 97–250 (96 Stat. 709)
is amended by striking section 2 and inserting the following:
‘‘SEC. 2. CUMBERLAND ISLAND WILDERNESS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) MAP.—The term ‘map’ means the map entitled ‘Cum-
berland Island Wilderness’, numbered 640/20,038I, and dated
September 2004.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Interior.
‘‘(3) WILDERNESS.—The term ‘Wilderness’ means the Cum-
berland Island Wilderness established by subsection (b).
‘‘(4) POTENTIAL WILDERNESS.—The term ‘Potential Wilder-
ness’ means the 10,500 acres of potential wilderness described
in subsection (c)(2), but does not include the area at the north
Cumberland
Island
Wilderness
Boundary
Adjustment Act
of 2004.
16 USC 1132
note.
Foundation for
Nevada’s
Veterans Land
Transfer Act of
2004.
16 USC 703 note.
Deadline.
Federal Register,
publication.
16 USC 703 note.
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118 STAT. 3073
PUBLIC LAW 108–447—DEC. 8, 2004
end of Cumberland Island known as the ‘High Point Half-
Moon Bluff Historic District’.
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—Approximately 9,886 acres of land in
the Cumberland Island National Seashore depicted on the map
as ‘Wilderness’ is designated as a component of the National
Wilderness Preservation System and shall be known as the
‘Cumberland Island Wilderness’.
‘‘(2) EXCLUSIONS.—The 25-foot wide roadways depicted on
the map as the ‘Main Road’, ‘Plum Orchard’, and the ‘North
Cut Road’ shall not be included in the Wilderness and shall
be maintained by the Secretary for continued vehicle use.
‘‘(c) ADDITIONAL LAND.—In addition to the land designated
under subsection (b), the Secretary shall—
‘‘(1) on acquisition of the approximately 231 acres of land
identified on the map as ‘Areas Become Designated Wilderness
upon Acquisition by the NPS’; and
‘‘(2) on publication in the Federal Register of a notice
that all uses of the approximately 10,500 acres of land depicted
on the map as ‘Potential Wilderness’ that are prohibited under
the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased, adjust
the boundary of the Wilderness to include the land.
‘‘(d) AVAILABILITY OF MAP.—The map shall be on file and avail-
able for public inspection in the appropriate offices of the National
Park Service.
‘‘(e) ADMINISTRATION.—Subject to valid existing rights, the
Wilderness shall be administered by the Secretary, in accordance
with the applicable provisions of the Wilderness Act (16 U.S.C.
1131 et seq.) governing areas designated by that Act as wilderness
areas, except that—
‘‘(1) any reference in such provisions to the effective date
of that Act shall be deemed to be a reference to the effective
date of this Act; and
‘‘(2) where appropriate, any reference in that Act to the
Secretary of Agriculture shall be deemed to be a reference
to the Secretary.
‘‘(f) EFFECT.—Any person with a right to utility service on
Cumberland Island on the date of enactment of this subsection
shall continue to have the right to utility service in the Wilderness
after the date of enactment of this subsection.
‘‘(g) MANAGEMENT PLAN FOR ACCESS TO MAIN ROAD AND NORTH
CUT ROAD.—Not later than 1 year after the date of the enactment
of the Cumberland Island Wilderness Boundary Adjustment Act
of 2004, the Secretary shall complete a management plan to ensure
that not more than 8 and not less than 5 round trips are made
available daily on the Main Road north of the Plum Orchard Spur
and the North Cut Road by the National Park Service or a conces-
sionaire for the purpose of transporting visitors to and from the
historic sites located adjacent to Wilderness.’’.
(b) TOURS OF CUMBERLAND ISLAND NATIONAL SEASHORE.—Sec-
tion 6 of Public Law 92–536 (86 Stat. 1066) is amended—
(1) in subsection (b), by inserting ‘‘, except as provided
in subsection (c),’’ before ‘‘no development of the project’’; and
(2) by adding at the end the following:
‘‘(c) TOURS OF THE SEASHORE.—Notwithstanding subsection (b),
the Secretary may enter into not more than 3 concession contracts,
Contracts.
16 USC 429i–5.
Deadline.
Federal Register,
publication.
Notice.
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118 STAT. 3074
PUBLIC LAW 108–447—DEC. 8, 2004
as the Secretary determines appropriate, for the provision of tours
for visitors to the seashore that are consistent with—
‘‘(1) this Act;
‘‘(2) the Wilderness Act (16 U.S.C. 1131 et seq.); and
‘‘(3) Public Law 97–250 (96 Stat. 709).’’.
(c) SHORT TITLE.—This section may be cited as the ‘‘Cumberland
Island Wilderness Boundary Adjustment Act of 2004’’.
SEC. 146. Notwithstanding any other provision of law, the
National Park Service final winter use rules published in Part
VII of the Federal Register for November 10, 2004, 69 Fed. Reg.
65348 et seq., shall be in force and effect for the winter use season
of 2004–2005 that commences on or about December 15, 2004.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $280,278,000, to remain available until
expended: Provided, That of the funds provided, $56,714,000 is
for the forest inventory and analysis program.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions,
and others, and for forest health management, including treatments
of pests, pathogens, and invasive or noxious plants and for restoring
and rehabilitating forests damaged by pests or invasive plants,
cooperative forestry, and education and land conservation activities
and 
conducting 
an 
international 
program 
as 
authorized,
$296,626,000, to remain available until expended, as authorized
by law of which $57,939,000 is to be derived from the Land and
Water Conservation Fund: Provided, That none of the funds pro-
vided under this heading for the acquisition of lands or interests
in lands shall be available until the Forest Service notifies the
House Committee on Appropriations and the Senate Committee
on Appropriations, in writing, of specific contractual and grant
details including the non-Federal cost share: Provided further, That
notwithstanding any other provision of law, of the funds provided
under this heading, $2,000,000 shall be made available to Kake
Tribal Corporation as an advance direct lump sum payment to
implement the Kake Tribal Corporation Land Transfer Act (Public
Law 106–283), and $1,500,000 shall be made available to Canton,
North Carolina, as an advance direct lump sum payment for wood
products wastewater treatment repairs.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,400,260,000, to remain avail-
able until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land
16 USC 459i
note.
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118 STAT. 3075
PUBLIC LAW 108–447—DEC. 8, 2004
and Water Conservation Fund Act of 1965, as amended, in accord-
ance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,
That unobligated balances under this heading available at the
start of fiscal year 2005 shall be displayed by budget line item
in the fiscal year 2006 budget justification: Provided further, That,
through fiscal year 2009, the Secretary may authorize the expendi-
ture or transfer of such sums as necessary to the Department
of the Interior, Bureau of Land Management, for removal, prepara-
tion, and adoption of excess wild horses and burros from National
Forest System lands, and for the performance of cadastral surveys
to designate the boundaries of such lands: Provided further, That
of the funds provided under this heading for Forest Products,
$5,000,000 shall be allocated to the Alaska Region, in addition
to its normal allocation for the purposes of preparing additional
timber for sale, to establish a 3-year timber supply and such funds
may be transferred to other appropriations accounts as necessary
to maximize accomplishment: Provided further, That within funds
available for the purpose of implementing the Valles Caldera
Preservation Act, notwithstanding the limitations of section
107(e)(2) of the Valles Caldera Preservation Act (Public Law 106–
248), for fiscal year 2005, the Chair of the Board of Trustees
of the Valles Caldera Trust may receive, upon request, compensation
for each day (including travel time) that the Chair is engaged
in the performance of the functions of the Board, except that com-
pensation shall not exceed the daily equivalent of the annual rate
in effect for members of the Senior Executive Service at the ES–
1 level, and shall be in addition to any reimbursement for travel,
subsistence and other necessary expenses incurred by the Chair
in the performance of the Chair’s duties.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, hazardous fuels reduction on or adjacent to such lands,
and for emergency rehabilitation of burned-over National Forest
System lands and water, $1,727,008,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this heading, are available for repayment of advances from
other appropriations accounts previously transferred for such pur-
poses: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided
in response to wildfire and other emergencies or disasters to the
extent such reimbursements by the Forest Service for non-fire emer-
gencies are fully repaid by the responsible emergency management
agency: Provided further, That not less than 50 percent of any
unobligated balances remaining (exclusive of amounts for hazardous
fuels reduction) at the end of fiscal year 2004 shall be transferred,
as repayment for past advances that have not been repaid, to
the fund established pursuant to section 3 of Public Law 71–
319 (16 U.S.C. 576 et seq.): Provided further, That, notwithstanding
any other provision of law, $8,000,000 of funds appropriated under
this appropriation shall be used for Fire Science Research in support
of the Joint Fire Science Program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest
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118 STAT. 3076
PUBLIC LAW 108–447—DEC. 8, 2004
and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided fur-
ther, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities
in the urban-wildland interface, support to Federal emergency
response, and wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $266,238,000 is for
hazardous fuels reduction activities, $13,000,000 is for rehabilita-
tion and restoration, $22,025,000 is for research activities and to
make competitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, as amended (16
U.S.C. 1641 et seq.), $40,745,000 is for State fire assistance,
$8,000,000 is for volunteer fire assistance, $15,000,000 is for forest
health activities on Federal lands and $10,000,000 is for forest
health activities on State and private lands: Provided further, That
amounts in this paragraph may be transferred to the ‘‘State and
Private Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and
Rangeland Research’’ accounts to fund State fire assistance, volun-
teer fire assistance, forest health management, forest and rangeland
research, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and res-
toration: Provided further, That transfers of any amounts in excess
of those authorized in this paragraph, shall require approval of
the House and Senate Committees on Appropriations in compliance
with reprogramming procedures contained in House Report 108–
330: Provided further, That the costs of implementing any coopera-
tive agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That in addition to funds provided for
State Fire Assistance programs, and subject to all authorities avail-
able to the Forest Service under the State and Private Forestry
Appropriations, up to $15,000,000 may be used on adjacent non-
Federal lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest lands
that have the potential to place such communities at risk: Provided
further, That included in funding for hazardous fuel reduction is
$5,000,000 for implementing the Community Forest Restoration
Act, Public Law 106–393, title VI, and any portion of such funds
shall be available for use on non-Federal lands in accordance with
authorities available to the Forest Service under the State and
Private Forestry Appropriation: Provided further, That the Sec-
retary of the Interior and the Secretary of Agriculture may authorize
the transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $12,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and projects:
Provided further, That of the funds provided for hazardous fuels
reduction, not to exceed $5,000,000, may be used to make grants,
using any authorities available to the Forest Service under the
State and Private Forestry appropriation, for the purpose of creating
incentives for increased use of biomass from national forest lands.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not otherwise
provided for, $521,952,000, to remain available until expended for
construction, reconstruction, maintenance and acquisition of
buildings and other facilities, and for construction, reconstruction,
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repair, decommissioning, and maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532–538 and
23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the
funds provided herein for road maintenance shall be available for
the decommissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer needed:
Provided further, That no funds shall be expended to decommission
any system road until notice and an opportunity for public comment
has been provided on each decommissioning project: Provided fur-
ther, That subject to all the authorities available to the Forest
Service under the State and Private Forestry appropriation, up
to $1,000,000 may be used on non-Federal lands adjacent to the
Chugach National Forest for the purpose of expanding recreational
opportunities.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service,
$61,866,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,069,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, as amended, to remain available
until expended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
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118 STAT. 3078
PUBLIC LAW 108–447—DEC. 8, 2004
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $65,000, to
remain available until expended, to be derived from the fund estab-
lished pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96–487),
$5,962,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 124 passenger
motor vehicles of which 21 will be used primarily for law enforce-
ment purposes and of which 124 shall be for replacement; acquisi-
tion of 25 passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet at 195 aircraft for use in Forest Service wildland fire programs
and other Forest Service programs; notwithstanding other provi-
sions of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft; (2) services pursuant to 7 U.S.C.
2225, and not to exceed $100,000 for employment under 5 U.S.C.
3109; (3) purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land, waters,
and interests therein pursuant to 7 U.S.C. 428a; (5) for expenses
pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms
as authorized by 5 U.S.C. 5901–5902; and (7) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close any
regional office for National Forest System administration of the
Forest Service, Department of Agriculture without the consent of
the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire prepared-
ness due to severe burning conditions upon notification of the
House and Senate Committees on Appropriations and if and only
if all previously appropriated emergency contingent funds under
the heading ‘‘Wildland Fire Management’’ have been released by
the President and apportioned and all wildfire suppression funds
under the heading ‘‘Wildland Fire Management’’ are obligated.
The first transfer of funds into the Wildland Fire Management
account shall include unobligated funds, if available, from the Land
Acquisition account and the Forest Legacy program within the
State and Private Forestry account.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment and the Foreign Agricultural Service in connection with forest
Notification.
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and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b.
Not less than $20,000,000 of funds under section 8002 of the
Farm Security and Rural Investment Act of 2002 is hereby canceled.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the re-
programming procedures contained in House Report 108–330.
Not more than $72,467,000 of the funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $2,500 is available
to the Chief of the Forest Service for official reception and represen-
tation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, $3,300,000 may
be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for administrative expenses or projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, That of the Federal funds made available to the Founda-
tion, $300,000 may be used for Forest Service Centennial activities
and, of the total available to the Foundation, no more than $350,000
shall be available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest Service:
Provided further, That the Foundation may transfer Federal funds
to a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds: Pro-
vided further, That authorized investments of Federal funds held
by the Foundation may be made only in interest-bearing obligations
of the United States or in obligations guaranteed as to both principal
and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000
of the funds available to the Forest Service shall be available
for matching funds to the National Fish and Wildlife Foundation,
as authorized by 16 U.S.C. 3701–3709, and may be advanced in
a lump sum to aid conservation partnership projects in support
of the Forest Service mission, without regard to when expenses
are incurred, for projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That the
Foundation shall obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-for-one
16 USC 583j–9
note.
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118 STAT. 3080
PUBLIC LAW 108–447—DEC. 8, 2004
basis funds advanced by the Forest Service: Provided further, That
the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to sections 14(c)(1) and (2), and section
16(a)(2) of Public Law 99–663.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law enforcement
emergencies as necessary to protect natural resources and public
or employee safety: Provided, That such amounts shall not exceed
$1,000,000.
For fiscal years 2005 and 2006, the Secretary of Agriculture
may authorize the sale of excess buildings, facilities, and other
properties owned by the Forest Service and located on the Green
Mountain National Forest, the revenues of which shall be retained
by the Forest Service and available to the Secretary without further
appropriation and until expended for maintenance and rehabilita-
tion activities on the Green Mountain National Forest.
For each fiscal year through 2009, the Secretary of Agriculture
may transfer or reimburse funds available to the Forest Service,
not to exceed $15,000,000, to the Secretary of the Interior or the
Secretary of Commerce to expedite conferencing and consultations
as required under section 7 of the Endangered Species Act, 16
U.S.C. 1536. The amount of the transfer or reimbursement shall
be as mutually agreed by the Secretary of Agriculture and the
Secretary of the Interior or Secretary of Commerce, as applicable,
or their designees. The amount shall in no case exceed the actual
costs of consultation and conferencing.
Beginning on June 30, 2001 and concluding on December 31,
2005, an eligible individual who is employed in any project funded
under title V of the Older American Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service in this Act may be used
for the purpose of expenses associated with primary and secondary
schooling for dependents of agency personnel stationed in Puerto
Rico prior to the date of enactment of this Act, who are subject
to transfer and reassignment to other locations in the United States,
Termination
date.
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118 STAT. 3081
PUBLIC LAW 108–447—DEC. 8, 2004
at a cost not in excess of those authorized for the Department
of Defense for the same area, when it is determined by the Chief
of the Forest Service that public schools available in the locality
are unable to provide adequately for the education of such depend-
ents.
For fiscal years 2005 and 2006, the Secretary of Agriculture
may authorize the sale of excess buildings, facilities, and other
properties owned by the Forest Service and located on the Wasatch-
Cache National Forest, the revenues of which shall be retained
by the Forest Service and available to the Secretary without further
appropriation and until expended for acquisition and construction
of administrative sites on the Wasatch-Cache National Forest.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for obligation
in prior years, $257,000,000 shall not be available until October
1, 2005: Provided, That funds made available in previous appropria-
tions Acts shall be available for any ongoing project regardless
of the separate request for proposal under which the project was
selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy research
and development activities, under the authority of the Department
of Energy Organization Act (Public Law 95–91), including the
acquisition of interest, including defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), $579,911,000,
to remain available until expended, of which $4,000,000 is to con-
tinue a multi-year project for construction, renovation, furnishing,
and demolition or removal of buildings at National Energy Tech-
nology Laboratory facilities in Morgantown, West Virginia and Pitts-
burgh, Pennsylvania: Provided, That of the amounts provided,
$18,000,000 is to continue a multi-year project coordinated with
the private sector for FutureGen, without regard to the terms
and conditions applicable to clean coal technology projects: Provided
further, That the initial planning and research stages of the
FutureGen project shall include a matching requirement from non-
Federal sources of at least 20 percent of the costs: Provided further,
That any demonstration component of such project shall require
a matching requirement from non-Federal sources of at least 50
percent of the costs of the component: Provided further, That of
the amounts provided, $50,000,000 is available, after coordination
with the private sector, for a request for proposals for a Clean
Coal Power Initiative providing for competitively-awarded research,
development, and demonstration projects to reduce the barriers
to continued and expanded coal use: Provided further, That no
project may be selected for which sufficient funding is not available
to provide for the total project: Provided further, That funds shall
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118 STAT. 3082
PUBLIC LAW 108–447—DEC. 8, 2004
be expended in accordance with the provisions governing the use
of funds contained under the heading ‘‘Clean Coal Technology’’
in 42 U.S.C. 5903d: Provided further, That the Department may
include provisions for repayment of Government contributions to
individual projects in an amount up to the Government contribution
to the project on terms and conditions that are acceptable to the
Department including repayments from sale and licensing of tech-
nologies from both domestic and foreign transactions: Provided fur-
ther, That such repayments shall be retained by the Department
for future coal-related research, development and demonstration
projects: Provided further, That any technology selected under this
program shall be considered a Clean Coal Technology, and any
project selected under this program shall be considered a Clean
Coal Technology Project, for the purposes of 42 U.S.C. 7651n, and
chapters 51, 52, and 60 of title 40 of the Code of Federal Regula-
tions: Provided further, That funds shall be expended in accordance
with the provisions governing the use of funds contained under
the heading ‘‘Clean Coal Technology’’ in prior appropriations: Pro-
vided further, That no part of the sum herein made available
shall be used for the field testing of nuclear explosives in the
recovery of oil and gas: Provided further, That up to 4 percent
of program direction funds available to the National Energy Tech-
nology Laboratory may be used to support Department of Energy
activities not included in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $18,000,000, to remain available until
expended: Provided, That, notwithstanding any other provision of
law, unobligated funds remaining from prior years shall be available
for all naval petroleum and oil shale reserve activities.
ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment payments under
the Settlement Agreement entered into by the United States and
the State of California on October 11, 1996, as authorized by section
3415 of Public Law 104–106, $36,000,000, to become available on
October 1, 2005 for payment to the State of California for the
State Teachers’ Retirement Fund from the Elk Hills School Lands
Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy conservation
activities, $649,092,000, to remain available until expended: Pro-
vided, That $44,798,000 is for State energy program grants pursu-
ant to 42 U.S.C. 6323, notwithstanding section 3003(d)(2) of Public
Law 99–509.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities
pursuant to the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6201 et seq.), $172,100,000, to remain available
until expended.
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118 STAT. 3083
PUBLIC LAW 108–447—DEC. 8, 2004
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operations, and management activities pursuant
to the Energy Policy and Conservation Act of 2000, $5,000,000,
to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of the
Energy Information Administration, $85,000,000, to remain avail-
able until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall
be available for hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase, repair, and cleaning of uniforms;
and reimbursement to the General Services Administration for secu-
rity guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of Energy
under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equip-
ment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, private or foreign: Provided, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under this Act may be retained
by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further, That the remainder of reve-
nues after the making of such payments shall be covered, into
the Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the Sec-
retary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than 3 calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project,
including the facts and circumstances relied upon in support of
the proposed project.
No funds provided in this Act may be expended by the Depart-
ment of Energy to prepare, issue, or process procurement documents
for programs or projects for which appropriations have not been
made.
In addition to other authorities set forth in this Act, the Sec-
retary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and pros-
ecute projects using such fees and contributions in cooperation
with other Federal, State or private agencies or concerns.
Reports.
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118 STAT. 3084
PUBLIC LAW 108–447—DEC. 8, 2004
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles II and III of the Public Health
Service 
Act 
with 
respect 
to 
the 
Indian 
Health 
Service,
$2,633,072,000, together with payments received during the fiscal
year pursuant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made available to
tribes and tribal organizations through contracts, grant agreements,
or any other agreements or compacts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the grant
or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That up to $18,000,000 shall remain available until
expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $487,085,000 for contract medical care shall
remain available for obligation until September 30, 2006: Provided
further, That of the funds provided, up to $27,000,000 to remain
available until expended, shall be used to carry out the loan repay-
ment program under section 108 of the Indian Health Care Improve-
ment Act: Provided further, That funds provided in this Act may
be used for one-year contracts and grants which are to be performed
in two fiscal years, so long as the total obligation is recorded
in the year for which the funds are appropriated: Provided further,
That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
Improvement Act shall remain available until expended for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain avail-
able until expended: Provided further, That amounts received by
tribes and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until
expended: Provided further, That, notwithstanding any other provi-
sion of law, of the amounts provided herein, not to exceed
$267,398,000 shall be for payments to tribes and tribal organiza-
tions for contract or grant support costs associated with contracts,
grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as amended,
prior to or during fiscal year 2005, of which not to exceed $2,500,000
may be used for contract support costs associated with new or
expanded self-determination contracts, grants, self-governance com-
pacts or annual funding agreements: Provided further, That funds
available for the Indian Health Care Improvement Fund may be
used, as needed, to carry out activities typically funded under
the Indian Health Facilities account: Provided further, That of
the amounts provided to the Indian Health Service, $15,000,000
Reports.
Records.
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118 STAT. 3085
PUBLIC LAW 108–447—DEC. 8, 2004
is provided for alcohol control, enforcement, prevention, treatment,
sobriety and wellness, and education in Alaska: Provided further,
That none of the funds may be used for tribal courts or tribal
ordinance programs or any program that is not directly related
to alcohol control, enforcement, prevention, treatment, or sobriety:
Provided further, That no more than 15 percent may be used
by any entity receiving funding for administrative overhead
including indirect costs.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health
Service, $394,048,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge health
or related facilities: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to the
Indian Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service may
be used for sanitation facilities construction for new homes funded
with grants by the housing programs of the United States Depart-
ment of Housing and Urban Development: Provided further, That
not to exceed $1,000,000 from this account and the ‘‘Indian Health
Services’’ account shall be used by the Indian Health Service to
obtain ambulances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
Provided further, That notwithstanding any other provision of law,
funds appropriated for the planning, design, and construction of
the replacement health care facility in Barrow, Alaska, may be
used to purchase land up to approximately 8 hectares for a site
upon which to construct the new health care facility: Provided
further, That not to exceed $500,000 shall be placed in a Demolition
Fund, available until expended, to be used by the Indian Health
Service for demolition of Federal buildings: Provided further, That
up to $2,700,000 from unobligated balances may be used for the
purchase of land at two sites for the construction of the northern
and southern California Youth Regional Treatment Centers subject
to advance approval from the House and Senate Committees on
Appropriations.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
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118 STAT. 3086
PUBLIC LAW 108–447—DEC. 8, 2004
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901–5902; and
for expenses of attendance at meetings which are concerned with
the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service facilities,
subject to charges, and the proceeds along with funds recovered
under the Federal Medical Care Recovery Act (42 U.S.C. 2651–
2653) shall be credited to the account of the facility providing
the service and shall be available without fiscal year limitation.
Notwithstanding any other law or regulation, funds transferred
from the Department of Housing and Urban Development to the
Indian Health Service shall be administered under Public Law
86–121 (the Indian Sanitation Facilities Act) and Public Law 93–
638, as amended.
Funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction pur-
poses, shall not be subject to limitations directed at curtailing
Federal travel and transportation.
None of the funds made available to the Indian Health Service
in this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved by
the House and Senate Committees on Appropriations through the
reprogramming process. Personnel ceilings may not be imposed
on the Indian Health Service nor may any action be taken to
reduce the full time equivalent level of the Indian Health Service
below the level in fiscal year 2002 adjusted upward for the staffing
of new and expanded facilities, funding provided for staffing at
the Lawton, Oklahoma hospital in fiscal years 2003 and 2004,
critical positions not filled in fiscal year 2002, and staffing necessary
to carry out the intent of Congress with regard to program increases.
Notwithstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title V
of the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), may be deobligated and reobligated to
a self-determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation.
None of the funds made available to the Indian Health Service
in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department
of Health and Human Services, relating to the eligibility for the
health care services of the Indian Health Service until the Indian
Health Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and such
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118 STAT. 3087
PUBLIC LAW 108–447—DEC. 8, 2004
request has been included in an appropriations Act and enacted
into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health Service
is authorized to provide goods and services to those entities, on
a reimbursable basis, including payment in advance with subse-
quent adjustment. The reimbursements received therefrom, along
with the funds received from those entities pursuant to the Indian
Self-Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding. Such amounts
shall remain available until expended.
Reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.
The Indian Health Service may purchase 8.5 acres of land
for expansion of parking facilities at the W.W. Hastings hospital
in Tahlequah, Oklahoma using third party collections subject to
advance approval from the House and Senate Committees on Appro-
priations.
Notwithstanding any other provision of law, the Tulsa and
Oklahoma City Clinic demonstration projects shall be permanent
programs under the direct care program of the Indian Health
Service; shall be treated as service units and operating units in
the allocation of resources and coordination of care; shall continue
to meet the requirements applicable to an Urban Indian organiza-
tion under this title; and shall not be subject to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
The appropriation structure for the Indian Health Service may
not be altered without advance approval of the House and Senate
Committees on Appropriations.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $5,000,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d–10.
Oklahoma.
25 USC 1660b
note.
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118 STAT. 3088
PUBLIC LAW 108–447—DEC. 8, 2004
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND
ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99–498, as amended (20 U.S.C. 56 part A), $6,000,000,
of which up to $1,000,000 may remain available until expended
to assist with the Institute’s efforts to develop a Continuing Edu-
cation Lifelong Learning Center.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and perform-
ances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to five replacement passenger
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees, $495,925,000, of which not to exceed $10,108,000 for
the instrumentation program, collections acquisition, exhibition re-
installation, the National Museum of African American History
and Culture, and the repatriation of skeletal remains program
shall remain available until expended; and of which $1,620,000
for fellowships and scholarly awards shall remain available until
September 30, 2006; and including such funds as may be necessary
to support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services
or participating in official Smithsonian presentations: Provided fur-
ther, That the Smithsonian Institution may expend Federal appro-
priations designated in this Act for lease or rent payments for
long term and swing space, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the
general trust funds of the Institution to the extent that federally
supported activities are housed in the 900 H Street, N.W. building
in the District of Columbia: Provided further, That this use of
Federal appropriations shall not be construed as debt service, a
Federal guarantee of, a transfer of risk to, or an obligation of,
the Federal Government: Provided further, That no appropriated
funds may be used to service debt which is incurred to finance
the costs of acquiring the 900 H Street building or of planning,
designing, and constructing improvements to such building.
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
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118 STAT. 3089
PUBLIC LAW 108–447—DEC. 8, 2004
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $127,900,000, to remain available until
expended, of which not to exceed $10,000 is for services as author-
ized by 5 U.S.C. 3109: Provided, That contracts awarded for environ-
mental systems, protection systems, and repair or restoration of
facilities of the Smithsonian Institution may be negotiated with
selected contractors and awarded on the basis of contractor quali-
fications as well as price.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be used
to make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or redirection of
functions and programs without the advance approval of the House
and Senate Committees on Appropriations.
None of the funds in this or any other Act may be used
to initiate the design for any proposed expansion of current space
or new facility without consultation with the House and Senate
Appropriations Committees.
None of the funds in this or any other Act may be used
for the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize water
damage, monitor structure movement, or provide interim structural
support.
None of the funds available to the Smithsonian may be
reprogrammed without the advance written approval of the House
and Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the statement of the man-
agers accompanying this Act.
None of the funds in this or any other Act may be used
to purchase any additional buildings without prior consultation
with the House and Senate Committees on Appropriations.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administra-
tive expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),
including services as authorized by 5 U.S.C. 3109; payment in
advance when authorized by the treasurer of the Gallery for mem-
bership in library, museum, and art associations or societies whose
publications or services are available to members only, or to mem-
bers at a price lower than to the general public; purchase, repair,
and cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $93,000,000, of which not to exceed $3,026,000
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118 STAT. 3090
PUBLIC LAW 108–447—DEC. 8, 2004
for the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, as authorized,
$11,100,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems,
and exterior repair or renovation of buildings of the National Gal-
lery of Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$17,152,000.
CONSTRUCTION
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $16,334,000, to remain available
until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $8,987,000.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$122,972,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the arts
through assistance to organizations and individuals pursuant to
sections 5(c) and 5(g) of the Act, including $21,729,000 for support
of arts education and public outreach activities through the Chal-
lenge America program, for program support, and for administering
the functions of the Act, to remain available until expended: Pro-
vided, That funds previously appropriated to the National Endow-
ment for the Arts ‘‘Matching Grants’’ account and ‘‘Challenge
America’’ account may be transferred to and merged with this
account.
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118 STAT. 3091
PUBLIC LAW 108–447—DEC. 8, 2004
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$123,877,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant
to section 7(c) of the Act, and for administering the functions
of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as
amended, $16,122,000, to remain available until expended, of which
$10,436,000 shall be available to the National Endowment for the
Humanities for the purposes of section 7(h): Provided, That this
appropriation shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appro-
priated.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants up to $10,000, if in the aggregate this amount does not
exceed 5 percent of the sums appropriated for grant-making pur-
poses per year: Provided further, That such small grant actions
are taken pursuant to the terms of an expressed and direct delega-
tion of authority from the National Council on the Arts to the
Chairperson.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $1,793,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended with-
out further appropriation.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956(a)), as amended, $7,000,000.
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118 STAT. 3092
PUBLIC LAW 108–447—DEC. 8, 2004
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $4,600,000: Pro-
vided, That none of these funds shall be available for compensation
of level V of the Executive Schedule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71–71i), including services as
authorized by 5 U.S.C. 3109, $8,000,000: Provided, That one-quarter
of 1 percent of the funds provided under this heading may be
used for official reception and representational expenses to host
international visitors engaged in the planning and physical develop-
ment of world capitals.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $41,433,000, of
which $1,900,000 for the museum’s repair and rehabilitation pro-
gram and $1,264,000 for the museum’s exhibitions program shall
remain available until expended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $20,000,000
shall be available to the Presidio Trust, to remain available until
expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 302. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which congressional
action is not complete.
SEC. 303. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 304. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal
Contracts.
Public
information.
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118 STAT. 3093
PUBLIC LAW 108–447—DEC. 8, 2004
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
SEC. 305. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act unless
notice of such assessments and the basis therefor are presented
to the Committees on Appropriations and are approved by such
committees.
SEC. 306. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 2004.
SEC. 307. (a) LIMITATION OF FUNDS.—None of the funds appro-
priated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the Sec-
retary on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised Statutes
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329,
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36,
and 37) for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) REPORT.—On September 30, 2005, the Secretary of the
Interior shall file with the House and Senate Committees on Appro-
priations and the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the Department
of the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104–208).
(d) MINERAL
EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Bureau of Land Management to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the third-
party contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention
of third-party contractors.
SEC. 308. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau
of Indian Affairs and the Indian Health Service by Public Laws
103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113,
106–291, 107–63, 108–7, and 108–108 for payments to tribes and
tribal organizations for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or
annual funding agreements with the Bureau of Indian Affairs or
the Indian Health Service as funded by such Acts, are the total
amounts available for fiscal years 1994 through 2004 for such
Contracts.
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118 STAT. 3094
PUBLIC LAW 108–447—DEC. 8, 2004
purposes, except that, for the Bureau of Indian Affairs, tribes and
tribal organizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, self-governance
compacts or annual funding agreements.
SEC. 309. Of the funds provided to the National Endowment
for the Arts:
(1) The Chairperson shall only award a grant to an indi-
vidual if such grant is awarded to such individual for a lit-
erature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs and/or projects.
SEC. 310. The National Endowment for the Arts and the
National Endowment for the Humanities are authorized to solicit,
accept, receive, and invest in the name of the United States, gifts,
bequests, or devises of money and other property or services and
to use such in furtherance of the functions of the National Endow-
ment for the Arts and the National Endowment for the Humanities.
Any proceeds from such gifts, bequests, or devises, after acceptance
by the National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the rep-
resentative of the donor to the Chairman. The Chairman shall
enter the proceeds in a special interest-bearing account to the
credit of the appropriate endowment for the purposes specified
in each case.
SEC. 311. (a) In providing services or awarding financial assist-
ance under the National Foundation on the Arts and the Human-
ities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a population
of individuals, including urban minorities, who have historically
been outside the purview of arts and humanities programs
due to factors such as a high incidence of income below the
poverty line or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to
a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
Procedures.
Grants.
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118 STAT. 3095
PUBLIC LAW 108–447—DEC. 8, 2004
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
SEC. 312. No part of any appropriation contained in this Act
shall be expended or obligated to complete and issue the 5-year
program under the Forest and Rangeland Renewable Resources
Planning Act.
SEC. 313. None of the funds in this Act may be used to support
Government-wide administrative functions unless such functions
are justified in the budget process and funding is approved by
the House and Senate Committees on Appropriations.
SEC. 314. Notwithstanding any other provision of law, for fiscal
year 2005 the Secretaries of Agriculture and the Interior are author-
ized to limit competition for watershed restoration project contracts
as part of the ‘‘Jobs in the Woods’’ Program established in Region
10 of the Forest Service to individuals and entities in historically
timber-dependent areas in the States of Washington, Oregon,
northern California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The Secre-
taries shall consider the benefits to the local economy in evaluating
bids and designing procurements which create economic opportuni-
ties for local contractors.
SEC. 315. Amounts deposited during fiscal year 2004 in the
roads and trails fund provided for in the 14th paragraph under
the heading ‘‘FOREST SERVICE’’ of the Act of March 4, 1913
(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
Agriculture, without regard to the State in which the amounts
were derived, to repair or reconstruct roads, bridges, and trails
on National Forest System lands or to carry out and administer
projects to improve forest health conditions, which may include
the repair or reconstruction of roads, bridges, and trails on National
Forest System lands in the wildland-community interface where
there is an abnormally high risk of fire. The projects shall empha-
size reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity,
and biological integrity. The projects may be completed in a subse-
quent fiscal year. Funds shall not be expended under this section
to replace funds which would otherwise appropriately be expended
from the timber salvage sale fund. Nothing in this section shall
be construed to exempt any project from any environmental law.
SEC. 316. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
Contracts.
State listing.
Reports.
Grants.
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machines include an option that enables callers to reach promptly
an individual on-duty with the agency being contacted.
SEC. 317. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar. Program accomplishments shall be based on volume sold.
Should Region 10 sell, in the current fiscal year, the annual average
portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan in sales which are not
deficit when appraised using a residual value approach that assigns
domestic Alaska values for western redcedar, all of the western
redcedar timber from those sales which is surplus to the needs
of domestic processors in Alaska, shall be made available to
domestic processors in the contiguous 48 United States at prevailing
domestic prices. Should Region 10 sell, in the current fiscal year,
less than the annual average portion of the decadal allowable
sale quantity called for in the Tongass Land Management Plan
in sales which are not deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar, the volume of western redcedar timber available to
domestic processors at prevailing domestic prices in the contiguous
48 United States shall be that volume: (1) which is surplus to
the needs of domestic processors in Alaska; and (2) is that percent
of the surplus western redcedar volume determined by calculating
the ratio of the total timber volume which has been sold on the
Tongass to the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land Management
Plan. The percentage shall be calculated by Region 10 on a rolling
basis as each sale is sold (for purposes of this amendment, a
‘‘rolling basis’’ shall mean that the determination of how much
western redcedar is eligible for sale to various markets shall be
made at the time each sale is awarded). Western redcedar shall
be deemed ‘‘surplus to the needs of domestic processors in Alaska’’
when the timber sale holder has presented to the Forest Service
documentation of the inability to sell western redcedar logs from
a given sale to domestic Alaska processors at a price equal to
or greater than the log selling value stated in the contract. All
additional western redcedar volume not sold to Alaska or contiguous
48 United States domestic processors may be exported to foreign
markets at the election of the timber sale holder. All Alaska yellow
cedar may be sold at prevailing export prices at the election of
the timber sale holder.
SEC. 318. Section 3 of the Act of June 9, 1930 (commonly
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is
amended—
(1) by striking ‘‘The Secretary of Agriculture may, when
in his’’ and inserting ‘‘(a) The Secretary of Agriculture may,
when in his or her’’;
‘‘(b) Amounts deposited under subsection (a)’’;
(2) by striking ‘‘may direct:’’ and all that follows through
‘‘That the Secretary of Agriculture’’ and inserting ‘‘may direct.
The Secretary of Agriculture’’; and
(3) by adding at the end the following new subsection:
‘‘(c) Any portion of the balance at the end of a fiscal year
in the special fund established pursuant to this section that the
Secretary of Agriculture determines to be in excess of the cost
of doing work described in subsection (a) (as well as any portion
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of the balance in the special fund that the Secretary determined,
before October 1, 2004, to be excess of the cost of doing work
described in subsection (a), but which has not been transferred
by that date) shall be transferred to miscellaneous receipts, National
Forest Fund, as a National Forest receipt, but only if the Secretary
also determines that—
‘‘(1) the excess amounts will not be needed for emergency
wildfire suppression during the fiscal year in which the transfer
would be made; and
‘‘(2) the amount to be transferred to miscellaneous receipts,
National Forest Fund, exceeds the outstanding balance of
unreimbursed funds transferred from the special fund in prior
fiscal years for wildfire suppression.’’.
SEC. 319. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by section
315 of the Department of the Interior and Related Agencies Appro-
priations Act for Fiscal Year 1996, as amended, shall not result
in—
(1) displacement of the holder of an authorization to provide
commercial recreation services on Federal lands. Prior to initi-
ating any project, the Secretary shall consult with potentially
affected holders to determine what impacts the project may
have on the holders. Any modifications to the authorization
shall be made within the terms and conditions of the authoriza-
tion and authorities of the impacted agency; and
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided
in the past by a private sector provider, except when—
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its relation-
ship with the agency; or
(C) the agency revokes the permit for non-compliance
with the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee Demonstra-
tion Program to provide for operations until a subsequent operator
can be found through the offering of a new prospectus.
SEC. 320. Prior to October 1, 2005, the Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A)
of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the National
Forest System. Nothing in this section exempts the Secretary from
any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other
law: Provided, That if the Secretary is not acting expeditiously
and in good faith, within the funding available, to revise a plan
for a unit of the National Forest System, this section shall be
void with respect to such plan and a court of proper jurisdiction
may order completion of the plan on an accelerated basis.
SEC. 321. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
16 USC 1604
note.
16 USC 460l–6a
note.
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118 STAT. 3098
PUBLIC LAW 108–447—DEC. 8, 2004
allowed under the Presidential proclamation establishing such
monument.
SEC. 322. EXTENSION OF FOREST SERVICE CONVEYANCES PILOT
PROGRAM.—Section 329 of the Department of the Interior and
Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note;
Public Law 107–63) is amended—
(1) in subsection (b), by striking ‘‘30’’ and inserting ‘‘40’’;
(2) in subsection (c) by striking ‘‘8’’ and inserting ‘‘13’’;
and
(3) in subsection (d), by striking ‘‘2007’’ and inserting
‘‘2008’’.
SEC. 323. Section 3(c) of the Harriet Tubman Special Resource
Study Act (Public Law 106–516; 114 Stat. 2405) is amended by
striking ‘‘section 8 of section 8’’ and inserting ‘‘section 8.’’.
SEC. 324. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.
1856m) the Secretary of Agriculture and the Secretary of the
Interior are authorized to enter into reciprocal agreements in which
the individuals furnished under said agreements to provide wildfire
services are considered, for purposes of tort liability, employees
of the country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary of Agri-
culture or the Secretary of the Interior shall not enter into any
agreement under this provision unless the foreign country (either
directly or through its fire organization) agrees to assume any
and all liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country: Provided further, That
when an agreement is reached for furnishing fire fighting services,
the only remedies for acts or omissions committed while fighting
fires shall be those provided under the laws of the host country,
and those remedies shall be the exclusive remedies for any claim
arising out of fighting fires in a foreign country: Provided further,
That neither the sending country nor any legal organization associ-
ated with the firefighter shall be subject to any legal action whatso-
ever pertaining to or arising out of the firefighter’s role in fire
suppression.
SEC. 325. Notwithstanding any other provision of law or regula-
tion, to promote the more efficient use of the health care funding
allocation for fiscal year 2005, the Eagle Butte Service Unit of
the Indian Health Service, at the request of the Cheyenne River
Sioux Tribe, may pay base salary rates to health professionals
up to the highest grade and step available to a physician, phar-
macist, or other health professional and may pay a recruitment
or retention bonus of up to 25 percent above the base pay rate.
SEC. 326. 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-
priations Act.
SEC. 327. None of the funds in this Act may be used to prepare
or issue a permit or lease for oil or gas drilling in the Finger
Lakes National Forest, New York, during fiscal year 2005.
SEC. 328. In awarding a Federal contract with funds made
available by this Act, the Secretary of Agriculture and the Secretary
of the Interior (the ‘‘Secretaries’’) may, in evaluating bids and
proposals, give consideration to local contractors who are from,
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118 STAT. 3099
PUBLIC LAW 108–447—DEC. 8, 2004
and who provide employment and training for, dislocated and dis-
placed workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have been
affected by reduced timber harvesting on Federal lands and other
forest-dependent rural communities isolated from significant alter-
native employment opportunities: Provided, That notwithstanding
Federal Government procurement and contracting laws the Secre-
taries may award contracts, grants or cooperative agreements to
local non-profit entities, Youth Conservation Corps or related part-
nerships with State, local or non-profit youth groups, or small
or disadvantaged business: Provided further, That the contract,
grant, or cooperative agreement is for forest hazardous fuels reduc-
tion, watershed or water quality monitoring or restoration, wildlife
or fish population monitoring, or habitat restoration or manage-
ment: Provided further, That the terms ‘‘rural community’’ and
‘‘economically disadvantaged’’ shall have the same meanings as
in section 2374 of Public Law 101–624: Provided further, That
the Secretaries shall develop guidance to implement this section:
Provided further, That nothing in this section shall be construed
as relieving the Secretaries of any duty under applicable procure-
ment laws, except as provided in this section.
SEC. 329. No funds appropriated in this Act for the acquisition
of lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations:
Provided, That this provision shall not apply to funds appropriated
to implement the Everglades National Park Protection and Expan-
sion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
SEC. 330. Section 338 of Public Law 108–108 is amended by
striking ‘‘2003’’ and inserting ‘‘2004’’.
SEC. 331. Section 315 of the Department of the Interior and
Related Agencies Appropriations Act, 1996 (as contained in section
101(c) of Public Law 104–134; 110 Stat. 1321–200; 16 U.S.C. 460l–
6a note), is amended—
(1) in subsection (b), by inserting ‘‘subject to subsection
(g) but’’ before ‘‘notwithstanding’’ in the matter preceding para-
graph (1); and
(2) by adding at the end the following new subsection:
‘‘(g) The Secretary of Agriculture may not charge or collect
fees under this section for the following:
‘‘(1) Admission to a unit of the National Forest System
(as defined in section 11(a) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
‘‘(2) The use either singly or in any combination, of the
following—
‘‘(A) undesignated parking along roads;
‘‘(B) overlook sites or scenic pullouts;
‘‘(C) information offices and centers that only provide
general area information and limited services or interpre-
tive exhibits; and
‘‘(D) dispersed areas for which expenditures in facilities
or services are limited.’’.
SEC. 332. (a) LIMITATION ON COMPETITIVE SOURCING STUDIES.—
(1) Of the funds made available by this or any other Act
to the Department of Energy or the Department of the Interior
117 Stat. 1314.
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118 STAT. 3100
PUBLIC LAW 108–447—DEC. 8, 2004
for fiscal year 2005, not more than the maximum amount
specified in paragraph (2) may be used by the Secretary of
Energy or the Secretary of the Interior to initiate or continue
competitive sourcing studies in fiscal year 2005 for programs,
projects, and activities for which funds are appropriated by
this Act until such time as the Secretary concerned submits
a reprogramming proposal to the Committees on Appropriations
of the Senate and the House of Representatives, and such
proposal has been processed consistent with the reprogramming
guidelines in House Report 108–330.
(2) For the purposes of paragraph (1) the maximum
amount—
(A) with respect to the Department of Energy is
$500,000; and
(B) with respect to the Department of the Interior
is $3,250,000.
(3) Of the funds appropriated by this Act, not more than
$2,000,000 may be used in fiscal year 2005 for competitive
sourcing studies and related activities by the Forest Service.
(b) COMPETITIVE SOURCING STUDY DEFINED.—In this section,
the term ‘‘competitive sourcing study’’ means a study on subjecting
work performed by Federal Government employees or private con-
tractors to public-private competition or on converting the Federal
Government employees or the work performed by such employees
to private contractor performance under the Office of Management
and Budget Circular A–76 or any other administrative regulation,
directive, or policy.
(c) Section 340(b) of Public Law 108–108 is hereby repealed.
(d) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE
STUDIES
CONDUCTED
PRIOR
TO
FISCAL
YEAR
2005.—Notwith-
standing requirements of Office of Management and Budget Cir-
cular A–76, Attachment B, the Forest Service is hereby exempted
from implementing the Letter of Obligation and post-competition
accountability guidelines where a competitive sourcing study
involved 65 or fewer full-time equivalents, the performance decision
was made in favor of the agency provider; no net savings was
achieved by conducting the study, and the study was completed
prior to the date of this Act.
(e) In preparing any reports to the Committees on Appropria-
tions on competitive sourcing activities, agencies funded in this
Act shall include the incremental cost directly attrib utable to con-
ducting the competitive sourcing competitions, including costs
attributable to paying outside consultants and contractors and,
in accordance with full cost accounting principles, all costs attrib-
utable to developing, implementing, supporting, managing, moni-
toring, and reporting on competitive sourcing, including personnel,
consultant, travel, and training costs associated with program
management.
SEC. 333. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects and activities to support
governmentwide, departmental, agency or bureau administrative
functions or headquarters, regional or central office operations shall
be presented in annual budget justifications. Changes to such esti-
mates shall be presented to the Committees on Appropriations
for approval.
31 USC 501 note.
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118 STAT. 3101
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 334. None of the funds in this Act or prior Acts making
appropriations for the Department of the Interior and Related Agen-
cies may be provided to the managing partners or their agents
for the SAFECOM or Disaster Management projects.
SEC. 335. CONVEYANCE OF A SMALL PARCEL OF PUBLIC DOMAIN
LAND IN THE SAN BERNARDINO NATIONAL FOREST IN THE STATE
OF CALIFORNIA. (a) FINDINGS.—The Congress finds that—
(1) a select area of the San Bernardino National Forest
in California is heavily developed with recreation residences
and is immediately adjacent to comparably developed private
property;
(2) it is in the public interest to convey the above referenced
area to the owners of the recreation residences; and
(3) the Secretary of Agriculture should use the proceeds
of such conveyance for critical San Bernardino National Forest
infrastructure improvements or to acquire additional lands
within the boundaries of the San Bernardino National Forest.
(b) CONVEYANCE REQUIRED.—Subject to valid existing rights
and such terms, conditions, and restrictions as the Secretary deems
necessary or desirable in the public interest, the Secretary of Agri-
culture shall convey to the Mill Creek Homeowners Association
(hereinafter Association) all right, title, and interest of the United
States in and to the Mill Creek parcel of real estate described
in subsection (c)(1). In the event the Secretary and the Association
for any reason do not complete the sale within 2 years from the
date of enactment of this Act, this authority shall expire.
(c) LEGAL DESCRIPTION AND CORRECTION AUTHORITY.—
(1) DESCRIPTION.—The Mill Creek parcel, approximately
35 acres, as shown on a map ‘‘The Mill Creek Conveyance
Parcel—San Bernardino National Forest, dated June 1, 2004’’
generally located in the northeast quarter of Section 8, T.1S.,
R.1W., San Bernardino Meridian, of the United States Public
Lands Survey System, California. The map shall be on file
and available for inspection in the office of the Chief, Forest
Service, Washington, DC and in the office of the Forest Super-
visor, San Bernardino National Forest until such time as the
lands are conveyed.
(2) CORRECTIONS.—The Secretary is authorized to make
minor corrections to this map and may modify the description
to correct errors or to reconfigure the property in order to
facilitate conveyance. In the event of a conflict between the
map description and the USPLSS description of the land in
paragraph (1), the map will be considered the definitive descrip-
tion of the land.
(d) CONSIDERATION.—Consideration for the conveyance under
subsection (b) shall be equal to the appraised fair market value
of the parcel of real property to be conveyed. Such appraisal shall
be prepared in conformity with the Uniform Appraisal Standards
for Federal Land Acquisition.
(e) ACCESS REQUIREMENTS.—Notwithstanding section 1323(a)
of the Alaska National Interest Lands Conservation Act (16 U.S.C.
3210(a)) or any other law, the Secretary is not required to provide
access over National Forest System lands to the parcel of real
estate to be conveyed under subsection (b).
(f) ADMINISTRATIVE COSTS.—All costs incurred by the Secretary
of Agriculture and any costs associated with the creation of a
subdivided parcel, conducting and recordation of a survey, zoning,
California.
Expiration date.
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118 STAT. 3102
PUBLIC LAW 108–447—DEC. 8, 2004
planning approval, and similar expenses with respect to the convey-
ance under subsection (b), shall be borne by the Association.
(g) ASSUMPTION OF LIABILITY.—By acceptance of the conveyance
of the parcel of real property referred to in subsection (b), the
Association and its successors and assigns will indemnify and hold
harmless the United States for any and all liability to any party
that is associated with the parcel.
(h) TREATMENT OF RECEIPTS.—All funds received pursuant to
the conveyance of the parcel of real property referred to in sub-
section (b) shall be deposited in the fund established under Public
Law 90–171 (16 U.S.C. 484a; commonly known as the Sisk Act),
and the funds shall remain available to the Secretary, until
expended, for critical San Bernardino National Forest infrastructure
improvements or the acquisition of lands, waters, and interests
in land for inclusion in the San Bernardino National Forest.
SEC. 336. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (Public Law 106–291;
114 Stat. 996), is amended—
(1) in subsection (a), by striking ‘‘Until September 30, 2004,
the’’ and inserting ‘‘The’’; and
(2) by adding at the end the following new subsections:
‘‘(d) INCLUSION OF COLORADO BLM LANDS.—The authority pro-
vided by this section shall also be available to the Secretary of
the Interior with respect to public lands in the State of Colorado
administered by the Secretary through the Bureau of Land Manage-
ment.
‘‘(e) EXPIRATION OF AUTHORITY.—The authority of the Secretary
of Agriculture and the Secretary of the Interior to enter into coopera-
tive agreements and contracts under this section expires September
30, 2009, and the term of any cooperative agreement or contract
entered into under this section shall not extend beyond that date.’’.
SEC. 337. FEDERAL AND STATE COOPERATIVE FOREST, RANGE-
LAND, AND WATERSHED RESTORATION IN UTAH. (a) AUTHORITY.—
Until September 30, 2006, the Secretary of Agriculture, via coopera-
tive agreement or contract (including sole source contract) as appro-
priate, may permit the State Forester of the State of Utah to
perform forest, rangeland, and watershed restoration services on
National Forest System lands in the State of Utah. Restoration
services provided are to be on a project to project basis as planned
or made ready for implementation under existing authorities of
the Forest Service. The types of restoration services that may
be contracted under this authority include treatment of insect
infected trees, reduction of hazardous fuels, and other activities
to restore or improve forest, rangeland, and watershed health
including fish and wildlife habitat.
(b) STATE AS AGENT.—Except as provided in subsection (c),
a cooperative agreement or contract under subsection (a) may
authorize the State Forester of the State of Utah to serve as
agent for the Forest Service in providing services necessary to
facilitate the performance and treatment of insect infested trees,
reduction of hazardous fuels, and to restore or improve forest,
rangeland, and watershed health including fish and wildlife habitat
under subsection (a). The services to be performed by the State
Forester of Utah may be conducted with subcontracts utilizing
State of Utah contract procedures. Subsections (d) and (g) of section
14 of the National Forest Management Act of 1976 (16 U.S.C.
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118 STAT. 3103
PUBLIC LAW 108–447—DEC. 8, 2004
472a) shall not apply to services performed under a cooperative
agreement or contract under subsection (a).
(c) RETENTION OF NEPA RESPONSIBILITIES.—With respect to
any treatment activity to restore and improve forest, rangeland,
and watershed health including fish and wildlife habitat services
on National Forest System lands programmed for treatment by
the State Forester of the State of Utah under subsection (a), any
decision required to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4821 et seq.) may not be delegated
to any officer or employee of the State of Utah.
SEC. 338. (a) IN GENERAL.—An entity that enters into a contract
with the United States to operate the National Recreation Reserva-
tion Service (as solicited by the solicitation numbered WO–04–
06vm) shall not carry out any duties under the contract using:
(1) a contact center located outside the United States;
or
(2) a reservation agent who does not live in the United
States.
(b) NO WAIVER.—The Secretary of Agriculture may not waive
the requirements of subsection (a).
(c) TELECOMMUTING.—A reservation agent who is carrying out
duties under the contract described in subsection (a) may not tele-
commute from a location outside the United States.
(d) LIMITATIONS.—Nothing in this Act shall be construed to
apply to any employee of the entity who is not a reservation agent
carrying out the duties under the contract described in subsection
(a) or who provides managerial or support services.
SEC. 339. For fiscal years 2005 through 2007, a decision made
by the Secretary of Agriculture to authorize grazing on an allotment
shall be categorically excluded from documentation in an environ-
mental assessment or an environmental impact statement under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) if: (1) the decision continues current grazing management
of the allotment; (2) monitoring indicates that current grazing
management is meeting, or satisfactorily moving toward, objectives
in the land and resource management plan, as determined by
the Secretary; and (3) the decision is consistent with agency policy
concerning extraordinary circumstances. The total number of allot-
ments that may be categorically excluded under this section may
not exceed 900.
SEC. 340. SALMON RIVER COMMERCIAL OUTFITTER HUNTING
CAMPS. Section 3(a)(24) of Public Law 90–542 (16 U.S.C. 1274)
is amended to add the following after paragraph (C) and redesignate
subsequent paragraphs accordingly:
‘‘(D) The established use and occupancy as of June
6, 2003, of lands and maintenance or replacement of facili-
ties and structures for commercial recreation services at
Stub Creek located in section 28, T24N, R14E, Boise Prin-
cipal Meridian, at Arctic Creek located in section 21, T25N,
R12E, Boise Principal Meridian and at Smith Gulch located
in section 27, T25N, R12E, Boise Principal Meridian shall
continue to be authorized, subject to such reasonable regu-
lation as the Secretary deems appropriate, including rules
that would provide for termination for non-compliance, and
if terminated, reoffering the site through a competitive
process.’’.
SEC. 341. (a) IN GENERAL.—
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118 STAT. 3104
PUBLIC LAW 108–447—DEC. 8, 2004
(1) The Secretary of Agriculture and the Secretary of the
Interior are authorized to make grants to the Eastern Nevada
Landscape Coalition for the study and restoration of rangeland
and other lands in Nevada’s Great Basin in order to help
assure the reduction of hazardous fuels and for related pur-
poses.
(2) Notwithstanding 31 U.S.C. 6301–6308, the Director of
the Bureau of Land Management shall enter into a cooperative
agreement with the Eastern Nevada Landscape Coalition for
the Great Basin Restoration Project, including hazardous fuels
and mechanical treatments and related work.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
SEC. 342. (a) FINDINGS.—
(1) In 1953, Public Land Order 899 (PLO 899) eliminated
approximately 80 acres from the Tongass National Forest, for
the Community of Elfin Cove, Alaska. From 1953 until 2001,
the USDA Forest Service believed two small islets within the
Elfin Cove Harbor (Lots 1 and 2 of U.S. Survey 13150, approxi-
mately 0.29 acres) were included as part of PLO 899. However,
due to a Bureau of Land Management rule in effect when
PLO 899 was issued, ownership of unsurveyed, unmapped islets
remained with the original landowner, in this case the United
States.
(2) These two islets are needed by the Community of Elfin
Cove to resolve public health and safety problems.
(3) The two islets serve no national forest purposes, but
the Forest Service has no authority to transfer ownership of
them to the Community of Elfin Cove, without receiving fair
market value for the land interests.
(4) Neither the Bureau of Land Management nor the Forest
Service intended to retain Federal ownership of these two islets,
and they remained in ownership of the United States only
through an inadvertent error.
(5) Conveyance of these two islets from the United States
to the Community of Elfin Cove, Alaska, without consideration,
is in the public interest.
(b) Based on the findings in subsection (a) and notwithstanding
any other provision of law, Congress hereby authorizes and directs
the Secretary of Agriculture to convey in fee simple without com-
pensation, Lots 1 and 2 of U.S. Survey 13150, comprising approxi-
mately 0.29 acres, to the Community of Elfin Cove, Alaska.
SEC. 343. (a) Notwithstanding any other provision of law, and
until October 1, 2007, the Indian Health Service may not disburse
funds for the provision of health care services pursuant to Public
Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village
or Alaska Native village corporation that is located within the
area served by an Alaska Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into
prior to May 1, 2004, or to prohibit the renewal of any such
agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes,
Inc., shall be treated as an Alaska Native regional health entity
to whom funds may be disbursed under this section.
Health and
health care.
Alaska.
Contracts.
Grants.
Nevada.
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118 STAT. 3105
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 344. Notwithstanding any other provision of law and using
funds previously appropriated for such purpose under Public Law
106–291 ($1,630,000) and Public Law 108–199 ($2,300,000), the
National Park Service shall (1) not later than 60 days after enact-
ment of this section purchase the seven parcels of real property
in Seward, Alaska identified by Kenai Peninsula tax identification
numbers 14910001, 14910002, 14911033, 14913005, 14913020,
14913007, and 14913008 that have been selected for the administra-
tive complex, visitor facility, plaza and related parking for the
Kenai Fjords National Park and Chugach National Forest which
shall hereafter be known as the Mary Lowell Center; and (2)
transfer to the City of Seward any remaining balance of previously
appropriated funds not necessary for property acquisition and
design upon the vacation by the City of Seward of Washington
Street between 4th Avenue and 5th Avenue and transfer of title
of the appropriate portions thereof to the Federal Government,
provided that the City of Seward uses any such funds for the
related waterfront planning, pavilions, boardwalks, trails, or related
purposes that compliment the new Federal facility.
SEC. 345. Section 331, of Public Law 106–113, is amended—
(1) in part (a) by striking ‘‘2004’’ and inserting ‘‘2005’’;
and
(2) in part (b) by striking ‘‘2004’’ and inserting ‘‘2005’’.
SEC. 346. FEDERAL BUILDING, SANDPOINT, IDAHO. (a) DEFINI-
TIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of General Services.
(2) MAP.—The term ‘‘map’’ means the map that is—
(A) entitled ‘‘Sandpoint Federal Building’’;
(B) dated September 12, 2002; and
(C) on file in—
(i) the Office of the Chief of the Forest Service;
and
(ii) the Office of the Supervisor, Idaho National
Forests, Coeur d’Alene, Idaho.
(3) PROPERTY.—The term ‘‘property’’ means the Sandpoint
Federal Building and approximately 3.17 acres of land in
Sandpoint, Idaho, as depicted on the map.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) CONVEYANCE OF PROPERTY.—
(1) IN GENERAL.—Notwithstanding subtitle I of title 40,
United States Code, the Administrator may convey to the Sec-
retary, all right, title, and interest of the United States in
and to the property.
(2) CONDITIONS.—The conveyance of the property under
paragraph (1) shall be on a noncompetitive basis, for consider-
ation, and subject to any other terms and conditions to which
the Administrator and the Secretary may agree, including a
purchase period with multiple payments over multiple fiscal
years.
(3) SOURCE OF FUNDS.—The Secretary may use amounts
made available to the Forest Service for any of fiscal years
2005 through 2010 to acquire the property under paragraph
(1).
(c) SALE OR EXCHANGE OF PROPERTY.—
16 USC 497 note.
Deadline.
Real property.
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118 STAT. 3106
PUBLIC LAW 108–447—DEC. 8, 2004
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
may use, maintain, lease, sublease, sell, or exchange all or
part of the property.
(2) TERMS.—The sale or exchange of the property under
paragraph (1) shall be for market value and subject to such
terms as the Secretary determines to be in the public interest.
(3) METHOD OF SALE OR EXCHANGE.—The sale or exchange
of the property under paragraph (1) may be on a competitive
or noncompetitive basis.
(4) 
CONSIDERATION.—Consideration 
for 
the 
sale 
or
exchange of the property may be in the form of cash, land,
or improvements (including improvements to be constructed
after the date of the sale or exchange).
(3) DISPOSITION AND USE OF PROCEEDS.—
(A) DISPOSITION
OF
PROCEEDS.—The Secretary shall
deposit the proceeds derived from any lease, sublease, sale,
exchange, or any other use or disposition of the property
in the fund established by Public Law 90–171 (commonly
known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(B) USE
OF
PROCEEDS.—Amounts deposited under
subparagraph (A) shall be available to the Secretary, with-
out further appropriation, until expended, for the construc-
tion and maintenance of Forest Service offices and related
facilities on National Forest System land in the vicinity
of Sandpoint, Idaho.
SEC. 347. (a) SHORT TITLE.—This section may be cited as the
‘‘Chris Zajicek Memorial Land Exchange Act of 2004’’.
(b) NATIONAL FOREST SYSTEM LAND EXCHANGE IN THE STATE
OF FLORIDA.—
(1) IN GENERAL.—Notwithstanding the effect of the wildfire
known as the ‘‘Impassable 1 Fire’’ on the value of the land
to be exchanged, the Secretary of Agriculture (acting through
the Chief of the Forest Service) may carry out the exchange
agreement entered into by the Forest Service and the Board
of Trustees of the Internal Improvement Trust Fund of the
State of Florida and dated March 5, 2004.
(2) VALUATION.—For purposes of determining the value
of the land to be exchanged under paragraph (1), the value
of the land shall be considered to be the value of the land
determined by the appraisal conducted on August 21, 2003.
SEC. 348. (a) SHORT TITLE.—This section may be cited as the
‘‘Grey Towers National Historic Site Act of 2004’’.
(b) FINDINGS; PURPOSES; DEFINITIONS.—
(1) FINDINGS.—Congress finds the following:
(A) James and Mary Pinchot constructed a home and
estate that is known as Grey Towers in Milford, Pennsyl-
vania.
(B) James and Mary Pinchot were also the progenitors
of a family of notable accomplishment in the history of
the Commonwealth of Pennsylvania and the Nation, in
particular, their son, Gifford Pinchot. 
(C) Gifford Pinchot was the first Chief of the Forest
Service, a major influence in formulating and implementing
forest conservation policies in the early 20th Century, and
twice Governor of Pennsylvania.
(D) During the early 20th century, James and Gifford
Pinchot used Grey Towers and the environs to establish
Gifford Pinchot.
James Pinchot.
Mary Pinchot.
Grey Towers
National Historic
Site Act of 2004.
Pennsylvania.
16 USC 461 note.
Chris Zajicek
Memorial Land
Exchange Act of
2004.
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118 STAT. 3107
PUBLIC LAW 108–447—DEC. 8, 2004
scientific forestry, to develop conservation leaders, and to
formulate conservation principles, thus making this site
one of the primary birthplaces of the American conservation
movement.
(E) In 1963, Gifford Bryce Pinchot, the son of Gifford
and Cornelia Pinchot, donated Grey Towers and 102 acres
to the Nation.
(F) In 1963, President John F. Kennedy dedicated the
Pinchot Institute for Conservation for the greater knowl-
edge of land and its uses at Grey Towers National Historic
Landmark, thereby establishing a partnership between the
public and private sectors.
(G) Grey Towers today is a place of historical signifi-
cance where leaders in natural resource conservation meet,
study, and share ideas, analyses, values, and philosophies,
and is also a place where the public can learn and appre-
ciate our conservation heritage.
(H) As established by President Kennedy, the Pinchot
Institute for Conservation, and the Forest Service at Grey
Towers operate through an established partnership in
developing and delivering programs that carry on Gifford
Pinchot’s conservation legacy.
(I) Grey Towers and associated structures in and
around Milford, Pennsylvania, can serve to enhance
regional recreational and educational opportunities.
(2) PURPOSES.—The purposes of this section are as follows:
(A) To honor and perpetuate the memory of Gifford
Pinchot.
(B) To promote the recreational and educational
resources of Milford, Pennsylvania, and its environs.
(C) To authorize the Secretary of Agriculture—
(i) to further the scientific, policy analysis, edu-
cational, and cultural programs in natural resource
conservation at Grey Towers;
(ii) to manage the property and environs more
efficiently and effectively; and
(iii) to further collaborative ties with the Pinchot
Institute for Conservation, and other Federal, State,
and local agencies with shared interests.
(3) DEFINITIONS.—For the purposes of this section:
(A) ASSOCIATED
PROPERTIES.—The term ‘‘Associated
Properties’’ means lands and improvements outside of the
Grey Towers National Historic Landmark within Pike
County, Pennsylvania, and which were associated with
James and Mary Pinchot, the Yale School of Forestry,
or the Forest Service.
(B) GREY TOWERS.—The term ‘‘Grey Towers’’ means
the buildings and surrounding area of approximately 303
acres, including the 102 acres donated in 1963 to the United
States and so designated that year.
(C) HISTORIC SITE.—The term ‘‘Historic Site’’ means
the Grey Towers National Historic Site, as so designated
by this Act.
(D) PINCHOT INSTITUTE.—The term ‘‘Pinchot Institute’’
means the Pinchot Institute for Conservation, a nonprofit
corporation established under the laws of the District of
Columbia.
John F. Kennedy.
Gifford Bryce
Pinchot.
Cornelia Pinchot.
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118 STAT. 3108
PUBLIC LAW 108–447—DEC. 8, 2004
(E) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Agriculture.
(c) DESIGNATION OF NATIONAL HISTORIC SITE.—Subject to valid
existing rights, all lands and improvements formerly encompassed
within the Grey Towers National Historic Landmark are designated
as the ‘‘Grey Towers National Historic Site’’.
(d) ADMINISTRATION.—
(1) PURPOSES.—The Historic Site shall be administered
for the following purposes:
(A) Education, public demonstration projects, and
research related to natural resource conservation, protec-
tion, management, and use. 
(B) Leadership development within the natural
resource professions and the Federal civil service.
(C) Continuing Gifford Pinchot’s legacy through pursuit
of new ideas, strategies, and solutions to natural resource
issues that include economic, ecological, and social values.
(D) Preservation, use, and maintenance of the
buildings, grounds, facilities, and archives associated with
Gifford Pinchot.
(E) Study and interpretation of the life and works
of Gifford Pinchot.
(F) Public recreation and enjoyment.
(G) Protection and enjoyment of the scenic and natural
environs.
(2) APPLICABLE LAWS.—The Secretary shall administer fed-
erally owned lands and interests in lands at the Historic Site
and Associated Properties as components of the National Forest
System in accordance with this Act, 16 U.S.C. 461 et seq.
and other laws generally applicable to the administration of
national historic sites, and the laws, rules, and regulations
applicable to the National Forest System, except that the Forest
and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1600 et seq.) shall not apply.
(3) LAND
ACQUISITION.—The Secretary is authorized to
acquire, on a willing seller basis, by purchase, donation,
exchange, or otherwise, privately owned lands and interests
in lands, including improvements, within the Historic Site and
the Associated Properties, using donated or appropriated funds.
(4) GIFTS.—
(A) ACCEPTED
BY
ENTITIES
OTHER
THAN
THE
SEC-
RETARY.—Subject to such terms and conditions as the Sec-
retary may prescribe, any public or private agency,
organization, institution, or individual may solicit, accept,
and administer private gifts of money and real or personal
property for the benefit of or in connection with, the activi-
ties and services at the Historic Site.
(B) ACCEPTED
BY
THE
SECRETARY.—Gifts may be
accepted by the Secretary for the benefit of or in connection
with, the activities and services at the Historic Site not-
withstanding the fact that a donor conducts business with
or is regulated by the Department of Agriculture in any
capacity.
(e) COOPERATIVE AUTHORITIES.—
(1) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—
The Secretary is authorized to enter into Agreements for grants,
contracts, and cooperative agreements as appropriate with the
National Forest
System.
Public lands.
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118 STAT. 3109
PUBLIC LAW 108–447—DEC. 8, 2004
Pinchot Institute, public and other private agencies, organiza-
tions, institutions, and individuals to provide for the develop-
ment, administration, maintenance, or restoration of land,
facilities, or Forest Service programs at Grey Towers or to
otherwise further the purposes of this section.
(2) INTERDEPARTMENTAL.—The Secretary and the Secretary
of the Interior are authorized and encouraged to cooperate
in promoting public use and enjoyment of Grey Towers and
the Delaware Water Gap National Recreation Area and in
otherwise furthering the administration and purposes for which
both areas were designated. Such cooperation may include co-
location and use of facilities within Associated Properties and
elsewhere.
(3) OTHER.—The Secretary may authorize use of the
grounds and facilities of Grey Towers by the Pinchot Institute
and other participating partners including Federal, State, and
local agencies, on such terms and conditions as the Secretary
may prescribe, including the waiver of special use authoriza-
tions and the waiver of rental and use fees.
(f) FUNDS.—
(1) FEES AND CHARGES.—The Secretary may impose reason-
able fees and charges for admission to and use of facilities
on Grey Towers.
(2) SPECIAL
FUND.—Any monies received by the Forest
Service in administering Grey Towers shall be deposited into
the Treasury of the United States and covered in a special
fund called the Grey Towers National Historic Site Fund.
Monies in the Grey Towers National Historic Site Fund shall
be available until expended, without further appropriation, for
support of programs of Grey Towers, and any other expenses
incurred in the administration of Grey Towers. 
(g) MAP.—The Secretary shall produce and keep for public
inspection a map of the Historic Site and associated properties
within Pike County, Pennsylvania, which were associated with
James and Mary Pinchot, the Yale School of Forestry, or the Forest
Service.
(h) SAVINGS PROVISION.—Nothing in this section shall be
deemed to diminish the authorities of the Secretary under the
Cooperative Forestry Assistance Act or any other law pertaining
to the National Forest System.
SEC. 349. (a) SHORT TITLE.—This section may be cited as the
‘‘Montana National Forests Boundary Adjustment Act of 2004’’.
(b) DEFINITIONS.—In this section:
(1) FORESTS.—The term ‘‘Forests’’ means the Helena
National Forest, Lolo National Forest, and Beaverhead-
Deerlodge National Forest in the State of Montana.
(2) MAP.—The term ‘‘map’’ means—
(A) the map entitled ‘‘Helena National Forest Boundary
Adjustment Northern Region, USDA Forest Service’’ and
dated September 13, 2004;
(B) the map entitled ‘‘Lolo National Forest Boundary
Adjustment Northern Region, USDA Forest Service’’ and
dated September 13, 2004; and
(C) the map entitled ‘‘Deerlodge National Forest
Boundary Adjustment Northern Region USDA Forest
Service’’ and dated September 13, 2004.
Montana
National Forests
Boundary
Adjustment Act
of 2004.
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PUBLIC LAW 108–447—DEC. 8, 2004
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(c) HELENA, LOLO, AND BEAVERHEAD-DEERLODGE NATIONAL
FORESTS BOUNDARY ADJUSTMENT.—
(1) IN GENERAL.—The boundaries of the Forests are modi-
fied as depicted on the maps.
(2) MAPS.—
(A) AVAILABILITY.—The maps shall be on file and avail-
able for public inspection in—
(i) the Office of the Chief of the Forest Service;
and
(ii) the office of the Regional Forester, Missoula,
Montana.
(B) CORRECTION AUTHORITY.—The Secretary may make
technical corrections to the maps.
(3) ADMINISTRATION.—Any land or interest in land acquired
within the boundaries of the Forests for National Forest System
purposes shall be managed in accordance with—
(A) the Act of March 1, 1911 (commonly known as
the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and
(B) the laws (including regulations) applicable to the
National Forest System.
(4) LAND AND WATER CONSERVATION FUND.—For purposes
of section 7 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l–9), the boundaries of the Forests,
as adjusted under paragraph (1), shall be considered to be
the boundaries of the Forests as of January 1, 1965.
(5) EFFECT.—Nothing in this section limits the authority
of the Secretary to adjust the boundaries of the Forests under
section 11 of the Act of March 1, 1911 (16 U.S.C. 521).
SEC. 350. In addition to amounts provided to the Department
of the Interior in this Act, $5,000,000 is provided for a grant
to Kendall County, Illinois.
TITLE IV—SUPPLEMENTAL APPROPRIATIONS FOR URGENT
WILDLAND FIRE SUPPRESSION ACTIVITIES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WILDLAND FIRE MANAGEMENT
For an additional amount for ‘‘Wildland Fire Management’’,
$100,000,000, 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 I of this Act will be exhausted
imminently and the Secretary of the Interior 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
Reports.
Deadline.
Illinois.
Grant.
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118 STAT. 3111
PUBLIC LAW 108–447—DEC. 8, 2004
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
Ante, p. 1012.
Establishment.
Reports.
Reports.
Deadline.
Applicability.
Applicability.
Ante, p. 1012.
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118 STAT. 3112
PUBLIC LAW 108–447—DEC. 8, 2004
(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
Department of
Labor
Appropriations
Act, 2005.
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2005.
Applicability.
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118 STAT. 3113
PUBLIC LAW 108–447—DEC. 8, 2004
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
Grants.
Deadline.
Grants.
Deadline.
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for America Institute, 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, $4,000,000
shall be for a non-competitive grant to the Black Clergy of Philadel-
phia and Vicinity, 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, $2,600,000
shall be for a non-competitive grant to the National Center on
Education and the Economy, and shall be awarded no later than
January 31, 2005.
Notwithstanding any other provision of law, funds awarded
under grants to the State of Tennessee for Workforce Essentials,
Inc., in Clarksville, Tennessee on June 29, 2004, and to Hampton
Roads on behalf of the Hampton Roads Workforce Development
Board in Norfolk, Virginia on June 30, 2001, pursuant to section
173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918),
may be used to provide services to spouses of members of the
armed forces.
The Secretary of Labor shall take no action to amend, through
regulatory or administration action, the definition established in
20 CFR 667.220 for functions and activities under title I of the
Workforce Investment Act of 1998 until such time as legislation
reauthorizing the Act is enacted.
Of the unobligated funds contained in the H–1B Nonimmigrant
Petitioner Account that are available to the Secretary of Labor
pursuant to section 286(s)(2) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)(2)), $100,000,000 are rescinded.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of 1965, as
amended, $440,200,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I and section 246;
and for training, allowances for job search and relocation, and
related State administrative expenses under part II of chapter
2, title II of the Trade Act of 1974 (including the benefits and
services described under sections 123(c)(2) and 151(b) and (c) of
the Trade Adjustment Assistance Reform Act of 2002, Public Law
107–210), $1,057,300,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for pay-
ments for any period subsequent to September 15 of the current
year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For authorized administrative expenses, $141,934,000, together
with not to exceed $3,524,301,000 (including not to exceed
$1,228,000 which may be used for amortization payments to States
which had independent retirement plans in their State employment
service agencies prior to 1980), which may be expended from the
Grants.
Deadline.
Grants.
Religion.
Deadline.
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118 STAT. 3115
PUBLIC LAW 108–447—DEC. 8, 2004
Employment Security Administration Account in the Unemploy-
ment Trust Fund including the cost of administering section 51
of the Internal Revenue Code of 1986, as amended, section 7(d)
of the Wagner-Peyser Act, as amended, the Trade Act of 1974,
as amended, the Immigration Act of 1990, and the Immigration
and Nationality Act, as amended, and of which the sums available
in the allocation for activities authorized by title III of the Social
Security Act, as amended (42 U.S.C. 502–504), and the sums avail-
able in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501–8523, shall be available for obligation
by the States through December 31, 2005, except that funds used
for automation acquisitions shall be available for obligation by
the States through September 30, 2007; of which $141,934,000,
together with not to exceed $763,587,000 of the amount which
may be expended from said trust fund, shall be available for obliga-
tion for the period July 1, 2005 through June 30, 2006, to fund
activities under the Act of June 6, 1933, as amended, including
the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E)
made available to States in lieu of allotments for such purpose:
Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 2005 is projected by the
Department of Labor to exceed 3,227,000, an additional $28,600,000
shall be available for obligation for every 100,000 increase in the
AWIU level (including a pro rata amount for any increment less
than 100,000) from the Employment Security Administration
Account of the Unemployment Trust Fund: Provided further, That
funds appropriated in this Act which are used to establish a national
one-stop career center system, or which are used to support the
national activities of the Federal-State unemployment insurance
or immigration programs, may be obligated in contracts, grants
or agreements with non-State entities: Provided further, That funds
appropriated under this Act for activities authorized under the
Wagner-Peyser Act, as amended, and title III of the Social Security
Act, may be used by the States to fund integrated Employment
Service and Unemployment Insurance automation efforts, notwith-
standing cost allocation principles prescribed under Office of
Management and Budget Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
as amended, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code of
1954, as amended; and for nonrepayable advances to the Unemploy-
ment Trust Fund as authorized by section 8509 of title 5, United
States Code, and to the ‘‘Federal unemployment benefits and allow-
ances’’ account, to remain available until September 30, 2006,
$517,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September
15, 2005, for costs incurred by the Black Lung Disability Trust
Fund in the current fiscal year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and training pro-
grams, $113,810,000, together with not to exceed $57,663,000, which
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118 STAT. 3116
PUBLIC LAW 108–447—DEC. 8, 2004
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $132,345,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance authorized
by section 104 of Public Law 96–364, within limits of funds and
borrowing authority available to such Corporation, and in accord
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
the Government Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program, including
associated administrative expenses, through September 30, 2005
for such Corporation: Provided, That none of the funds available
to the Corporation for fiscal year 2005 shall be available for obliga-
tions for administrative expenses in excess of $266,330,000: Pro-
vided further, That obligations in excess of such amount may be
incurred after approval by the Office of Management and Budget
and the Committees on Appropriations of the House and Senate.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services rendered,
$402,305,000, together with $2,040,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d)
and 44(j) of the Longshore and Harbor Workers’ Compensation
Act: Provided, That $1,250,000 shall be for the development of
an alternative system for the electronic submission of reports
required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database
of the information for each submission by whatever means, that
is indexed and easily searchable by the public via the Internet:
Provided further, That the Secretary of Labor is authorized to
accept, retain, and spend, until expended, in the name of the
Department of Labor, all sums of money ordered to be paid to
the Secretary of Labor, in accordance with the terms of the Consent
Judgment in Civil Action No. 91–0027 of the United States District
Court for the District of the Northern Mariana Islands (May 21,
1992): Provided further, That the Secretary of Labor is authorized
to establish and, in accordance with 31 U.S.C. 3302, collect and
deposit in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards
Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for proc-
essing applications and issuing registrations under title I of the
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118 STAT. 3117
PUBLIC LAW 108–447—DEC. 8, 2004
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C.
1801 et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by title 5, chapter 81 of the United
States Code; continuation of benefits as provided for under the
heading ‘‘Civilian War Benefits’’ in the Federal Security Agency
Appropriation Act, 1947; the Employees’ Compensation Commission
Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims
Act of 1948 (50 U.S.C. App. 2012); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers’ Compensation Act, as amended,
$233,000,000, together with such amounts as may be necessary
to be charged to the subsequent year appropriation for the payment
of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated
may be used under section 8104 of title 5, United States Code,
by the Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary of
a reemployed, disabled beneficiary: Provided further, That balances
of reimbursements unobligated on September 30, 2004, shall remain
available until expended for the payment of compensation, benefits,
and expenses: Provided further, That in addition there shall be
transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under section
8147(c) of title 5, United States Code, to pay an amount for its
fair share of the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees of such
fair share entities through September 30, 2005: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal Employees’
Compensation Act, $39,668,000 shall be made available to the Sec-
retary as follows: (1) for enhancement and maintenance of auto-
mated data processing systems and telecommunications systems,
$12,351,000; (2) for automated workload processing operations,
including document imaging, centralized mail intake and medical
bill processing, $14,221,000; (3) for periodic roll management and
medical review, $13,096,000; and (4) the remaining funds shall
be paid into the Treasury as miscellaneous receipts: Provided fur-
ther, That the Secretary may require that any person filing a
notice of injury or a claim for benefits under chapter 81 of title
5, United States Code, or 33 U.S.C. 901 et seq., provide as part
of such notice and claim, such identifying information (including
Social Security account number) as such regulations may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275, (the ‘‘Act’’),
$276,000,000, to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
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118 STAT. 3118
PUBLIC LAW 108–447—DEC. 8, 2004
For making benefit payments under title IV for the first quarter
of fiscal year 2006, $81,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $40,821,000, to remain
available until expended: Provided, That the Secretary of Labor
is authorized to transfer to any executive agency with authority
under the Energy Employees Occupational Illness Compensation
Act, including within the Department of Labor, such sums as may
be necessary in fiscal year 2005 to carry out those authorities:
Provided further, That the Secretary may require that any person
filing a claim for benefits under the Act provide as part of such
claim, such identifying information (including Social Security
account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
In fiscal year 2005 and thereafter, such sums as may be nec-
essary from the Black Lung Disability Trust Fund, to remain avail-
able until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code
of 1954, as amended; and interest on advances, as authorized by
section 9501(c)(2) of that Act. In addition, the following amounts
shall be available from the Fund for fiscal year 2005 for expenses
of operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): $32,646,000 for transfer to
the 
Employment 
Standards 
Administration 
‘‘Salaries 
and
Expenses’’; $23,705,000 for transfer to Departmental Management,
‘‘Salaries and Expenses’’; $342,000 for transfer to Departmental
Management, ‘‘Office of Inspector General’’; and $356,000 for pay-
ments into miscellaneous receipts for the expenses of the Depart-
ment of the Treasury.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $468,109,000, including not to exceed $91,747,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(the ‘‘Act’’), which grants shall be no less than 50 percent of the
costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $750,000 per fiscal year of training institute course tuition
fees, otherwise authorized by law to be collected, and may utilize
such sums for occupational safety and health training and education
grants: Provided, That, notwithstanding 31 U.S.C. 3302, the Sec-
retary of Labor is authorized, during the fiscal year ending Sep-
tember 30, 2005, to collect and retain fees for services provided
29 USC 670 note.
26 USC 9501
note.
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118 STAT. 3119
PUBLIC LAW 108–447—DEC. 8, 2004
to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory recognition pro-
grams that ensure the safety of equipment and products used
by workers in the workplace: Provided further, That none of the
funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard,
rule, regulation, or order under the Act which is applicable to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the Act
with respect to any employer of 10 or fewer employees who is
included within a category having a Days Away, Restricted, or
Transferred (DART) occupational injury and illness rate, at the
most precise industrial classification code for which such data are
published, less than the national average rate as such rates are
most recently published by the Secretary, acting through the Bureau
of Labor Statistics, in accordance with section 24 of that Act (29
U.S.C. 673), except—
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for viola-
tions which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That not less than $3,200,000 shall
be used to extend funding for the Institutional Competency Building
training grants which commenced in September 2000, for program
activities for the period of September 30, 2005 to September 30,
2006, provided that a grantee has demonstrated satisfactory
performance: Provided further, That none of the funds appropriated
under this paragraph shall be obligated or expended to administer
or enforce the provisions of 29 CFR 1910.134(f)(2) (General Industry
Respiratory Protection Standard) to the extent that such provisions
require the annual fit testing (after the initial fit testing) of res-
pirators for occupational exposure to tuberculosis.
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118 STAT. 3120
PUBLIC LAW 108–447—DEC. 8, 2004
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $281,535,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities; in addition,
not to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the sale
of training materials, otherwise authorized by law to be collected,
to be available for mine safety and health education and training
activities, notwithstanding 31 U.S.C. 3302; and, in addition, the
Mine Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such
sums for such activities; the Secretary is authorized to accept lands,
buildings, equipment, and other contributions from public and pri-
vate sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety education
and training in the mining community through cooperative pro-
grams with States, industry, and safety associations; and any funds
available to the department may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $455,045,000,
together with not to exceed $78,473,000, which may be expended
from the Employment Security Administration Account in the
Unemployment Trust Fund, of which $5,000,000 may be used to
fund the mass layoff statistics program under section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l–2).
OFFICE OF DISABILITY EMPLOYMENT POLICY
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to
the 
training 
and 
employment 
of 
people 
with 
disabilities,
$47,555,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the management
or operation, through contracts, grants or other arrangements of
Departmental activities conducted by or through the Bureau of
30 USC 962.
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118 STAT. 3121
PUBLIC LAW 108–447—DEC. 8, 2004
International Labor Affairs, including bilateral and multilateral
technical assistance and other international labor activities,
$323,108,000, of which, $7,000,000, to remain available until Sep-
tember 30, 2006, is for Frances Perkins Building Security Enhance-
ments, and $30,000,000 is for the acquisition of Departmental
information technology, architecture, infrastructure, equipment,
software and related needs, which will be allocated by the Depart-
ment’s Chief Information Officer in accordance with the Depart-
ment’s capital investment management process to assure a sound
investment strategy; together with not to exceed $314,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund: Provided, That no funds
made available by this Act may be used by the Solicitor of Labor
to participate in a review in any United States court of appeals
of any decision made by the Benefits Review Board under section
21 of the Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 921) where such participation is precluded by the decision
of the United States Supreme Court in Director, Office of Workers’
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the contrary
contained in Rule 15 of the Federal Rules of Appellate Procedure:
Provided further, That no funds made available by this Act may
be used by the Secretary of Labor to review a decision under
the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.
901 et seq.) that has been appealed and that has been pending
before the Benefits Review Board for more than 12 months: Pro-
vided further, That any such decision pending a review by the
Benefits Review Board for more than 1 year shall be considered
affirmed by the Benefits Review Board on the 1-year anniversary
of the filing of the appeal, and shall be considered the final order
of the Board for purposes of obtaining a review in the United
States courts of appeals: Provided further, That these provisions
shall not be applicable to the review or appeal of any decision
issued under the Black Lung Benefits Act (30 U.S.C. 901 et seq.).
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $195,098,000 may be derived from the Employ-
ment Security Administration Account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 4100–4110A, 4212,
4214, and 4321–4327, and Public Law 103–353, and which shall
be available for obligation by the States through December 31,
2005, of which $2,000,000 is for the National Veterans’ Employment
and Training Services Institute. To carry out the Homeless Veterans
Reintegration Programs (38 U.S.C. 2021) and the Veterans
Workforce Investment Programs (29 U.S.C. 2913), $29,550,000, of
which $8,550,000 shall be available for obligation for the period
July 1, 2005 through June 30, 2006.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $64,029,000, together with not to exceed
$5,561,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
33 USC 921 note.
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118 STAT. 3122
PUBLIC LAW 108–447—DEC. 8, 2004
WORKING CAPITAL FUND
For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software infrastruc-
ture and the costs associated with implementation thereof,
$10,000,000.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an indi-
vidual, either as direct costs or any proration as an indirect cost,
at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be trans-
ferred between a program, project, or activity, but no such program,
project, or activity shall be increased by more than 3 percent by
any such transfer: Provided, That the Appropriations Committees
of both Houses of Congress are notified at least 15 days in advance
of any transfer.
SEC. 103. In accordance with Executive Order No. 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 104. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the Depart-
ment of Labor to conduct job training of the local workforce where
Denali Commission projects will be constructed.
SEC. 105. Not later than 45 days after the date of enactment
of this Act, the Secretary of Labor shall issue a monthly transit
subsidy of not less than the amount each of its employees of the
National Capital Region is eligible to receive, not to exceed a
maximum of $100, as directed by Executive Order No. 13150.
SEC. 106. The Department of Labor shall submit its fiscal
year 2006 congressional budget justifications to the Committees
on Appropriations of the House of Representatives and the Senate
in the format as they were prepared prior to fiscal year 2003.
This title may be cited as the ‘‘Department of Labor Appropria-
tions Act, 2005’’.
TITLE II—DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V and sections 1128E,
711, and 1820 of the Social Security Act, the Health Care Quality
Department of
Health and
Human Services
Appropriations
Act, 2005.
Reports.
Deadline.
Transit subsidy.
Notification.
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118 STAT. 3123
PUBLIC LAW 108–447—DEC. 8, 2004
Improvement Act of 1986, as amended, the Native Hawaiian Health
Care Act of 1988, as amended, the Cardiac Arrest Survival Act
of 2000, section 712 of the American Jobs Creation Act of 2004,
and the Poison Control Center Enhancement and Awareness Act,
as amended, $6,856,624,000, of which $484,629,000 shall be avail-
able for construction and renovation (including equipment) of health
care and other facilities and other health-related activities as speci-
fied in the statement of the managers on the conference report
accompanying this Act, and of which $39,499,000 from general
revenues, notwithstanding section 1820(j) of the Social Security
Act, shall be available for carrying out the Medicare rural hospital
flexibility grants program under section 1820 of such Act: Provided,
That of the funds made available under this heading, $249,000
shall be available until expended for facilities renovations at the
Gillis W. Long Hansen’s Disease Center: Provided further, That
in addition to fees authorized by section 427(b) of the Health Care
Quality Improvement Act of 1986, fees shall be collected for the
full disclosure of information under the Act sufficient to recover
the full costs of operating the National Practitioner Data Bank,
and shall remain available until expended to carry out that Act:
Provided further, That fees collected for the full disclosure of
information under the ‘‘Health Care Fraud and Abuse Data Collec-
tion Program’’, authorized by section 1128E(d)(2) of the Social Secu-
rity Act, shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to carry
out that Act: Provided further, That $31,000,000 of the funding
provided for community health centers shall be used for base grant
adjustments for existing centers: Provided further, That no more
than $100,000 is available until expended for carrying out the
provisions of 42 U.S.C. 233(o) including associated administrative
expenses: Provided further, That no more than $45,000,000 is avail-
able until expended for carrying out the provisions of Public Law
104–73: Provided further, That $9,941,000 is available until
expended for the National Cord Blood Stem Cell Bank Program
as described in House Report 108–401: Provided further, That of
the funds made available under this heading, $288,283,000 shall
be for the program under title X of the Public Health Service
Act to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of lit-
erature) that in any way tends to promote public support or opposi-
tion to any legislative proposal or candidate for public office: Pro-
vided further, That $793,872,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public
Health Service Act: Provided further, That in addition to amounts
provided herein, $25,000,000 shall be available from amounts avail-
able under section 241 of the Public Health Service Act to carry
out Parts A, B, C, and D of title XXVI of the Public Health
Service Act to fund section 2691 Special Projects of National Signifi-
cance: Provided further, That, notwithstanding section 502(a)(1)
of the Social Security Act, not to exceed $119,158,000 is available
for carrying out special projects of regional and national significance
pursuant to section 501(a)(2) of such Act: Provided further, That
of the funds provided, $40,000,000 shall be provided to the Denali
Commission as a direct lump payment pursuant to Public Law
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118 STAT. 3124
PUBLIC LAW 108–447—DEC. 8, 2004
106–113, of which $10,000,000 shall be for a psychiatric treatment
facility in Bethel, Alaska, $10,000,000 shall be for residential and
supportive housing for elders, $2,500,000 shall be for medical and
dental equipment for rural clinics, and $5,000,000 shall be for
upgrade and construction of shelters for victims of domestic violence
and child abuse.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT
Such sums as may be necessary to carry out the purpose
of the program, as authorized by title VII of the Public Health
Service Act, as amended. For administrative expenses to carry
out the guaranteed loan program, including section 709 of the
Public Health Service Act, $3,270,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of
title XXI of the Public Health Service Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $3,176,000 shall be available from the
Trust Fund to the Secretary of Health and Human Services.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and
XXVI of the Public Health Service Act, sections 101, 102, 103,
201, 202, 203, 301, and 501 of the Federal Mine Safety and Health
Act of 1977, sections 20, 21, and 22 of the Occupational Safety
and Health Act of 1970, title IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act of
1980; including purchase and insurance of official motor vehicles
in foreign countries; and purchase, hire, maintenance, and operation
of aircraft, $4,533,911,000, of which $272,000,000 shall remain
available until expended for equipment, and construction and ren-
ovation of facilities, and of which $124,882,000 for international
HIV/AIDS shall remain available until September 30, 2006. In
addition, such sums as may be derived from authorized user fees,
which shall be credited to this account: Provided, That in addition
to amounts provided herein, the following amounts shall be avail-
able from amounts available under section 241 of the Public Health
Service Act: (1) $12,794,000 to carry out the National Immunization
Surveys; (2) $109,021,000 to carry out the National Center for
Health Statistics surveys; (3) $24,751,000 to carry out information
systems standards development and architecture and applications-
based research used at local public health levels; (4) $463,000
for Health Marketing evaluations; (5) $31,000,000 to carry out
Public Health Research; and (6) $87,071,000 to carry out Research
Tools and Approaches activities within the National Occupational
Research Agenda: Provided further, That none of the funds made
available for injury prevention and control at the Centers for Dis-
ease Control and Prevention may be used, in whole or in part,
to advocate or promote gun control: Provided further, That up
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118 STAT. 3125
PUBLIC LAW 108–447—DEC. 8, 2004
to $30,000,000 shall be made available until expended for Individual
Learning Accounts for full-time equivalent employees of the Centers
for Disease Control and Prevention: Provided further, That the
Director may redirect the total amount made available under
authority of Public Law 101–502, section 3, dated November 3,
1990, to activities the Director may so designate: Provided further,
That the Congress is to be notified promptly of any such transfer:
Provided further, That not to exceed $12,500,000 may be available
for making grants under section 1509 of the Public Health Service
Act to not more than 15 States, tribes, or tribal organizations:
Provided further, That without regard to existing statute, funds
appropriated may be used to proceed, at the discretion of the
Centers for Disease Control and Prevention, with property acquisi-
tion, including a long-term ground lease for construction on non-
Federal land, to support the construction of a replacement labora-
tory in the Fort Collins, Colorado area: Provided further, That
notwithstanding any other provision of law, a single contract or
related contracts for development and construction of facilities may
be employed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall contain
the clause ‘‘availability of funds’’ found at 48 CFR 52.232–18: Pro-
vided further, That of the funds appropriated, $10,000 is for official
reception and representation expenses when specifically approved
by the Director of the Centers for Disease Control and Prevention.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,865,525,000, of which up
to $8,000,000 may be used for facilities repairs and improvements
at the NCI–Frederick Federally Funded Research and Development
Center in Frederick, Maryland.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,965,453,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $395,080,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney dis-
ease, $1,727,696,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,552,123,000.
Notification.
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NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,440,007,000: Provided, That $100,000,000 may be made available
to International Assistance Programs ‘‘Global Fund to Fight HIV/
AIDS, Malaria, and Tuberculosis’’, to remain available until
expended: Provided further, That up to $150,000,000 shall be for
extramural facilities construction grants to enhance the Nation’s
capability to do research on biological and other agents.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,959,810,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,280,915,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$674,578,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $650,027,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,060,666,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $515,378,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication dis-
orders, $397,507,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $139,198,000.
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118 STAT. 3127
PUBLIC LAW 108–447—DEC. 8, 2004
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism,
$441,911,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,014,760,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,423,609,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $492,670,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $300,647,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,124,141,000: Provided, That none of these funds
shall be used to pay recipients of the general research support
grants program any amount for indirect expenses in connection
with such grants: Provided further, That $30,000,000 shall be for
extramural facilities construction grants.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE
MEDICINE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medi-
cine, $123,116,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $197,780,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty Inter-
national Center, $67,182,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$317,947,000, of which $4,000,000 shall be available until expended
for improvement of information systems: Provided, That in fiscal
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year 2005, the Library may enter into personal services contracts
for the provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes of Health:
Provided further, That in addition to amounts provided herein,
$8,200,000 shall be available from amounts available under section
241 of the Public Health Service Act to carry out National Informa-
tion Center on Health Services Research and Health Care Tech-
nology and related health services.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $361,145,000, of which up to
$10,000,000 shall be used to carry out section 217 of this Act:
Provided, That funding shall be available for the purchase of not
to exceed 29 passenger motor vehicles for replacement only: Pro-
vided further, That the Director may direct up to 1 percent of
the total amount made available in this or any other Act to all
National Institutes of Health appropriations to activities the
Director may so designate: Provided further, That no such appro-
priation shall be decreased by more than 1 percent by any such
transfers and that the Congress is promptly notified of the transfer:
Provided further, That the National Institutes of Health is author-
ized to collect third party payments for the cost of clinical services
that are incurred in National Institutes of Health research facilities
and that such payments shall be credited to the National Institutes
of Health Management Fund: Provided further, That all funds cred-
ited to the National Institutes of Health Management Fund shall
remain available for 1 fiscal year after the fiscal year in which
they are deposited: Provided further, That up to $500,000 shall
be available to carry out section 499 of the Public Health Service
Act: Provided further, That of the funds provided $10,000 shall
be for official reception and representation expenses when specifi-
cally approved by the Director of NIH: Provided further, That
a uniform percentage of the amounts appropriated in this Act
to each Institute and Center may be utilized for the National
Institutes of Health Roadmap Initiative: Provided further, That
the amount utilized under the preceding proviso shall not exceed
$176,800,000 without prior notification to the Committees on Appro-
priations of the House of Representatives and the Senate: Provided
further, That amounts utilized under the preceding two provisos
shall be in addition to amounts made available for the Roadmap
Initiative from the Director’s Discretionary Fund and to any
amounts allocated to activities related to the Roadmap Initiative
through the normal research priority-setting process of individual
Institutes and Centers.
BUILDINGS AND FACILITIES
For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by the National Institutes
of Health, including the acquisition of real property, $111,177,000,
to remain available until expended: Provided, That notwithstanding
any other provision of law, single contracts or related contracts,
which collectively include the full scope of the project, may be
employed for the development and construction of the first and
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second phases of the John Edward Porter Neuroscience Research
Center: Provided further, That the solicitations and contracts shall
contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232–
18.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health Service
Act with respect to substance abuse and mental health services,
the Protection and Advocacy for Individuals with Mental Illness
Act, and section 301 of the Public Health Service Act with respect
to program management, $3,295,361,000, of which $23,107,000 shall
be available for projects and in the amounts specified in the state-
ment of the managers on the conference report accompanying this
Act: Provided, That in addition to amounts provided herein, the
following amounts shall be available from amounts available under
section 241 of the Public Health Service Act: (1) $79,200,000 to
carry out subpart II of title XIX of the Public Health Service
Act to fund section 1935(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1935(b) activities shall not
exceed 5 percent of the amounts appropriated for subpart II of
title XIX; (2) $21,803,000 to carry out subpart I of Part B of
title XIX of the Public Health Service Act to fund section 1920(b)
technical assistance, national data, data collection and evaluation
activities, and further that the total available under this Act for
section 1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of Part B of title XIX; (3) $16,000,000
to carry out national surveys on drug abuse; (4) $2,000,000 for
mental health data collection; and (5) $4,300,000 for substance
abuse treatment programs.
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited
to this appropriation and shall remain available until expended:
Provided, That the amount made available pursuant to section
927(c) of the Public Health Service Act shall not exceed
$318,695,000.
CENTERS FOR MEDICARE AND MEDICAID SERVICES
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $119,124,488,000, to remain avail-
able until expended.
For making, after May 31, 2005, payments to States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2005 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
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118 STAT. 3130
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For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2006, $58,517,290,000, to remain
available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under
section 1844, 1860D–16, and 1860D–31 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of
1965, section 278(d) of Public Law 97–248, and for administrative
expenses incurred pursuant to section 201(g) of the Social Security
Act, $114,608,900,000. To ensure prompt payments of Medicare
prescription drug benefits as provided under section 1860 D–16
of the Social Security Act, $5,216,900,000, to become available on
October 1, 2005 for fiscal year 2006.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $2,696,402,000,
to be transferred from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as author-
ized by section 201(g) of the Social Security Act; together with
all funds collected in accordance with section 353 of the Public
Health Service Act and section 1857(e)(2) of the Social Security
Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall remain available until
expended: Provided, That all funds derived in accordance with
31 U.S.C. 9701 from organizations established under title XIII
of the Public Health Service Act shall be credited to and available
for carrying out the purposes of this appropriation: Provided further,
That $24,400,000, to remain available until September 30, 2006,
is for contract costs for CMS’s Systems Revitalization Plan: Provided
further, That $78,300,000, to remain available until September
30, 2006, is for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That of the amounts
made available for research, demonstration and evaluation,
$100,000 is available for Advocate Metro Outreach Initiative, Oak
Brook, Illinois, to implement an initiative to provide comprehensive
health education and services to the deaf and hard-of-hearing
community, $150,000 is available for African American Interdenomi-
national Ministries, Inc., Philadelphia, Pennsylvania, to implement
an insurance outreach program, $1,900,000 is available for AIDS
Healthcare Foundation, Los Angeles, California, for a demonstration
of residential and outpatient treatment facilities, $450,000 is avail-
able for Bronx-Lebanon Hospital Center, Bronx, New York, for
a comprehensive adolescent and young adult health program to
demonstrate means of improving health care and preventive serv-
ices for underserved inner city teenagers and young adults, $300,000
is available for Children’s Institute for Palliative Care, Children’s
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Hospitals and Clinics, Minneapolis, Minnesota, for a pediatric pal-
liative care demonstration program, $600,000 is available for the
City of Detroit, Michigan, for a project to improve access to primary
care and preventive health services for low-income and uninsured
persons, $100,000 is available for Community Catalyst, Inc., Boston,
Massachusetts, for the expansion of a benefits management pro-
gram, $150,000 is available for Cook County Bureau of Health
Services in Chicago, Illinois, for the Antibiotic Resistance Program,
$340,000 is available for Donald R. Watkins Memorial Foundation,
Houston, Texas, for a comprehensive HIV/AIDS treatment and
research demonstration program, $100,000 is available for Focus
on Therapeutic Outcomes, Inc., Knoxville, Tennessee, $250,000 is
available for Hamot Medical Center, Erie, Pennsylvania and the
Ohio Health System, Columbus, Ohio, to implement a demonstra-
tion project on the Medicare Advantage program, $25,000 is avail-
able for HealthRight, Inc., Philadelphia, Pennsylvania, for their
Care Access Program, $75,000 is available for the Inglis Foundation,
Philadelphia, Pennsylvania, for healthcare and social services for
low-income adults with severe physical disabilities in an effort
to promote independent living, $50,000 is available for Medical
Care for Children Partnership, Fairfax, Virginia, for access to spe-
cialty health care for children who have serious medical needs,
$500,000 is available for Memphis Biotech Foundation in Memphis,
Tennessee, to develop a biologistics network in Mississippi and
Tennessee, $225,000 is available for Muskegon Community Health
Project, Muskegon, Michigan, for the Access Health Program,
$30,000 is available for Our House of Portland, Portland, Oregon,
to develop a Care Program for people living with AIDS, $750,000
is available for Pace Vermont, Burlington, Vennont, for the Rural
Program for All-inclusive Care for the Elderly, $150,000 is available
for Patient Advocate Foundation, Newport News, Virginia, to assist
the PAF in serving patients experiencing difficulty accessing quality
health care services, $450,000 is available for Puerto Rico’s Gov-
ernor’s Office of Elderly Affairs for the Medication Error Prevention
Pilot Program, $1,500,000 is available for San Francisco Depart-
ment of Public Health, San Francisco, California, for a demonstra-
tion project to improve HIV/AIDS treatment and prevention serv-
ices, $300,000 is available for Santa Clara County, California, for
outreach and enrollment assistance activities of the Children’s
Health Initiative, $500,000 is available for Susquehanna Health
System, Williamsport, Pennsylvania, for stabilizing workforce for
patient care, $500,000 is available for Swope Health Services,
Kansas City, Missouri, to supplement recurring healthcare costs
for underemployed, uninsured, and income-qualified patients in
Wyandotte and Johnson Counties, Kansas, $100,000 is available
for Temple University, Crime and Justice Research Center,
Philadelphia, Pennsylvania, for DNA backlog and utilization, and
$250,000 is available for University of Maine, Partnership for Early
Childhood Health & Services: Provided further, That funds appro-
priated under this heading are available for the Healthy Start,
Grow Smart program under which the Centers for Medicare and
Medicaid Services may, directly or through grants, contracts, or
cooperative agreements, produce and distribute informational mate-
rials including, but not limited to, pamphlets and brochures on
infant and toddler health care to expectant parents enrolled in
the Medicaid program and to parents and guardians enrolled in
such program with infants and children: Provided further, That
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not less than $79,000,000 shall be for processing Medicare appeals:
Provided further, That the Secretary of Health and Human Services
is directed to collect fees in fiscal year 2005 from Medicare∂Choice
organizations pursuant to section 1857(e)(2) of the Social Security
Act and from eligible organizations with risk-sharing contracts
under section 1876 of that Act pursuant to section 1876(k)(4)(D)
of that Act: Provided further, That to the extent Medicare claims
processing unit costs are projected by the Centers for Medicare
and Medicaid Services to exceed $0.87 for Part A claims and/
or $0.63 for Part B claims, up to an additional $18,000,000 may
be available for obligation for every $0.04 increase in Medicare
claims processing unit costs from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust Funds.
The calculation of projected unit costs shall be derived in the
same manner in which the estimated unit costs were calculated
for the Federal budget estimate for the fiscal year.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE
FUND
For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the Sec-
retary in connection with loans and loan guarantees under title
XIII of the Public Health Service Act, to be available without
fiscal year limitation for the payment of outstanding obligations.
During fiscal year 2005, no commitments for direct loans or loan
guarantees shall be made.
ADMINISTRATION FOR CHILDREN AND FAMILIES
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND
FAMILY SUPPORT PROGRAMS
For making payments to States or other non-Federal entities
under titles I, IV–D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,873,802,000,
to remain available until expended; and for such purposes for the
first quarter of fiscal year 2006, $1,200,000,000, to remain available
until expended.
For making payments to each State for carrying out the pro-
gram of Aid to Families with Dependent Children under title IV–
A of the Social Security Act before the effective date of the program
of Temporary Assistance for Needy Families (TANF) with respect
to such State, such sums as may be necessary: Provided, That
the sum of the amounts available to a State with respect to expendi-
tures under such title IV–A in fiscal year 1997 under this appropria-
tion and under such title IV–A as amended by the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996 shall
not exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under titles I, IV–D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July
5, 1960 (24 U.S.C. ch. 9), for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
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LOW-INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,900,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $300,000,000, to remain available until
expended: Provided, That these funds are for the unanticipated
home energy assistance needs of one or more States, as authorized
by section 2604(e) of the Act: Provided further, That the entire
amount is designated as an emergency requirement pursuant to
section 402 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.
REFUGEE AND ENTRANT ASSISTANCE
For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and placement
of unaccompanied alien children authorized by title IV of the
Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980 (Public Law 96–422), for carrying
out section 462 of the Homeland Security Act of 2002 (Public
Law 107–296), and for carrying out the Torture Victims Relief
Act of 2003 (Public Law 108–179), $488,336,000, of which up to
$10,000,000 shall be available to carry out the Trafficking Victims
Protection Act of 2003 (Public Law 108–193): Provided, That funds
appropriated under this heading pursuant to section 414(a) of the
Immigration and Nationality Act and section 462 of the Homeland
Security Act of 2002 for fiscal year 2005 shall be available for
the costs of assistance provided and other activities to remain
available through September 30, 2007.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT
BLOCK GRANT
For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and Development
Block Grant Act of 1990), $2,099,729,000 shall be used to supple-
ment, not supplant State general revenue funds for child care
assistance for low-income families: Provided, That $19,120,000 shall
be available for child care resource and referral and school-aged
child care activities, of which $1,000,000 shall be for the Child
Care Aware toll free hotline: Provided further, That, in addition
to the amounts required to be reserved by the States under section
658G, $272,672,000 shall be reserved by the States for activities
authorized under section 658G, of which $100,000,000 shall be
for activities that improve the quality of infant and toddler care:
Provided further, That $10,000,000 shall be for use by the Secretary
for child care research, demonstration, and evaluation activities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry
out State programs pursuant to title XX of such Act shall be
10 percent.
Applicability.
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CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities Assistance
and Bill of Rights Act, the Head Start Act, the Child Abuse Preven-
tion and Treatment Act, sections 310 and 316 of the Family Violence
Prevention and Services Act, as amended, the Native American
Programs Act of 1974, title II of Public Law 95–266 (adoption
opportunities), the Adoption and Safe Families Act of 1997 (Public
Law 105–89), sections 1201 and 1211 of the Children’s Health
Act of 2000, the Abandoned Infants Assistance Act of 1988, sections
261 and 291 of the Help America Vote Act of 2002, the Early
Learning Opportunities Act, part B(1) of title IV and sections 413,
429A, 1110, and 1115 of the Social Security Act, and sections
40155, 40211, and 40241 of Public Law 103–322; for making pay-
ments under the Community Services Block Grant Act, sections
439(h), 473A, and 477(i) of the Social Security Act, and title IV
of Public Law 105–285, and for necessary administrative expenses
to carry out said Acts and titles I, IV, V, X, XI, XIV, XVI, and
XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C.
ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV
of the Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, sections 40155, 40211, and 40241
of Public Law 103–322, and section 126 and titles IV and V of
Public Law 100–485, $9,069,853,000, of which $32,103,000, to
remain available until September 30, 2006, shall be for grants
to States for adoption incentive payments, as authorized by section
473A of title IV of the Social Security Act (42 U.S.C. 670–679)
and may be made for adoptions completed before September 30,
2005: Provided further, That $6,898,580,000 shall be for making
payments under the Head Start Act, of which $1,400,000,000 shall
become available October 1, 2005 and remain available through
September 30, 2006: Provided further, That $732,385,000 shall be
for making payments under the Community Services Block Grant
Act: Provided further, That not less than $7,300,000 shall be for
section 680(3)(B) of the Community Services Block Grant Act, Pro-
vided further, That within amounts provided herein for abstinence
education for adolescents, up to $10,000,000 may be available for
a national abstinence education campaign: Provided further, That
in addition to amounts provided herein, $6,000,000 shall be avail-
able from amounts available under section 241 of the Public Health
Service Act to carry out the provisions of section 1110 of the
Social Security Act: Provided further, That to the extent Community
Services Block Grant funds are distributed as grant funds by a
State to an eligible entity as provided under the Act, and have
not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by
such entity consistent with program purposes: Provided further,
That the Secretary shall establish procedures regarding the disposi-
tion of intangible property which permits grant funds, or intangible
assets acquired with funds authorized under section 680 of the
Community Services Block Grant Act, as amended, to become the
sole property of such grantees after a period of not more than
12 years after the end of the grant for purposes and uses consistent
with the original grant: Provided further, That funds appropriated
for section 680(a)(2) of the Community Services Block Grant Act,
as amended, shall be available for financing construction and
Procedures.
Grants.
42 USC 9921
note.
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rehabilitation and loans or investments in private business enter-
prises owned by community development corporations: Provided
further, That $55,000,000 is for a compassion capital fund to provide
grants to charitable organizations to emulate model social service
programs and to encourage research on the best practices of social
service organizations: Provided further, That $15,000,000 shall be
for activities authorized by the Help America Vote Act of 2002,
of which $10,000,000 shall be for payments to States to promote
access for voters with disabilities, and of which $5,000,000 shall
be for payments to States for protection and advocacy systems
for voters with disabilities: Provided further, That $100,000,000
shall be for making competitive grants to provide abstinence edu-
cation (as defined by section 510(b)(2) of the Social Security Act)
to adolescents, and for Federal costs of administering the grant:
Provided further, That grants under the immediately preceding
proviso shall be made only to public and private entities which
agree that, with respect to an adolescent to whom the entities
provide abstinence education under such grant, the entities will
not provide to that adolescent any other education regarding sexual
conduct, except that, in the case of an entity expressly required
by law to provide health information or services the adolescent
shall not be precluded from seeking health information or services
from the entity in a different setting than the setting in which
abstinence education was provided: Provided further, That in addi-
tion to amounts provided herein for abstinence education for adoles-
cents, $4,500,000 shall be available from amounts available under
section 241 of the Public Health Services Act to carry out evalua-
tions (including longitudinal evaluations) of adolescent pregnancy
prevention approaches: Provided further, That $2,000,000 shall be
for improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a study
of the system’s effectiveness.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $99,383,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For making payments to States or other non-Federal entities
under title IV–E of the Social Security Act, $5,037,900,000.
For making payments to States or other non-Federal entities
under title IV–E of the Act, for the first quarter of fiscal year
2006, $1,767,200,000.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under section 474 of title
IV–E, for the last 3 months of the current fiscal year for unantici-
pated costs, incurred for the current fiscal year, such sums as
may be necessary.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, and section 398 of
the Public Health Service Act, $1,404,634,000, of which $5,500,000
Abstinence.
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118 STAT. 3136
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shall be available for activities regarding medication management,
screening, and education to prevent incorrect medication and
adverse drug reactions; and of which $4,558,000 shall remain avail-
able until September 30, 2007, for the White House Conference
on Aging.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for
carrying out titles III, XVII, XX, and XXI of the Public Health
Service Act, and the United States-Mexico Border Health Commis-
sion Act, $371,975,000, together with $55,851,000 to be transferred
and expended as authorized by section 201(g)(1) of the Social Secu-
rity Act from the Hospital Insurance Trust Fund and the Supple-
mental Medical Insurance Trust Fund: Provided, That of the funds
made available under this heading for carrying out title XX of
the Public Health Service Act, $13,120,000 shall be for activities
specified under section 2003(b)(2), all of which shall be for preven-
tion service demonstration grants under section 510(b)(2) of title
V of the Social Security Act, as amended, without application of
the limitation of section 2010(c) of said title XX: Provided further,
That of this amount, $52,838,000 shall be for minority AIDS preven-
tion and treatment activities; $14,847,000 shall be for an Informa-
tion Technology Security and Innovation Fund for Department-
wide activities involving cybersecurity, information technology secu-
rity, and related innovation projects; and $6,000,000 shall be to
assist Afghanistan in the development of maternal and child health
clinics, consistent with section 103(a)(4)(H) of the Afghanistan
Freedom Support Act of 2002: Provided further, That no more
than $2,754,000 shall be available for the Office of the Assistant
Secretary for Legislation: Provided further, That $50,000,000 shall
be transferred to the Social Security Administration for processing
Medicare appeals: Provided further, That specific information
requests from the chairmen and ranking members of the Sub-
committees on Labor, Health and Human Services, and Education,
and Related Agencies, on scientific research or any other matter,
shall be transmitted to the Committees on Appropriations in a
prompt professional manner and within the time frame specified
in the request: Provided further, That scientific information
requested by the Committees on Appropriations and prepared by
government researchers and scientists shall be transmitted to the
Committees on Appropriations, uncensored and without delay.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, as amended, $40,323,000: Provided, That of such amount,
necessary sums are available for providing protective services to
the Secretary and investigating non-payment of child support cases
for which non-payment is a Federal offense under 18 U.S.C. 228.
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OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$32,043,000, together with not to exceed $3,314,000 to be trans-
ferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and title
III of the Public Health Service Act, $20,750,000, which shall be
available from amounts available under section 241 of the Public
Health Service Act to carry out national health or human services
research and evaluation activities: Provided, That the expenditure
of any funds available under section 241 of the Public Health
Service Act are subject to the requirements of section 206 of this
Act.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Sur-
vivor Benefit Plan, for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act (10 U.S.C. chap-
ters 55 and 56), such amounts as may be required during the
current fiscal year. The following are definitions for the medical
benefits of the Public Health Service Commissioned Officers that
apply to 10 U.S.C. chapter 56, section 1116(c). The source of funds
for the monthly accrual payments into the Department of Defense
Medicare-Eligible Retiree Health Care Fund shall be the Retirement
Pay and Medical Benefits for Commissioned Officers account. For
purposes of this Act, the term ‘‘pay of members’’ shall be construed
to be synonymous with retirement payments to United States Public
Health Service officers who are retired for age, disability, or length
of service; payments to survivors of deceased officers; medical care
to active duty and retired members and dependents and bene-
ficiaries; all of which payments are provided for by the Retirement
Pay and Medical Benefits for Commissioned Officers account.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to coun-
tering potential biological, disease, nuclear, radiological and chem-
ical threats to civilian populations, $2,208,287,000: Provided, That
this amount is distributed as follows: Centers for Disease Control
and 
Prevention, 
$1,173,300,000; 
Office 
of 
the 
Secretary,
$64,438,000; Strategic National Stockpile, $400,000,000, to remain
available until expended; National Institutes of Health, $47,400,000;
and Health Resources and Services Administration, $523,149,000:
Provided further, That employees of the Centers for Disease Control
and Prevention or the Public Health Service, both civilian and
Commissioned Officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the Public Health
Service Act for purposes related to homeland security, shall be
treated as non-Federal employees for reporting purposes only and
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118 STAT. 3138
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shall not be included within any personnel ceiling applicable to
the Agency, Service, or the Department of Health and Human
Services during the period of detail or assignment.
In addition, for activities to ensure a year-round influenza
vaccine production capacity; the development and implementation
of rapidly expandable influenza vaccine production technologies;
and if determined necessary by the Secretary, the purchase of
influenza vaccine, $100,000,000, to remain available until expended.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. The Secretary shall make available through assign-
ment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emer-
gency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated under this Act may
be used to implement section 399F(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health Revitaliza-
tion Act of 1993, Public Law 103–43.
SEC. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research
and Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in
excess of Executive Level I.
SEC. 205. None of the funds appropriated in this title for
Head Start shall be used to pay the compensation of an individual,
either as direct costs or any proration as an indirect cost, at a
rate in excess of Executive Level II.
SEC. 206. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the
Department of Health and Human Services, prior to the Secretary’s
preparation and submission of a report to the Committee on Appro-
priations of the Senate and of the House detailing the planned
uses of such funds.
SEC. 207. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but
not more than 2.4 percent, of any amounts appropriated for pro-
grams authorized under said Act shall be made available for the
evaluation (directly, or by grants or contracts) of the implementation
and effectiveness of such programs.
(TRANSFER OF FUNDS)
SEC. 208. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between a program, project, or
activity, but no such program, project, or activity shall be increased
by more than 3 percent by any such transfer: Provided, That a
HIV/AIDS.
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118 STAT. 3139
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program, project, or activity may be increased by up to an additional
2 percent subject to approval by the House and Senate Committees
on Appropriations: Provided further, That the Appropriations
Committees of both Houses of Congress are notified at least 15
days in advance of any transfer.
SEC. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ‘‘Office
of AIDS Research’’ account. The Director of the Office of AIDS
Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the Public Health Service Act.
SEC. 210. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision
of minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
SEC. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare+Choice program if the Secretary denies participation
in such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary
that it will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate of the
expected costs of providing the service to such entity’s enrollees):
Provided further, That nothing in this section shall be construed
to change the Medicare program’s coverage for such services and
a Medicare+Choice organization described in this section shall be
responsible for informing enrollees where to obtain information
about all Medicare covered services.
SEC. 212. Notwithstanding any other provision of law, no pro-
vider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape,
or incest.
SEC. 213. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101–167)
is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘1997, 1998, 1999,
2000, 2001, 2002, 2003, 2004, and 2005’’ and inserting
‘‘1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005,
and 2006’’;
(B) in subsection (e), by striking ‘‘October 1, 2004’’
each place it appears and inserting ‘‘October 1, 2005’’;
and
(C) in subsection (b)(1)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking the period
and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
HIV/AIDS.
Notification.
Deadline.
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118 STAT. 3140
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‘‘(C) one or more categories of aliens who are or were
nationals and residents of the Islamic Republic or Iran who,
as members of a religious minority in Iran, share common
characteristics that identify them as targets of persecution in
that state on account of race, religion, nationality, membership
in a particular social group, or political opinion.’’; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘September 30, 2004’’ and inserting ‘‘Sep-
tember 30, 2005’’.
SEC. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold sub-
stance abuse funding from a State pursuant to section 1926 of
the Public Health Service Act (42 U.S.C. 300x–26) if such State
certifies to the Secretary of Health and Human Services by May
1, 2005 that the State will commit additional State funds, in accord-
ance with subsection (b), to ensure compliance with State laws
prohibiting the sale of tobacco products to individuals under 18
years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State’s substance
abuse block grant allocation for each percentage point by which
the State misses the retailer compliance rate goal established by
the Secretary of Health and Human Services under section 1926
of such Act.
(c) The State is to maintain State expenditures in fiscal year
2005 for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures
maintained by the State for fiscal year 2004, and adding to that
level the additional funds for tobacco compliance activities required
under subsection (a). The State is to submit a report to the Secretary
on all fiscal year 2004 State expenditures and all fiscal year 2005
obligations for tobacco prevention and compliance activities by pro-
gram activity by July 31, 2005.
(d) The Secretary shall exercise discretion in enforcing the
timing of the State obligation of the additional funds required
by the certification described in subsection (a) as late as July
31, 2005.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926 from
a territory that receives less than $1,000,000.
SEC. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including
HIV/AIDS and other infectious disease, chronic and environmental
disease, and other health activities abroad during fiscal year 2005,
the Secretary of Health and Human Services—
(1) may exercise authority equivalent to that available
to the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary
of Health and Human Services shall consult with the Secretary
of State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927) and other applicable statutes administered
by the Department of State, and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary
to pay the costs of acquisition, lease, alteration, renovation,
Reports.
Deadline.
Deadline.
Certification.
Tobacco and
tobacco products.
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118 STAT. 3141
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and management of facilities outside of the United States for
the use of the Department of Health and Human Services.
The Department of State shall cooperate fully with the Sec-
retary of Health and Human Services to ensure that the Depart-
ment of Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing loca-
tion, setback, and other facilities requirements and serve the
purposes established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with the Sec-
retary of State, through grant or cooperative agreement, to
make available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as necessary
to conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and other
infectious diseases, chronic and environmental diseases, and
other health activities abroad.
SEC. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional manage-
ment/administrative and occupational health professionals.
SEC. 217. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of the National Institutes of Health may use
funds available under section 402(i) of the Public Health Service
Act (42 U.S.C. 282(i)) to enter into transactions (other than con-
tracts, cooperative agreements, or grants) to carry out research
in support of the NIH Roadmap Initiative of the Director.
(b) PEER REVIEW.—In entering into transactions under sub-
section (a), the Director of the National Institutes of Health may
utilize such peer review procedures (including consultation with
appropriate scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical merit.
Such procedures shall apply to such transactions in lieu of the
peer review and advisory council review procedures that would
otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service
Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and
289c).
SEC. 218. Notwithstanding any other provisions of law, funds
made available under this heading may be used to continue oper-
ating the Council on Graduate Medical Education established by
section 301 of Public Law 102–408.
SEC. 219. (a) Notwithstanding section 412.23(b)(2) of title 42
of the Code of Federal Regulations, none of the funds appropriated
by this Act may be expended by the Secretary of Health and
Human Services to treat a hospital or unit of a hospital that
was certified by the Secretary as an inpatient rehabilitation facility
on or before June 30, 2004, as a subsection (d) hospital (as defined
in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B))) until, not later than 60 days after the date on
which the report under subsection (b) is issued, the Secretary,
taking into account the recommendations in such report—
(1) determines that the classification criteria of hospitals
and units of hospitals as inpatient rehabilitation facilities under
such section 412.23(b)(2) are not inconsistent with such rec-
ommendations; or
Effective date.
42 USC 294o
note.
Applicability.
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PUBLIC LAW 108–447—DEC. 8, 2004
(2) promulgates a regulation providing for revised criteria
under such section 412.23(b)(2), which regulation shall be effec-
tive and final immediately on an interim basis as of the date
of publication of the regulation.
(b) The study referred to in subsection (a) is a study by the
Comptroller General of the United States directed in the statement
of managers accompanying the conference report on the bill H.R.
1 of the 108th Congress regarding clinically appropriate standards
for defining inpatient rehabilitation services under such section
412.23(b)(2).
SEC. 220. In addition to funds appropriated to the Office of
Inspector General of the Department of Health and Human Services
under Public Law 104–191 and this Act, $25,000,000 shall be trans-
ferred from amounts appropriated under section 1015(a)(1) of Public
Law 108–173 for activities by the Office of Inspector General of
the Department of Health and Human Services relating to oversight
of programs established or revised by Public Law 108–173.
SEC. 221. The unobligated balance of the Health Professions
Student Loan program authorized in Subpart II, Federally-Sup-
ported Student Loan Funds, of title VII of the Public Health Services
Act is rescinded.
SEC. 222. The unobligated balance of the Nursing Student
Loan program authorized by section 835 of the Public Health Serv-
ices Act is rescinded.
SEC. 223. The unobligated balance, excluding amounts nec-
essary for the costs of potential defaults, in the Medical Facilities
Guarantee and Loan Fund is rescinded.
SEC. 224. The unobligated balance in the amount of $20,000,000
appropriated by Public Law 108–11 under the heading ‘‘Public
Health and Social Services Emergency Fund’’ is rescinded.
SEC. 225. The Center for Biodefense and Emerging Infectious
Diseases (Building 33) at the National Institutes of Health is hereby
named the C.W. Bill Young Center for Biodefense and Emerging
Infectious Diseases.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2005’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Edu-
cation Act of 1965, $14,963,683,000, of which $7,382,995,000 shall
become available on July 1, 2005, and shall remain available
through September 30, 2006, and of which $7,383,301,000 shall
become available on October 1, 2005, and shall remain available
through September 30, 2006 for academic year 2005–2006, and
of which $25,000,000 shall become available on October 1, 2004
and shall remain available until September 30, 2006: Provided,
That $7,037,592,000 shall be available for basic grants under section
1124: Provided further, That up to $3,500,000 of these funds shall
be available to the Secretary of Education on October 1, 2004,
to obtain annually updated educational-agency-level census poverty
data from the Bureau of the Census: Provided further, That
$1,365,031,000 shall be available for concentration grants under
Department of
Education
Appropriations
Act, 2005.
Federal buildings
and facilities.
Rescission.
Health and
health care.
Rescission.
Medical facilities.
Rescission.
Student loans.
Rescission.
Student loans.
Regulations.
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section 1124A: Provided further, That $2,219,843,000 shall be avail-
able for targeted grants under section 1125: Provided further, That
$2,219,843,000 shall be available for education finance incentive
grants under section 1125A: Provided further, That $25,000,000,
available until September 30, 2006, shall be for a striving readers
initiative authorized under section 1502 of the ESEA: Provided
further, That $9,500,000 shall be available to carry out part E
of title I: Provided further, That from the funds available to carry
out part E of title I, up to $1,000,000 shall be available to the
Secretary of Education to provide technical assistance to State
and local educational agencies concerning part A of title I: Provided
further, That $207,000,000 shall be available for comprehensive
school reform grants under part F of the ESEA.
IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,253,893,000, of which
$1,083,687,000 shall be for basic support payments under section
8003(b), $50,369,000 shall be for payments for children with disabil-
ities under section 8003(d), $48,936,000 shall be for construction
under section 8007 and shall remain available through September
30, 2006, $63,000,000 shall be for Federal property payments under
section 8002, and $7,901,000, to remain available until expended,
shall be for facilities maintenance under section 8008: Provided,
That $3,000,000 of the funds for section 8007 shall be available
for the local educational agencies and in the amounts specified
in the statement of the managers on the conference report accom-
panying this Act: Provided further, That, notwithstanding any other
provision of law, these funds shall remain available until expended:
Provided further, That for purposes of computing the amount of
a payment for an eligible local educational agency under section
8003(a) of the Elementary and Secondary Education Act (20 U.S.C.
7703(a)) for school year 2004–2005, children enrolled in a school
of such agency that would otherwise be eligible for payment under
section 8003(a)(1)(B) of such Act, but due to the deployment of
both parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long
as such children reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change
in eligibility status.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
titles II, part B of title IV, part A and subparts 6 and 9 of part
D of title V, parts A and B of title VI, and parts B and C of
title VII of the Elementary and Secondary Education Act of 1965
(‘‘ESEA’’); the McKinney-Vento Homeless Assistance Act; section
203 of the Educational Technical Assistance Act of 2002; the Com-
pact of Free Association Amendments Act of 2003; and the Civil
Rights Act of 1964, $5,664,977,000, of which $4,034,196,000 shall
become available on July 1, 2005, and remain available through
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118 STAT. 3144
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September 30, 2006, and of which $1,435,000,000 shall become
available on October 1, 2005, and shall remain available through
September 30, 2006, for academic year 2005–2006: Provided, That
funds made available to carry out part B of title VII of the ESEA
may be used for construction, renovation and modernization of
any elementary school, secondary school, or structure related to
an elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a predominantly
Native Hawaiian student body: Provided further, That from the
funds referred to in the preceding proviso, not less than $1,000,000
shall be for a grant to the Department of Education of the State
of Hawaii for the activities described in such proviso, and $600,000
shall be for a grant to the University of Hawaii School of Law
for a Center of Excellence in Native Hawaiian law: Provided further,
That funds made available to carry out part C of title VII of
the ESEA may be used for construction: Provided further, That
from the funds referred to in the preceding proviso, $2,000,000
shall be provided to the Yuut Elitnaurviut Vocational Learning
Center in Bethel, Alaska for construction; $1,000,000 shall be pro-
vided to the University of Alaska Anchorage for high school enrich-
ment programs of the UAA Native Science and Engineering pro-
gram; and notwithstanding any other provision of law, of the funds
available to the Alaska Native Heritage Center, up to $1,000,000
may be used for repair and renovation of buildings on its campus:
Provided further, That $415,000,000 shall be for State assessments
and related activities authorized under sections 6111 and 6112
of the ESEA: Provided further, That the amount made available
in the Department of Education Appropriations Act, 2004, under
the heading School Improvement Programs and including any funds
transferred by the Secretary of Education pursuant to section 304
of that Act for State assessment grants authorized under section
6111 of the Elementary and Secondary Education Act of 1965,
shall not be less than $390,000,000: Provided further, That, notwith-
standing any other provision of law, including any across-the-board
reduction that would otherwise apply, the funds made available
for fiscal year 2005 under the heading School Improvement Pro-
grams for State assessment grants under section 6111 of the
Elementary and Secondary Education Act of 1965 shall not be
less than $400,000,000: Provided further, That $57,283,000 shall
be available to carry out section 203 of the Educational Technical
Assistance Act of 2002: Provided further, That $29,111,000 shall
be available to carry out part D of title V of the ESEA: Provided
further, That no funds appropriated under this heading may be
used to carry out section 5494 under the ESEA: Provided further,
That $12,230,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of Micronesia,
and $6,100,000 shall be available to carry out the Supplemental
Education Grants program for the Republic of the Marshall Islands:
Provided further, That up to 5 percent of these amounts may
be reserved by the Federated States of Micronesia and the Republic
of the Marshall Islands to administer the Supplemental Education
Grants programs and to obtain technical assistance, oversight and
consultancy services in the administration of these grants and
to reimburse the United States Departments of Labor, Health and
Human Services, and Education for such services.
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118 STAT. 3145
PUBLIC LAW 108–447—DEC. 8, 2004
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Edu-
cation Act of 1965, $120,856,000.
INNOVATION AND IMPROVEMENT
For carrying out activities authorized by parts G and H of
title I, subpart 5 of part A and parts C and D of title II, parts
B, C, and D of title V, and section 1504 of the Elementary and
Secondary Education Act of 1965 (‘‘ESEA’’), $1,101,454,000: Pro-
vided, That $17,000,000 shall be available to carry out section
2151(c) of the ESEA, of which not less than $10,000,000 shall
be provided to the National Board for Professional Teaching Stand-
ards, and not less than $7,000,000 shall be provided to the American
Board for the Certification of Teacher Excellence: Provided further,
That $37,279,000 shall be for subpart 2 of part B of title V: Provided
further, That $417,418,000 shall be available to carry out part
D of title V of the ESEA: Provided further, That $246,963,000
of the funds for subpart 1, part D of title V of the ESEA shall
be available for the projects and in the amounts specified in the
statement of the managers on the conference report accompanying
this Act.
SAFE SCHOOLS AND CITIZENSHIP EDUCATION
For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3 and 10 of
part D of title V of the Elementary and Secondary Education
Act of 1965 (‘‘ESEA’’), title VIII–D of the Higher Education Amend-
ments of 1998, and Public Law 102–73, $867,713,000, of which
$467,908,000, shall become available on July 1, 2005 and remain
available through September 30, 2006: Provided, That of the amount
available for subpart 2 of part A of title IV of the ESEA, $850,000
shall be used to continue the National Recognition Awards program
under the same guidelines outlined by section 120(f) of Public
Law 105–244: Provided further, That $440,908,000 shall be avail-
able for subpart 1 of part A of title IV and $236,472,000 shall
be available for subpart 2 of part A of title IV: Provided further,
That $133,691,000 shall be available to carry out part D of title
V of the ESEA: Provided further, That of the funds available to
carry out subpart 3 of part C of title II, up to $12,292,000 may
be used to carry out section 2345 and $3,050,000 shall be used
by the Center for Civic Education to implement a comprehensive
program to improve public knowledge, understanding, and support
of the Congress and the State legislatures: Provided further, That
$27,000,000 shall be for Youth Offender Grants, of which $5,000,000
shall be used in accordance with section 601 of Public Law 102–
73 as that section was in effect prior to enactment of Public Law
105–220: Provided further, That of the funds available to carry
out subpart 10 of part D of title V, up to $2,000,000 may be
used to support the Special Olympics National Summer Games.
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA, $681,215,000,
of which $595,715,000 shall become available on July 1, 2005,
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and shall remain available through September 30, 2006: Provided,
That funds reserved under section 3111(c)(1)(D) of the ESEA that
are not used in accordance with section 3111(c)(2) may be added
to the funds that are available July 1, 2005, through September
30, 2006, for State allotments under section 3111(c)(3).
SPECIAL EDUCATION
For carrying out parts B, C, and D of the Individuals with
Disabilities 
Education 
Act, 
$11,767,748,000, 
of 
which
$6,145,270,000 shall become available for obligation on July 1,
2005, and shall remain available through September 30, 2006,
and of which $5,413,000,000 shall become available on October
1, 2005, and shall remain available through September 30, 2006,
for academic year 2005–2006: Provided, That $11,400,000 shall
be for Recording for the Blind and Dyslexic, Inc., to support the
development, production, and circulation of recorded educational
materials: Provided further, That $1,500,000 shall be for the
recipient of funds provided by Public Law 105–78 under section
687(b)(2)(G) of the Act (as in effect prior to the enactment of
the Individuals with Disabilities Education Improvement Act of
2004) to provide information on diagnosis, intervention, and
teaching strategies for children with disabilities: Provided further,
That the amount for section 611(c) of the Act shall be equal to
the amount available for that section during fiscal year 2004,
increased by the amount of inflation as specified in section
611(f)(1)(B)(ii) of the Act (as in effect prior to the enactment of
the Individuals with Disabilities Education Improvement Act of
2004).
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998
(‘‘the AT Act’’), and the Helen Keller National Center Act,
$3,076,112,000, of which $1,000,000 shall be awarded to the Amer-
ican Academy of Orthotists and Prosthetists for activities that fur-
ther the purposes of the grant received by the Academy for the
period beginning October 1, 2003, including activities to meet the
demand for orthotic and prosthetic provider services and improve
patient care: Provided, That $30,000,000 shall be used for carrying
out the AT Act, including $4,420,760 for State grants for protection
and advocacy under section 5 of the AT Act and $4,055,000 shall
be for alternative financing programs: Provided further, That the
Federal share of grants for alternative financing programs under
section 4(b)(2)(D) of the AT Act shall not exceed 75 percent, and
the requirements in section 301(c)(2) and section 302 of the AT
Act (as in effect on the day before the date of enactment of the
Assistive Technology Act of 2004) shall not apply to such grants:
Provided further, That $7,030,000 of the funds for section 303
of the Rehabilitation Act of 1973 shall be available for the projects
and in the amounts specified in the statement of the managers
of the conference report accompanying this Act.
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SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $17,000,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986 (20 U.S.C.
4301 et seq.), $55,790,000, of which $1,685,000 shall be for construc-
tion and shall remain available until expended: Provided, That
from the total amount available, the Institute may at its discretion
use funds for the endowment program as authorized under section
207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986 (20 U.S.C. 4301 et seq.), $105,400,000: Provided, That
from the total amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Technical Education Act of 1998,
the Adult Education and Family Literacy Act, and subparts 4
and 11 of part D of title V of the Elementary and Secondary
Education Act of 1965 (‘‘ESEA’’), $2,027,166,000, of which
$1,226,404,000 shall become available on July 1, 2005 and shall
remain available through September 30, 2006 and of which
$791,000,000 shall become available on October 1, 2005 and shall
remain available through September 30, 2006: Provided, That of
the amount provided for Adult Education State Grants, $69,135,000
shall be made available for integrated English literacy and civics
education services to immigrants and other limited English pro-
ficient populations: Provided further, That of the amount reserved
for integrated English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act, 65
percent shall be allocated to States based on a State’s absolute
need as determined by calculating each State’s share of a 10-
year average of the Immigration and Naturalization Service data
for immigrants admitted for legal permanent residence for the
10 most recent years, and 35 percent allocated to States that
experienced growth as measured by the average of the 3 most
recent years for which Immigration and Naturalization Service
data for immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount less
than $60,000: Provided further, That of the amounts made available
for the Adult Education and Family Literacy Act, $9,169,000 shall
be for national leadership activities under section 243 and
$6,692,000 shall be for the National Institute for Literacy under
section 242: Provided further, That $100,238,000 shall be available
to carry out part D of title V of the ESEA: Provided further,
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118 STAT. 3148
PUBLIC LAW 108–447—DEC. 8, 2004
That $95,238,000 shall be available to support the activities author-
ized under subpart 4 of part D of title V of the Elementary and
Secondary Education Act of 1965, of which up to 5 percent shall
become available October 1, 2004 and shall remain available
through September 30, 2006, for evaluation, technical assistance,
school networking, peer review of applications, and program out-
reach activities, and of which not less than 95 percent shall become
available on July 1, 2005, and remain available through September
30, 2006, for grants to local educational agencies: Provided further,
That funds made available to local education agencies under this
subpart shall be used only for activities related to establishing
smaller learning communities in high schools.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3 and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965, as amended,
$14,380,795,000, which shall remain available through September
30, 2006.
The maximum Pell Grant for which a student shall be eligible
during award year 2005–2006 shall be $4,050.
STUDENT AID ADMINISTRATION
For Federal administrative expenses (in addition to funds made
available under section 458), to carry out part D of title I, and
subparts 1, 3, and 4 of part A, and parts B, C, D and E of
title IV of the Higher Education Act of 1965, as amended,
$120,247,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, section
121 and titles II, III, IV, V, VI, and VII of the Higher Education
Act of 1965 (‘‘HEA’’), as amended, section 1543 of the Higher Edu-
cation Amendments of 1992, the Mutual Educational and Cultural
Exchange Act of 1961, title VIII of the Higher Education Amend-
ments of 1998, and section 117 of the Carl D. Perkins Vocational
and Technical Education Act, $2,134,269,000, of which $1,500,000
for interest subsidies authorized by section 121 of the HEA shall
remain available until expended: Provided, That $9,876,000, to
remain available through September 30, 2006, shall be available
to fund fellowships for academic year 2006–2007 under part A,
subpart 1 of title VII of said Act, under the terms and conditions
of part A, subpart 1: Provided further, That notwithstanding any
other provision of law or any regulation, the Secretary of Education
shall not require the use of a restricted indirect cost rate for
grants issued pursuant to section 117 of the Carl D. Perkins Voca-
tional and Technical Education Act of 1998: Provided further, That
$988,000 is for data collection and evaluation activities for programs
under the HEA, including such activities needed to comply with
the Government Performance and Results Act of 1993: Provided
further, That notwithstanding any other provision of law, funds
made available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural Exchange
Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital
20 USC 1070a
note.
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118 STAT. 3149
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to United States national security and who plan to apply their
language skills and knowledge of these countries in the fields of
government, the professions, or international development: Provided
further, That of the funds referred to in the preceding proviso
up to 1 percent may be used for program evaluation, national
outreach, and information dissemination activities and $1,500,000
shall be used for a contract with the National Research Council
to carry out an independent review of title VI international edu-
cation and foreign language studies and the section 102(b)(6) Ful-
bright-Hays programs: Provided further, That the funds provided
for title II of the HEA shall be allocated notwithstanding section
210 of such Act: Provided further, That $146,360,000 of the funds
for part B of title VII of the Higher Education Act of 1965 shall
be available for the projects and in the amounts specified in the
statement of the managers of the conference report accompanying
this Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et
seq.), $240,715,000, of which not less than $3,552,000 shall be
for a matching endowment grant pursuant to the Howard University
Endowment Act (Public Law 98–480) and shall remain available
until expended.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM
For Federal administrative expenses authorized under section
121 of the Higher Education Act of 1965, $578,000 to carry out
activities related to existing facility loans entered into under the
Higher Education Act of 1965.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT
The aggregate principal amount of outstanding bonds insured
pursuant to section 344 of title III, part D of the Higher Education
Act of 1965, shall not exceed $357,000,000, and the cost, as defined
in section 502 of the Congressional Budget Act of 1974, of such
bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into
pursuant to title III, part D of the Higher Education Act of 1965,
as amended, $212,000.
INSTITUTE OF EDUCATION SCIENCES
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, as amended, The National Assessment of
Educational Progress Authorization Act, and section 208 of the
Educational Technical Assistance Act of 2002, $527,453,000: Pro-
vided, That, of the amount appropriated, $190,518,000 shall be
available for obligation until September 30, 2006: Provided further,
That $83,774,000 shall be for research and innovation in special
education authorized under section 177 of the Education Science
Reform Act, as amended: Provided further, That $10,623,000 of
the funds for section 177 of the Act shall be available for the
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118 STAT. 3150
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projects and in the amounts specified in the statement of the
managers of the conference report accompanying this Act.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of con-
ference rooms in the District of Columbia and hire of three pas-
senger motor vehicles, $423,379,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as author-
ized by section 203 of the Department of Education Organization
Act, $90,248,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $47,790,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the Depart-
ment of Education in this Act may be transferred between appro-
priations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropria-
tions Committees of both Houses of Congress are notified at least
15 days in advance of any transfer.
Notification.
Deadline.
Schools.
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118 STAT. 3151
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 305. Section 8002(m) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(m)) is amended by striking
‘‘5 years’’ each place it appears and inserting ‘‘7 years’’.
SEC. 306. (a) Section 167 of division H of the Consolidated
Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 3) is
amended by striking ‘‘$200,000, for Western Maine Technical Col-
lege, South Paris, Maine, for education programs and marketing
activities’’ and inserting ‘‘$200,000, for Central Maine Community
College, Auburn, Maine, for education programs, student recruit-
ment and marketing activities at the Central Maine Community
College-Western Maine University and Community College Center
in South Paris, Maine’’.
(b) In the statement of the managers of the committee of
conference accompanying H.R. 2673 (Public Law 108–199; House
Report 108–401), in the matter in title III of division E, relating
to the Fund for the Improvement of Education under the heading
‘‘Innovation and Improvement’’ the provision specifying $300,000
for the Provo City Public Schools, Provo, Utah, to develop, purchase
and implement an English language instructional program for
training and certifying ESL teachers shall be deemed to read as
follows: ‘‘Provo City Public Schools, Provo, Utah, for an English
language instructional program, $300,000’’.
SEC. 307. Notwithstanding any other provision of law, students
from the Republic of the Marshall Islands and the Federated States
of Micronesia enrolled in institutions in the Republic of Palau
shall be eligible for grants under subpart 1 of part A of title
IV of the Higher Education Act of 1965 to the extent such grants
continue to be available to students from the Republic of the Mar-
shall Islands and the Federated States of Micronesia who are
attending institutions in the United States.
This title may be cited as the ‘‘Department of Education Appro-
priations Act, 2005’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington and the Armed Forces Retirement Home—Gulfport,
to be paid from funds available in the Armed Forces Retirement
Home Trust Fund, $61,624,000, of which $4,000,000 shall remain
available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home—Washington
and the Armed Forces Retirement Home—Gulfport.
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
For expenses necessary of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public
Law 92–28, $4,707,000.
Marshall Islands.
Micronesia.
Utah.
Ante, p. 452.
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $356,598,000: Provided,
That none of the funds made available to the Corporation for
National and Community Service in this Act for activities author-
ized by section 122 of part C of title I and part E of title II
of the Domestic Volunteer Service Act of 1973 shall be used to
provide stipends or other monetary incentives to volunteers or
volunteer leaders whose incomes exceed 125 percent of the national
poverty level.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act, for the
fiscal year 2007, $400,000,000: Provided, That no funds made avail-
able to the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms of entertain-
ment for Government officials or employees: Provided further, That
none of the funds contained in this paragraph shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That for fiscal year 2005, in addition to
the amounts provided above, $39,705,000 shall be for costs related
to digital program production, development, and distribution, associ-
ated with the transition of public broadcasting to digital broad-
casting, to be awarded as determined by the Corporation in con-
sultation with public radio and television licensees or permittees,
or their designated representatives: Provided further, That for fiscal
year 2005, in addition to the amounts provided above, $40,000,000
shall be for the costs associated with replacement and upgrade
of the public television interconnection system: Provided further,
That none of the funds made available to the Corporation for
Public Broadcasting by this Act, Public Law 108–199 or Public
Law 108–7, shall be used to support the Television Future Fund
or any similar purpose.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Concilia-
tion Service to carry out the functions vested in it by the Labor
Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183),
including hire of passenger motor vehicles; for expenses necessary
for the Labor-Management Cooperation Act of 1978 (29 U.S.C.
175a); and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act, Public
Law 95–454 (5 U.S.C. ch. 71), $44,797,000, including $1,500,000,
to remain available through September 30, 2006, for activities
authorized by the Labor-Management Cooperation Act of 1978 (29
U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees
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118 STAT. 3153
PUBLIC LAW 108–447—DEC. 8, 2004
charged, up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance, including
those provided to foreign governments and international organiza-
tions, and for arbitration services shall be credited to and merged
with this account, and shall remain available until expended: Pro-
vided further, That fees for arbitration services shall be available
only for education, training, and professional development of the
agency workforce: Provided further, That the Director of the Service
is authorized to accept and use on behalf of the United States
gifts of services and real, personal, or other property in the aid
of any projects or functions within the Director’s jurisdiction.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $7,872,000.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out the Museum and Library Services Act of
1996, $282,827,000, to remain available until expended: Provided,
That of the amount provided, $100,000 shall be awarded to Academy
of Natural Sciences, Philadelphia, Pennsylvania, for exhibits and
programming associated with the Lewis and Clark expedition,
$300,000 shall be awarded to Alaska Native Heritage Museum,
Anchorage, AK in cooperation with the Koahnic Broadcasting Cor-
poration for its Elders Oral History Project, $50,000 shall be
awarded to Alex Haley House and Museum, Henning, TN to pre-
serve collections and improve exhibits, $100,000 shall be awarded
to Allegheny County, Pittsburgh, Pennsylvania, for exhibit design
and development, $100,000 shall be awarded to Allentown Public
Library, Allentown, Pennsylvania, for technological upgrades and
educational programs, $400,000 shall be awarded to AMISTAD
America, Inc., New Haven, Connecticut, for an endowment fund
as authorized under Public Law 108–184, $320,000 shall be awarded
to Amistad Research Center, Tulane University, New Orleans, Lou-
isiana, for faculty research fellowship and student internship pro-
grams, $50,000 shall be awarded to Anniston Museum of Natural
History, Anniston, Alabama, for enhanced classroom curriculum,
$100,000 shall be awarded to Antiquarian & Landmarks Society,
Hartford, Connecticut, for the Nathan Hale Homestead in Coventry,
$100,000 shall be awarded to Arab Community Center for Economic
and Social Services (ACCESS), Dearborn, Michigan, for exhibits
and museum programs, $75,000 shall be awarded to Athenaeum
of Philadelphia, Philadelphia, Pennsylvania, for conservation and
preservation of library materials, $75,000 shall be awarded to
Audubon Pennsylvania, Audubon, Pennsylvania, for exhibits and
nature education programs at the Mill Grove Audubon Center,
$200,000 shall be awarded to Autry National Center, Los Angeles,
California, for exhibits, education programs and outreach at its
Southwest Museum of the American Indian and/or its Museum
of the American West, $200,000 shall be awarded to Baylor Univer-
sity, Waco, Texas, for archival activities, exhibits, and education
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programs for the Mayborn Museum Complex, $500,000 shall be
awarded to Beth Medrash Govoha, Lakewood, New Jersey, for
equipment, exhibits and preservation of collections, $125,000 shall
be awarded to Bibliographical Society of America, New York, New
York, $500,000 shall be awarded to Bishop Museum in Hawaii
for digitization of old Hawaiian language newspapers and other
activities to preserve the culture of Native Hawaiians, $100,000
shall be awarded to Boys and Girls Harbor, New York, New York,
for the preservation and digitalization of Raices Collection, a multi-
media collection documenting the history of Afro-Caribbean Latin
music in America, $75,000 shall be awarded to Brooklyn Academy
of Music, Brooklyn, New York, for preservation and management
of its archives, $50,000 shall be awarded to Business Association
of West Parkside, Philadelphia, Pennsylvania, to exhibit the Negro
Leagues Baseball Memorial, $200,000 shall be awarded to Canton
Museum of Art, Canton, Ohio, to develop and implement the
HeARTland program, $100,000 shall be awarded to Cape Cod Mari-
time Museum, Hyannis, Massachusetts, for the development of
exhibitions and programs, $100,000 shall be awarded to Carnegie
Museums of Pittsburgh, Pittsburgh, Pennsylvania, for preservation
of collections at the Carnegie Museum of Natural History, $25,000
shall be awarded to Catawba County Historical Association,
Newton, North Carolina, $200,000 shall be awarded to Chaldean
Community Culture Center, West Bloomfield, Michigan, for pro-
grams that promote Chaldean language, history, culture and teacher
training, $400,000 shall be awarded to Charles H. Wright Museum
of African American History, Detroit, Michigan, for exhibits, edu-
cation programs, technology and operations, $84,000 shall be
awarded to Cherry Hill Township in New Jersey for improved
library technology, $150,000 shall be awarded to Chicago Historical
Society, Chicago, Illinois, for expansion of the Chicago Historical
Society’s collections and exhibits, $200,000 shall be awarded to
Children’s Museum in Oak Lawn, Oak Lawn, Illinois, for its
‘‘Explore and Soar’’ education program, $100,000 shall be awarded
to City of Henderson, North Carolina, for personnel, equipment
and technology for the H. Leslie Perry Memorial Library, $200,000
shall be awarded to City of Jackson, Mississippi, for the Medger
Wiley Evers Museum for program and exhibit design and develop-
ment, $250,000 shall be awarded to City of Jackson, Tennessee,
to support technology upgrades at the Jackson-Madison County
Public Library, $150,000 shall be awarded to City of Murrieta
Public Library, Murrieta, California, for a Literacy thru Technology
Program, $500,000 shall be awarded to Claude Pepper Center in
Tallahassee, Florida for the digitization of library holdings, $100,000
shall be awarded to College of Physicians of Philadelphia, Philadel-
phia, Pennsylvania, to preserve its medical library and art collec-
tion, $50,000 shall be awarded to Colleton County Memorial
Library, Walterboro, South Carolina, for books and library mate-
rials, $76,000 shall be awarded to Columbus Museum of Art, Colum-
bus, Ohio, to develop, test, and fabricate the exhibition, train
teachers and docents and publicize the project and produce related
educational materials, $72,000 shall be awarded to Contra Costa
County, Martinez, California, for the Contra Costa Reads program,
$300,000 shall be awarded to Currier Museum of Art, Manchester,
New Hampshire for educational programs and community outreach,
$825,000 shall be awarded to Des Moines Arts Center for the
protection of the current collection, $500,000 shall be awarded to
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East Tennessee Historical Society, Knoxville, Tennessee, to expand
and develop exhibits that teach of the culture and history of east
Tennessee, $30,000 shall be awarded to Edison House Museum,
Louisville, Kentucky, for educational programs, $100,000 shall be
awarded to Everhart Museum, Scranton, Pennsylvania, $430,000
shall be awarded to Experience Music Project in Seattle, Wash-
ington, for an Oral History Program, $100,000 shall be awarded
to Fairfax County Public Library, Fairfax, Virginia, for its
Motheread/Fatheread Plus family literacy initiative, $800,000 shall
be awarded to Field Museum, Chicago, Illinois, for establishing
networked computer database for collections management, $100,000
shall be awarded to Fine Arts Museums of San Francisco for the
De Young Museum’s Art Education Program, $275,000 shall be
awarded to Florence Library Learning Center, Los Angeles, Cali-
fornia, for reading and other education programs, $650,000 shall
be awarded to Florida International Museum, St. Petersburg,
Florida, for professional activities, $500,000 shall be awarded to
Folger Library, Washington, D.C., for exhibits, operations, and
public programs including education and outreach, $50,000 shall
be awarded to Frederick Douglass Museum, Washington, D.C., for
an African American cultural outreach center, $75,000 shall be
awarded to Free Library of Philadelphia, Philadelphia, Pennsyl-
vania, for technology and equipment upgrades, $350,000 shall be
awarded to George Washington University, Washington, D.C., for
the Eleanor Roosevelt Papers Project, $12,000 shall be awarded
to Greenburgh Public Library, Tarrytown, New York, for computers
and technology, $50,000 shall be awarded to Greensburg Hempfield
Area Public Library, Greensburg, Pennsylvania, for computers,
$500,000 shall be awarded to Grout Museum, Waterloo, Iowa, for
exhibitions, $200,000 shall be awarded to Harbor Heritage Society,
Cleveland, Ohio, for MAKING WAVES: Vessel-wide interpretive
exhibit planning for the Steamship William G. Mather Maritime
Museum, $250,000 shall be awarded to HealthSpace Cleveland,
Cleveland, Ohio, for exhibits, $75,000 shall be awarded to Hellenic
Cultural Association, Salt Lake City, Utah, for exhibit and program
development at the Hellenic Cultural Museum, $150,000 shall be
awarded to Hendry County, LaBelle, Florida, for books and tech-
nology for Harlem Library, $500,000 shall be awarded to Hesperia
Community Library, Hesperia, California, $75,000 shall be awarded
to Historical Society of Western Pennsylvania, Pittsburgh, Pennsyl-
vania, for exhibit and curriculum development for the Western
Pennsylvania Sports Museum, $75,000 shall be awarded to
HistoryMakers, Chicago, Illinois, to create a digital archive dedi-
cated to preserving the history and accomplishments of African
Americans, $150,000 shall be awarded to Home Port Alliance for
the USS New Jersey for restoration and preservation, $100,000
shall be awarded to Hopkinsville-Christian County Public Library,
Hopkinsville, Kentucky, $250,000 shall be awarded to Hunter Col-
lege, New York, New York, to digitize, preserve and archive collec-
tions of the Center for Puerto Rican Studies and for public access
and dissemination activities, $300,000 shall be awarded to Hunts-
ville Museum of Art, Huntsville, Alabama, for exhibits, technology,
outreach and education programs, $300,000 shall be awarded to
International Museum of Women, San Francisco, California, for
education and teacher professional development programs, $75,000
shall be awarded to Iona College, New York, for technology upgrade
for the Ryan Library, $150,000 shall be awarded to Italian-American
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Cultural Center of Iowa in Des Moines, Iowa, for exhibits, multi-
media collections, display, $72,000 shall be awarded to Jackson
County Library System, Ripley, West Virginia, $415,000 shall be
awarded to James Ford Bell Museum of Natural History, University
of Minnesota, Minneapolis, Minnesota, for exhibits and education
programs, $350,000 shall be awarded to Johnstown Area Heritage
Association, Johnstown, Pennsylvania, for exhibits and education
programs for the Heritage Discovery Center, $25,000 shall be
awarded to Josephine School Community Museum, Berryville, Vir-
ginia, $400,000 shall be awarded to Kansas State University,
Manhattan, Kansas, for the 20th Century Soldier Project, $250,000
shall be awarded to Kidspace Children’s Museum, Pasadena, Cali-
fornia, to develop its Shake Zone Education Exhibit, $100,000 shall
be awarded to Lafayette College, Easton, Pennsylvania, for tech-
nology updates to the David Bishop Skillman Library, $50,000
shall be awarded to Livingston Parish Hungarian Museum, Denham
Springs, Louisiana, $500,000 shall be awarded to Maltz Museum
of Jewish Heritage, Beachwood, Ohio, for a Cradle of Christianity:
Biblical Treasures from the Holy Land traveling exhibition,
$250,000 shall be awarded to MAPS Air Museum, North Canton,
Ohio, to develop educational displays, upkeep of current displays,
library expansion, historical research and operation expenses,
$100,000 shall be awarded to Mauch Chunk Historical Society
of Carbon County, Jim Thorpe, Pennsylvania, $500,000 shall be
awarded to Memphis Zoo, Memphis, Tennessee, to develop exhibits
and support students programs, $400,000 shall be awarded to
Miami Museum of Science & Space Transit Planetarium, Miami,
Florida, for exhibits, outreach, and education programs, $200,000
shall be awarded to Mid-Hudson Children’s Museum, Poughkeepsie,
New York, for a Comprehensive Technology Enrichment Program
to enhance exhibits, $40,000 shall be awarded to Milford Area
Historical Society, Milford, Ohio, for the Promont House Museum,
$450,000 shall be awarded to Milton J. Rubenstein Museum of
Science and Technology, Syracuse, New York, $1,540,000 shall be
awarded to Missouri Historical Society, St. Louis, Missouri, for
the establishment and maintenance of an archive for materials
relating to the Congressional career of the Honorable Richard A.
Gephardt, $260,000 shall be awarded to Mount Vernon Public
Library, Mount Vernon, New York for operations and upgrades,
$100,000 shall be awarded to Mt. San Antonio College, Walnut,
California for equipment, $500,000 shall be awarded to Museum
of Appalachia, Norris, Tennessee, to preserve and restore the collec-
tion of Appalachian pioneer artifacts, $250,000 shall be awarded
to Museum of Aviation Foundation, Warner Robin, Georgia,
$200,000 shall be awarded to Museum of Fine Arts, Boston,
Massachusetts, for the development of exhibitions and programs,
$600,000 shall be awarded to Museum of Flight in Seattle, Wash-
ington, for the American Fighter Aces Archive and Collection,
$250,000 shall be awarded to Museum of Science and Industry,
Chicago, Illinois, for the Science in Your World Program, $500,000
shall be awarded to Museum of Science, Boston, Massachusetts,
for community outreach, exhibit design and development, and edu-
cational programs, $75,000 shall be awarded to National Center
for American Revolution, Wayne, Pennsylvania, for exhibit design
and curriculum development for the Museum of the American
Revolution at Valley Forge National Historic Park, $100,000 shall
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be awarded to National City Public Library, National City, Cali-
fornia, for collections and technology, $950,000 shall be awarded
to National D-Day Museum in New Orleans, Louisiana, to improve
the education, outreach, and exhibition of the museum, $100,000
shall be awarded to National Museum of American Jewish History,
Philadelphia, Pennsylvania, to develop a fully interactive learning
center linked to their web site that will extend the reach of the
Museum, $1,000,000 shall be awarded to National Museum of
Women in the Arts, Washington, D.C., $750,000 shall be awarded
to National Trust for Historic Preservation, Washington, D.C., for
the Farnsworth House Museum in Plano, Illinois, $2,100,000 shall
be awarded to Native American Cultural Center and Museum,
Oklahoma City, Oklahoma, $500,000 shall be awarded to New
York Botanical Garden, Bronx, New York, for the Virtual Her-
barium Project, $1,000,000 shall be awarded to New York Hall
of Science to develop, expand, and display science-related materials,
$90,000 shall be awarded to North Carolina Museum of Art Founda-
tion, Inc., Raleigh, North Carolina, for exhibits and education pro-
grams, $1,000,000 shall be awarded to Omaha Performing Arts
Center in Nebraska for telecommunications systems, $100,000 shall
be awarded to Pennsylvania Hunting & Fishing Museum, Warren,
Pennsylvania, to develop curriculum for conservation education,
$200,000 shall be awarded to Pittsburgh Children’s Museum, Pitts-
burgh, Pennsylvania, to expand arts and after-school programs
for at-risk children, $950,000 shall be awarded to Please Touch
Museum, Philadelphia, Pennsylvania, to develop educational pro-
grams focusing on hands-on learning experiences, $320,000 shall
be awarded to Portland State University, Portland, Oregon, to
enhance library collections and outreach in the area of Middle
Eastern and Judaic Studies, $50,000 shall be awarded to Putnam
County Library, Cookeville, Tennessee, to improve exhibits and
purchase technology upgrades, $100,000 shall be awarded to
Reading Company Technical and Historical Society, Inc., Reading,
Pennsylvania, to expand interpretive activities, $550,000 shall be
awarded to Rochester Museum & Science Center, Rochester, New
York, for expansion of exhibitions, $350,000 shall be awarded to
Rock and Roll Hall of Fame and Museum, Cleveland, Ohio, for
music education programs, $200,000 shall be awarded to Saint
Louis County Economic Council, Saint Louis, Missouri, for Jefferson
Barracks, $100,000 shall be awarded to Sam Davis Memorial
Association, Smyrna, Tennessee, for interpretive exhibits and edu-
cation programs for the Sam Davis Home, $350,000 shall be
awarded to San Bernardino County, San Bernardino, California,
for the San Bernardino County Museum, $300,000 shall be awarded
to Save the Speaker’s House, Inc., Trappe, Pennsylvania, $315,000
shall be awarded to Sci-Quest, The North Alabama Science Center,
Huntsville, Alabama, for science and mathematics education pro-
grams, $175,000 shall be awarded to Serra Cooperative Library
System, San Diego, California, $100,000 shall be awarded to Simon
Wiesenthal Center’s Los Angeles Museum for Tolerance, Los
Angeles, California, for the Tools for Tolerance for Educators pro-
gram to provide teacher training in diversity, tolerance and coopera-
tion, $50,000 shall be awarded to Smithtown Library, Smithtown,
New York, for equipment and technology for its Virtual Worldwide
Neighborhood Website Project, $75,000 shall be awarded to Soldiers
and Sailors National Military Museum and Memorial, Pittsburgh,
Pennsylvania, for education and outreach programs, $125,000 shall
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be awarded to Southwest Missouri State University, Springfield,
Missouri, for digitization of Archives and Rare-book Collections
at the Meyer Library, $250,000 shall be awarded to Stark County
Park District, Canton, Ohio, for exhibits, $1,000,000 shall be
awarded to State Historical Society of Iowa in Des Moines, Iowa,
for the development of exhibits for the World Food Prize, $250,000
shall be awarded to Taft Museum of Art, Cincinnati, Ohio, $600,000
shall be awarded to Tubman African American Museum, Macon,
Georgia, $250,000 shall be awarded to University of Alaska Fair-
banks for the continuation of the Alaska Digital Archives project,
$250,000 shall be awarded to University of Vermont of Burlington,
Vermont, for a digitization project for the preservation of Vermont
cultural heritage materials, $500,000 shall be awarded to Vietnam
Archives Center at Texas Tech University, Lubbock, Texas, for
technology infrastructure, $200,000 shall be awarded to Virginia
Living Museum, Newport News, Virginia, for science education,
$135,000 shall be awarded to Waterloo Center for the Arts,
Waterloo, Iowa, for the Youth Pavillion to provide educational pro-
grams and exhibit design and development, $400,000 shall be
awarded to Western Reserve Historical Society, Cleveland, Ohio,
$25,000 shall be awarded to William McKinley Presidential Library
and Museum, Canton, Ohio, $50,000 shall be awarded to Williams-
burg County Library, Kingstree, South Carolina, for books, library
materials and computers, $250,000 shall be awarded to Winchester
Conservation Museum, Edgefield, South Carolina, $50,000 shall
be awarded to Wisconsin Historical Society, Madison, Wisconsin,
to catalog and microfilm military base papers, $100,000 shall be
awarded to Witte Museum, San Antonio, Texas, for the Water
Works project, $75,000 shall be awarded to Woodmere Art Museum,
Philadelphia, Pennsylvania, for technology upgrades and education
and outreach programs, $500,000 shall be awarded to Woodrow
Wilson Presidential Library, Staunton, Virginia, $100,000 shall be
awarded to World War II Victory Memorial Museum, Auburn,
Indiana, and $75,000 shall be awarded to Zimmer Children’s
Museum, Los Angeles, California, to develop and expand the
youTHink education program.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the Social
Security Act, $9,979,000, to be transferred to this appropriation
from the Federal Hospital Insurance and the Federal Supple-
mentary Medical Insurance Trust Funds.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission on
Libraries and Information Science, established by the Act of July
20, 1970 (Public Law 91–345, as amended), $1,001,000.
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NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973, as
amended, $3,371,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, as amended (29 U.S.C. 141–167), and other
laws, $251,875,000: Provided, That no part of this appropriation
shall be available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings, direc-
tives, or orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5, 1935
(29 U.S.C. 152), and as amended by the Labor-Management Rela-
tions Act, 1947, as amended, and as defined in section 3(f) of
the Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming purposes.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Rail-
way Labor Act, as amended (45 U.S.C. 151–188), including emer-
gency boards appointed by the President, $11,722,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $10,595,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, author-
ized under section 15(d) of the Railroad Retirement Act of 1974,
$108,000,000, which shall include amounts becoming available in
fiscal year 2005 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds $108,000,000: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts
on the first day of each month in the fiscal year.
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FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain avail-
able through September 30, 2006, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $103,370,000, to be derived in such
amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than
$7,254,000, to be derived from the railroad retirement accounts
and railroad unemployment insurance account: Provided, That none
of the funds made available in any other paragraph of this Act
may be transferred to the Office; used to carry out any such transfer;
used to provide any office space, equipment, office supplies, commu-
nications facilities or services, maintenance services, or administra-
tive services for the Office; used to pay any salary, benefit, or
award for any personnel of the Office; used to pay any other
operating expense of the Office; or used to reimburse the Office
for any service provided, or expense incurred, by the Office.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$20,454,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Secu-
rity Act, $28,586,829,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
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118 STAT. 3161
PUBLIC LAW 108–447—DEC. 8, 2004
For making benefit payments under title XVI of the Social
Security 
Act 
for 
the 
first 
quarter 
of 
fiscal 
year 
2006,
$10,930,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $15,000 for official reception
and representation expenses, not more than $8,674,296,000 may
be expended, as authorized by section 201(g)(1) of the Social Secu-
rity Act, from any one or all of the trust funds referred to therein:
Provided, That not less than $2,000,000 shall be for the Social
Security Advisory Board: Provided further, That unobligated bal-
ances of funds provided under this paragraph at the end of fiscal
year 2005 not needed for fiscal year 2005 shall remain available
until expended to invest in the Social Security Administration
information technology and telecommunications hardware and soft-
ware infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further,
That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to section 7131 of title 5, United States
Code, and for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
In addition, $124,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursu-
ant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such section
1616(d) or 212(b)(3) in fiscal year 2005 exceed $124,000,000, the
amounts shall be available in fiscal year 2006 only to the extent
provided in advance in appropriations Acts.
In addition, up to $3,600,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act
(Public Law 108–203), which shall remain available until expended.
From funds previously appropriated for Federal-State Partner-
ships, any unobligated balances at the end of fiscal year 2004
shall be transferred to the Supplemental Security Income Program
and remain available until expended to promote Medicare buy-
in programs targeted to elderly and disabled individuals under
titles XVIII and XIX of the Social Security Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $25,748,000, together with not to exceed
$65,359,000, to be transferred and expended as authorized by sec-
tion 201(g)(1) of the Social Security Act from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
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118 STAT. 3162
PUBLIC LAW 108–447—DEC. 8, 2004
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limita-
tion on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House and Senate.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Serv-
ices, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appro-
priations provided in this Act: Provided, That such transferred
balances are used for the same purpose, and for the same periods
of time, for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to sup-
port or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before
the Congress or any State legislature.
SEC. 504. The Secretaries of Labor and Education are author-
ized to make available not to exceed $28,000 and $20,000, respec-
tively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds avail-
able for ‘‘Salaries and expenses, Federal Mediation and Conciliation
Service’’; and the Chairman of the National Mediation Board is
authorized to make available for official reception and representa-
tion expenses not to exceed $5,000 from funds available for ‘‘Salaries
and expenses, National Mediation Board’’.
SEC. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
SEC. 506. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipi-
ents of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
Notice.
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118 STAT. 3163
PUBLIC LAW 108–447—DEC. 8, 2004
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 507. (a) None of the funds appropriated under this Act,
and none of the funds in any trust fund to which funds are appro-
priated under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 508. (a) The limitations established in the preceding sec-
tion shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a life-
endangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government sub-
jects any institutional or individual health care entity to discrimina-
tion on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
a provider-sponsored organization, a health maintenance organiza-
tion, a health insurance plan, or any other kind of health care
facility, organization, or plan.
SEC. 509. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.208(a)(2) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
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118 STAT. 3164
PUBLIC LAW 108–447—DEC. 8, 2004
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established by section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advan-
tage.
SEC. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such require-
ment was applicable to such entity.
SEC. 512. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing
for, or providing for the assignment of, a unique health identifier
for an individual (except in an individual’s capacity as an employer
or a health care provider), until legislation is enacted specifically
approving the standard.
SEC. 513. 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. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act (20 U.S.C. 9134(f)), as amended by the Children’s
Internet Protections Act, unless such library has made the certifi-
cations required by paragraph (4) of such section.
SEC. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act (20 U.S.C. 6777(a)), as amended by the Children’s
Internet Protections Act and the No Child Left Behind Act, unless
the local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2) of
such section.
SEC. 516. None of the funds appropriated in this Act may
be used to enter into an arrangement under section 7(b)(4) of
the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with
a nongovernmental financial institution to serve as disbursing agent
for benefits payable under the Railroad Retirement Act of 1974.
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118 STAT. 3165
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 517. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2005, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees.
None of the funds made available by this Act may be
reprogrammed unless the Appropriations Committees of both
Houses of Congress are notified 15 days in advance of a reprogram-
ming or announcement of intent to reprogram funds, whichever
occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2005, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) 
augments 
existing 
programs, 
projects 
(including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress are
notified 15 days in advance of a reprogramming or announce-
ment of intent to reprogram funds, whichever occurs earlier.
SEC. 518. Notwithstanding any other provision of law or regula-
tion, the United States Government’s interest in the property at
1818 W. Northern Lights Boulevard in Anchorage, Alaska, with
legal description: T13N R4W Section 25, NE1⁄4 NW1⁄4 Portion W135
E953 N350, Anchorage Recording District shall be conveyed to
Southcentral Foundation for a replacement Head Start facility.
SEC. 519. (a) IN GENERAL.—Amounts made available under
this Act for the administrative and related expenses for depart-
mental management for the Department of Labor, the Department
of Health and Human Services, and the Department of Education
shall be reduced on a pro rata basis by $18,000,000: Provided,
That not later than 15 days after the enactment of this Act, the
Director of the Office of Management and Budget shall report
to the House and Senate Committees on Appropriations the
accounts subject to the pro rata reductions and the amount to
be reduced in each account.
Deadline.
Reports.
Alaska.
Real property.
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118 STAT. 3166
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(b) LIMITATION.—The reduction required by subsection (a) shall
not apply to the Food and Drug Administration and the Indian
Health Service.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appro-
priations Act, 2005’’.
DIVISION G
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005
TITLE I—LEGISLATIVE BRANCH APPROPRIATIONS
SENATE
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate, $40,000;
Majority Whip of the Senate, $10,000; Minority Whip of the Senate,
$10,000; President Pro Tempore emeritus, $15,000; Chairmen of
the Majority and Minority Conference Committees, $5,000 for each
Chairman; and Chairmen of the Majority and Minority Policy
Committees, $5,000 for each Chairman; in all, $195,000.
REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY
LEADERS
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all, $30,000.
SALARIES, OFFICERS AND EMPLOYEES
For compensation of officers, employees, and others as author-
ized by law, including agency contributions, $134,840,000, which
shall be paid from this appropriation without regard to the following
limitations:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $2,108,000.
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $561,000.
OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS
For the Office of the President Pro Tempore emeritus, $163,000.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders, $3,808,000.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips, $2,556,000.
2 USC 60a note.
Legislative
Branch
Appropriations
Act, 2005.
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118 STAT. 3167
PUBLIC LAW 108–447—DEC. 8, 2004
COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations, $13,301,000.
CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,413,000 for each such committee; in
all, $2,826,000.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $702,000.
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,473,000 for each such committee; in all,
$2,946,000.
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $341,000.
OFFICE OF THE SECRETARY
For Office of the Secretary, $19,586,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office of the Sergeant at Arms and Doorkeeper,
$50,635,000.
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the Secretary
for the Minority, $1,528,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as authorized
by law, and related expenses, $33,779,000.
OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $5,152,000.
OFFICE OF SENATE LEGAL COUNSEL
For salaries and expenses of the Office of Senate Legal Counsel,
$1,265,000.
EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SER-
GEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRE-
TARIES FOR THE MAJORITY AND MINORITY OF THE SENATE
For expense allowances of the Secretary of the Senate, $6,000;
Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary
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118 STAT. 3168
PUBLIC LAW 108–447—DEC. 8, 2004
for the Majority of the Senate, $6,000; Secretary for the Minority
of the Senate, $6,000; in all, $24,000.
CONTINGENT EXPENSES OF THE SENATE
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the
Senate, or conducted under section 134(a) of the Legislative Reorga-
nization Act of 1946 (Public Law 97–601), section 112 of the Supple-
mental Appropriations and Rescission Act, 1980 (Public Law 96–
304), and Senate Resolution 281, 96th Congress, agreed to March
11, 1980, $110,000,000.
EXPENSES OF THE UNITED STATES SENATE CAUCUS ON
INTERNATIONAL NARCOTICS CONTROL
For expenses of the United States Senate Caucus on Inter-
national Narcotics Control, $520,000.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate,
$1,700,000.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and Door-
keeper of the Senate, $127,182,000, of which $20,045,000 shall
remain available until September 30, 2007, and of which $4,255,000
shall remain available until September 30, 2009.
MISCELLANEOUS ITEMS
For miscellaneous items, $18,326,000, of which up to $500,000
shall be made available for a pilot program for mailings of postal
patron postcards by Senators for the purpose of providing notice
of a town meeting by a Senator in a county (or equivalent unit
of local government) at which the Senator will personally attend:
Provided, That any amount allocated to a Senator for such mailing
shall not exceed 50 percent of the cost of the mailing and the
remaining cost shall be paid by the Senator from other funds
available to the Senator.
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
For Senators’ Official Personnel and Office Expense Account,
$326,533,000.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the Senate,
$300,000.
ADMINISTRATIVE PROVISIONS
SEC. 1. GROSS RATE OF COMPENSATION IN OFFICES OF SEN-
ATORS. Effective on and after October 1, 2004, each of the dollar
amounts contained in the table under section 105(d)(1)(A) of the
Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61–1(d)(1)(A))
shall be deemed to be the dollar amounts in that table, as adjusted
2 USC 61–1 note.
2 USC 61–1.
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118 STAT. 3169
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by law and in effect on September 30, 2004, increased by an
additional $50,000 each.
SEC. 2. CONSULTANTS. With respect to fiscal year 2005, the
first sentence of section 101(a) of the Supplemental Appropriations
Act, 1977 (2 U.S.C. 61h–6(a)) shall be applied by substituting ‘‘nine
individual consultants’’ for ‘‘eight individual consultants’’.
SEC. 3. UNITED STATES SENATE COLLECTION. Section 316 of
Public Law 101–302 (2 U.S.C. 2107) is amended in the first sentence
of subsection (a) by striking ‘‘2004’’ and inserting ‘‘2005’’.
SEC. 4. PRESIDENT PRO TEMPORE EMERITUS OF THE SENATE.
Section 7(e) of the Legislative Branch Appropriations Act, 2003
(2 U.S.C. 32b note) is amended by inserting ‘‘and the 109th Con-
gress’’ after ‘‘108th Congress’’.
SEC. 5. TRANSFER OF FUNDS FROM APPROPRIATIONS ACCOUNT
OF THE OFFICE OF THE VICE PRESIDENT AND THE OFFICES OF THE
SECRETARIES FOR THE MAJORITY AND MINORITY TO THE SENATE
CONTINGENT FUND. (a) OFFICE OF THE VICE PRESIDENT.—
(1) IN GENERAL.—Upon the written request of the Vice
President, the Secretary of the Senate shall transfer from the
appropriations account appropriated under the subheading
‘‘OFFICE OF THE VICE PRESIDENT’’ under the heading ‘‘SALARIES,
OFFICERS AND EMPLOYEES’’ such amount as the Vice President
shall specify to the appropriations account under the heading
‘‘MISCELLANEOUS
ITEMS’’ within the contingent fund of the
Senate.
(2) AUTHORITY TO INCUR EXPENSES.—The Vice President
may incur such expenses as may be necessary or appropriate.
Expenses incurred by the Vice President shall be paid from
the amount transferred under paragraph (1) by the Vice Presi-
dent and upon vouchers approved by the Vice President.
(3) AUTHORITY TO ADVANCE SUMS.—The Secretary of the
Senate may advance such sums as may be necessary to defray
expenses incurred in carrying out paragraphs (1) and (2).
(b) OFFICES
OF
THE SECRETARIES
FOR
THE MAJORITY
AND
MINORITY.—
(1) IN GENERAL.—Upon the written request of the Secretary
for the Majority or the Secretary for the Minority, the Secretary
of the Senate shall transfer from the appropriations account
appropriated under the subheading ‘‘OFFICES OF THE SECRE-
TARIES FOR THE MAJORITY AND MINORITY’’ under the heading
‘‘SALARIES, OFFICERS
AND EMPLOYEES’’ such amount as the
Secretary for the Majority or the Secretary for the Minority
shall specify to the appropriations account under the heading
‘‘MISCELLANEOUS
ITEMS’’ within the contingent fund of the
Senate.
(2) AUTHORITY TO INCUR EXPENSES.—The Secretary for the
Majority or the Secretary for the Minority may incur such
expenses as may be necessary or appropriate. Expenses
incurred by the Secretary for the Majority or the Secretary
for the Minority shall be paid from the amount transferred
under paragraph (1) by the Secretary for the Majority or the
Secretary for the Minority and upon vouchers approved by
the Secretary for the Majority or the Secretary for the Minority,
as applicable.
(3) AUTHORITY TO ADVANCE SUMS.—The Secretary of the
Senate may advance such sums as may be necessary to defray
expenses incurred in carrying out paragraphs (1) and (2).
2 USC 31a–2d.
2 USC 61h–6
note.
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PUBLIC LAW 108–447—DEC. 8, 2004
(c) EFFECTIVE DATE.—This section shall apply to fiscal year
2005 and each fiscal year thereafter.
SEC. 6. ACTIVITIES RELATING
TO FOREIGN PARLIAMENTARY
GROUPS AND FOREIGN OFFICIALS. Section 2(c) of chapter VIII of
title I of the Supplemental Appropriations Act, 1987 (2 U.S.C.
65f(c)) is amended in the first sentence by striking ‘‘with the
approval of’’ and inserting ‘‘and upon notification to’’.
SEC. 7. TRANSPORTATION OF OFFICIAL RECORDS AND PAPERS
TO A SENATOR’S STATE. (a) PAYMENT OF REASONABLE TRANSPOR-
TATION EXPENSES.—Upon request of a Senator, amounts in the
appropriation account ‘‘Miscellaneous Items’’ within the contingent
fund of the Senate shall be available to pay the reasonable expenses
of sending or transporting the official records and papers of the
Senator from the District of Columbia to any location designated
by such Senator in the State represented by the Senator.
(b) SENDING AND TRANSPORTATION.—The Sergeant at Arms and
Doorkeeper of the Senate shall provide for the most economical
means of sending or transporting the official records and papers
under this section while ensuring the orderly and timely delivery
of the records and papers to the location specified by the Senator.
(c) OVERSIGHT.—The Committee on Rules and Administration
shall have the authority to issue rules and regulations to carry
out the provisions of this section.
(d) OFFICIAL RECORDS DEFINED.—In this section, the term ‘‘offi-
cial records and papers’’ means books, records, papers, and official
files which could be sent as franked mail.
(e) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2005 and each succeeding fiscal year.
SEC. 8. COMPENSATION FOR LOST OR DAMAGED PROPERTY. (a)
IN GENERAL.—Any amounts received by the Sergeant at Arms
and Doorkeeper of the Senate (in this section referred to as the
‘‘Sergeant at Arms’’) for compensation for damage to, loss of, or
loss of use of property of the Sergeant at Arms that was procured
using amounts available to the Sergeant at Arms in the account
for Contingent Expenses, Sergeant at Arms and Doorkeeper of
the Senate, shall be credited to that account or, if applicable,
to any subaccount of that account.
(b) AVAILABILITY.—Amounts credited to any account or sub-
account under subsection (a) shall be merged with amounts in
that account or subaccount and shall be available to the same
extent, and subject to the same terms and conditions, as amounts
in that account or subaccount.
(c) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2005 and each fiscal year thereafter.
SEC. 9. AGE REQUIREMENT FOR SENATE PAGES. Section 491(b)(1)
of the Legislative Reorganization Act of 1970 (2 U.S.C. 88b–1(b)(1))
is amended by striking ‘‘fourteen’’ and inserting ‘‘sixteen’’.
SEC. 10. TREATMENT OF ELECTRONIC SERVICES PROVIDED BY
SERGEANT AT ARMS. The Office of the Sergeant at Arms and Door-
keeper of the United States Senate, and any officer, employee,
or agent of the Office, shall not be treated as acquiring possession,
custody, or control of any electronic mail or other electronic commu-
nication, data, or information by reason of its being transmitted,
processed, or stored (whether temporarily or otherwise) through
the use of an electronic system established, maintained, or operated,
or the use of electronic services provided, in whole or in part
by the Office.
2 USC 88b–1.
2 USC 117d–1.
2 USC 59d–1.
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SEC. 11. MODIFICATION
OF APPLICATION
OF SECTION 47 OF
THE REVISED STATUTES. Section 47 of the Revised Statutes of the
United States (2 U.S.C. 48) is amended by striking ‘‘of Senators
shall be certified by the President of the Senate, and those of
Representatives and Delegates’’ and inserting ‘‘of Representatives
and Delegates shall be certified’’.
SEC. 12. OVERSEAS TRAVEL. (a) DEFINITION.—In this section,
the term ‘‘United States’’ means each of the several States of
the United States, the District of Columbia, and the territories
and possessions of the United States.
(b) IN GENERAL.—A member of the Capitol Police may travel
outside of the United States if—
(1) that travel is with, or in preparation for, travel of
a Senator, including travel of a Senator as part of a congres-
sional delegation;
(2) the member of the Capitol Police is performing security
advisory and liaison functions (including advance security liai-
son preparations) relating to the travel of that Senator; and
(3) the Sergeant at Arms and Doorkeeper of the Senate
gives prior approval to the travel of the member of the Capitol
Police.
(c) LAW ENFORCEMENT FUNCTIONS.—Subsection (b) shall not
be construed to authorize the performance of law enforcement func-
tions by a member of the Capitol Police in connection with the
travel authorized under that subsection.
(d) REIMBURSEMENT.—The Capitol Police shall be reimbursed
for the overtime pay, travel, and related expenses of any member
of the Capitol Police who travels under the authority of this section.
Any reimbursement under this subsection shall be paid from the
account under the heading ‘‘SERGEANT AT ARMS AND DOORKEEPER
OF THE SENATE’’ under the heading ‘‘CONTINGENT EXPENSES OF
THE SENATE’’.
(e) AMOUNTS RECEIVED.—Any amounts received by the Capitol
Police for reimbursements under subsection (d) shall be credited
to the accounts established for the general expenses or salaries
of the Capitol Police, and shall be available to carry out the purposes
of such accounts during the fiscal year in which the amounts
are received and the following fiscal year.
(f) EFFECTIVE DATE.—This section shall apply to fiscal year
2005 and each fiscal year thereafter.
SEC. 13. EXPENSE ALLOWANCES. (a) IN GENERAL.—The matter
under the subheading ‘‘EXPENSE ALLOWANCES OF THE VICE PRESI-
DENT, PRESIDENT PRO TEMPORE, MAJORITY AND MINORITY LEADERS
AND MAJORITY AND MINORITY WHIPS’’ under the heading ‘‘LEGISLA-
TIVE BRANCH’’ under chapter VI of title I of the Second Supple-
mental Appropriations Act, 1978 (Public Law 95–355; 92 Stat. 532)
is amended—
(1) in the second sentence (2 U.S.C. 31a–1) (relating to
the Majority and Minority Leaders of the Senate) by striking
‘‘$20,000’’ and inserting ‘‘$40,000’’; and
(2) in the third sentence (2 U.S.C. 32b) (relating to the
President pro tempore) by striking ‘‘$20,000’’ and inserting
‘‘$40,000’’.
(b) PRESIDENT PRO TEMPORE EMERITUS.—Section 7(d) of the
Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note)
is amended in the first sentence (relating to the President pro
tempore emeritus) by striking ‘‘$7,500’’ and inserting ‘‘$15,000’’.
2 USC 1975.
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PUBLIC LAW 108–447—DEC. 8, 2004
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to fiscal year 2005 and each fiscal year thereafter.
HOUSE OF REPRESENTATIVES
SALARIES AND EXPENSES
For salaries and expenses of the House of Representatives,
$1,048,581,000, as follows:
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $18,678,000,
including: Office of the Speaker, $2,708,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,027,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $2,840,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,741,000, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $1,303,000, including $5,000 for official expenses
of the Minority Whip; Speaker’s Office for Legislative Floor Activi-
ties, $470,000; Republican Steering Committee, $881,000; Repub-
lican Conference, $1,500,000; Democratic Steering and Policy Com-
mittee, $1,589,000; Democratic Caucus, $792,000; nine minority
employees, $1,409,000; training and program development—
majority, $290,000; training and program development—minority,
$290,000; Cloakroom Personnel—majority, $419,000; and Cloak-
room Personnel—minority, $419,000.
MEMBERS’ REPRESENTATIONAL ALLOWANCES
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF
MEMBERS, AND OFFICIAL MAIL
For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $521,195,000.
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL AND SELECT
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $114,299,000: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2006.
COMMITTEE ON APPROPRIATIONS
For salaries and expenses of the Committee on Appropriations,
$24,926,000, including studies and examinations of executive agen-
cies and temporary personal services for such committee, to be
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount
shall remain available for such salaries and expenses until
December 31, 2006.
2 USC 31a–1
note.
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118 STAT. 3173
PUBLIC LAW 108–447—DEC. 8, 2004
SALARIES, OFFICERS AND EMPLOYEES
For compensation and expenses of officers and employees, as
authorized by law, $160,133,000, including: for salaries and
expenses of the Office of the Clerk, including not more than $13,000,
of which not more than $10,000 is for the Family Room, for official
representation and reception expenses, $20,534,000; for salaries
and expenses of the Office of the Sergeant at Arms, including
the position of Superintendent of Garages, and including not more
than $3,000 for official representation and reception expenses,
$5,879,000; for salaries and expenses of the Office of the Chief
Administrative Officer, $116,034,000, of which $7,500,000 shall
remain available until expended; for salaries and expenses of the
Office of the Inspector General, $3,986,000; for salaries and
expenses of the Office of Emergency Planning, Preparedness and
Operations, $1,000,000, to remain available until expended; for
salaries and expenses of the Office of General Counsel, $962,000;
for the Office of the Chaplain, $155,000; for salaries and expenses
of the Office of the Parliamentarian, including the Parliamentarian
and $2,000 for preparing the Digest of Rules, $1,673,000; for salaries
and expenses of the Office of the Law Revision Counsel of the
House, $2,346,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $6,721,000; for salaries and
expenses of the Office of Interparliamentary Affairs, $687,000; and
for other authorized employees, $156,000.
ALLOWANCES AND EXPENSES
For allowances and expenses as authorized by House resolution
or law, $209,350,000, including: supplies, materials, administrative
costs and Federal tort claims, $4,350,000; official mail for commit-
tees, leadership offices, and administrative offices of the House,
$410,000; Government contributions for health, retirement, Social
Security, and other applicable employee benefits, $203,900,000; and
miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the
House, $690,000.
CHILD CARE CENTER
For salaries and expenses of the House of Representatives
Child Care Center, such amounts as are deposited in the account
established by section 312(d)(1) of the Legislative Branch Appropria-
tions Act, 1992 (2 U.S.C. 2112), subject to the level specified in
the budget of the Center, as submitted to the Committee on Appro-
priations of the House of Representatives.
ADMINISTRATIVE PROVISIONS
SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’
REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUC-
TION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any
other provision of law, any amounts appropriated under this Act
for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—
MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only
for fiscal year 2005. Any amount remaining after all payments
are made under such allowances for fiscal year 2005 shall be
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118 STAT. 3174
PUBLIC LAW 108–447—DEC. 8, 2004
deposited in the Treasury and used for deficit reduction (or, if
there is no Federal budget deficit after all such payments have
been made, for reducing the Federal debt, in such manner as
the Secretary of the Treasury considers appropriate).
(b) REGULATIONS.—The Committee on House Administration
of the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) DEFINITION.—As used in this section, the term ‘‘Member
of the House of Representatives’’ means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
SEC. 102. NET EXPENSES OF TELECOMMUNICATIONS REVOLVING
FUND. (a) There is hereby established in the Treasury of the United
States a revolving fund for the House of Representatives to be
known as the Net Expenses of Telecommunications Revolving Fund
(hereafter in this section referred to as the ‘‘Revolving Fund’’),
consisting of funds deposited by the Chief Administrative Officer
of the House of Representatives from amounts provided by legisla-
tive branch offices to purchase, lease, obtain, and maintain the
data and voice telecommunications services and equipment located
in such offices.
(b) Amounts in the Revolving Fund shall be used by the Chief
Administrative Officer without fiscal year limitation to purchase,
lease, obtain, and maintain the data and voice telecommunications
services and equipment of legislative branch offices.
(c) The Revolving Fund shall be treated as a category of allow-
ances and expenses for purposes of section 101(a) of the Legislative
Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)).
(d) Section 306 of the Legislative Branch Appropriations Act,
1989 (2 U.S.C. 117f) is amended—
(1) by striking subsection (b) and redesignating subsection
(c) as subsection (b); and
(2) in subsection (b) (as so redesignated), by striking ‘‘sub-
sections (a) and (b)’’ and inserting ‘‘subsection (a)’’.
(e) Section 102 of the Legislative Branch Appropriations Act,
2003 (2 U.S.C. 112g) is amended by adding at the end the following
new subsection:
‘‘(e) This section shall not apply with respect to any tele-
communications equipment which is subject to coverage under sec-
tion 103 of the Legislative Branch Appropriations Act, 2005 (relating
to the Net Expenses of Telecommunications Revolving Fund).’’.
(f) This section and the amendments made by this section
shall apply with respect to fiscal year 2005 and each succeeding
fiscal year, except that for purposes of making deposits into the
Revolving Fund under subsection (a), the Chief Administrative
Officer may deposit amounts provided by legislative branch offices
during fiscal year 2004 or any succeeding fiscal year.
SEC. 103. CONTRACT FOR EXERCISE FACILITY. (a) IN GENERAL.—
The Chief Administrative Officer of the House of Representatives
shall enter into a contract on a competitive basis with a private
entity for the management, operation, and maintenance of the
exercise facility established for the use of employees of the House
of Representatives which is constructed with funds made available
under this Act.
(b) USE OF FEES TO SUPPORT CONTRACT.—Any amounts paid
as fees for the use of the exercise facility described in subsection
(a) shall be used to cover costs incurred by the Chief Administrative
Officer under the contract entered into under this section or to
2 USC 112h.
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118 STAT. 3175
PUBLIC LAW 108–447—DEC. 8, 2004
otherwise support the management, operation, and maintenance
of the facility, and shall remain available until expended.
SEC. 104. SENSE OF THE HOUSE. It is the sense of the House
of Representatives that Members of the House who use vehicles
in traveling for official and representational purposes, including
Members who lease vehicles for which the lease payments are
made using funds provided under the Members’ Representational
Allowance, are encouraged to use hybrid electric and alternatively
fueled vehicles whenever possible, as the use of these vehicles
will help to move our Nation toward the use of a hydrogen fuel
cell vehicle and reduce our dependence on oil.
SEC. 105. (a) ESTABLISHMENT OF HOUSE SERVICES REVOLVING
FUND.—There is hereby established in the Treasury of the United
States a revolving fund for the House of Representatives to be
known as the ‘‘House Services Revolving Fund’’ (hereafter in this
section referred to as the ‘‘Revolving Fund’’), consisting of funds
deposited by the Chief Administrative Officer of the House of Rep-
resentatives from all amounts received by the House of Representa-
tives with respect to the following activities:
(1) The operation of the House Barber Shop.
(2) The operation of the House Beauty Shop.
(3) The operation of the House Restaurant System
(including vending operations).
(4) The provision of mail services to entities which are
not part of the House of Representatives.
(b) USE
OF AMOUNTS
IN FUND.—Amounts in the Revolving
Funds shall be used for any purpose designated by the Chief
Administrative Officer which is approved by the Committee on
Appropriations of the House of Representatives.
(c) TRANSFER AUTHORITY.—The Revolving Fund shall be treated
as a category of allowances and expenses for purposes of section
101(a) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C.
95b(a)).
(d) TERMINATION
AND TRANSFER
OF EXISTING FUNDS
AND
ACCOUNTS.—
(1) IN GENERAL.—Each fund and account specified in para-
graph (2) is hereby terminated, and the balance of each such
fund and account is hereby transferred to the Revolving Fund.
(2) FUNDS
AND
ACCOUNTS
SPECIFIED.—The funds and
accounts referred to in paragraph (1) are as follows:
(A) The revolving fund for the House Barber Shop,
established by the paragraph under the heading ‘‘HOUSE
BARBER SHOPS REVOLVING FUND’’ in the matter
relating to the House of Representatives in chapter III
of title I of the Supplemental Appropriations Act, 1975
(Public Law 93–554; 88 Stat. 1776).
(B) The revolving funds for the House Beauty Shop,
established by the matter under the heading ‘‘HOUSE
BEAUTY
SHOP’’ in the matter relating to administrative
provisions for the House of Representatives in the Legisla-
tive Branch Appropriations Act, 1970 (Public Law 91–145;
83 Stat. 347).
(C) The special deposit account established for the
House of Representatives Restaurant by section 208 of
the First Supplemental Civil Functions Appropriation Act,
1941 (2 U.S.C. 2041 note), or any successor fund or account
2 USC 117m.
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118 STAT. 3176
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established for the receipt of revenues of the House Res-
taurant System.
(e) EFFECTIVE DATE.—This section shall take effect October
1, 2004, and shall apply with respect to fiscal year 2005 and
each succeeding fiscal year.
SEC. 106. (a) If the Clerk of the House of Representatives
is required under any law, rule, or regulation to make available
for public inspection a report, statement, or other document filed
with the Office of the Clerk, the Clerk shall preserve the report,
statement, or document—
(1) for a period of 6 years from the date on which the
document is filed; or
(2) if the law, rule, or regulation so provides, the period
required under such law, rule, or regulation.
(b) Subsection (a) shall apply with respect to reports, state-
ments, and documents filed before, on, or after the date of the
enactment of this Act.
SEC. 107. (a) PERMITTING ORGANIZATIONAL CAUCUSES AND CON-
FERENCES TO BE HELD AT ANY TIME.—Section 202(a)(1) of House
Resolution 988, Ninety-third Congress, agreed to on October 8,
1974, and enacted into permanent law by chapter III of title I
of the Supplemental Appropriations Act, 1975 (2 U.S.C. 29a(a)(1)),
is amended by striking ‘‘conference, to begin on or after’’ all that
follows through ‘‘to be attended by all’’ and inserting ‘‘conference
of all’’.
(b) PERIOD OF AVAILABILITY OF PER DIEM.—
(1) MEMBERS.—Section 202(b)(1)(B) of House Resolution
988, Ninety-third Congress, agreed to on October 8, 1974, and
enacted into permanent law by chapter III of title I of the
Supplemental Appropriations Act, 1975 (2 U.S.C. 29a(b)(1)(B)),
is amended by striking ‘‘for a period’’ and all that follows
and inserting a period.
(2) STAFF.—Section 1(b) of House Resolution 10, Ninety-
fourth Congress, agreed to on January 14, 1975, and enacted
into permanent law by section 201 of the Legislative Branch
Appropriations Act, 1976 (2 U.S.C. 43b–2(b)), is amended by
striking ‘‘for a period’’ and all that follows and inserting a
period.
(c) APPLICABILITY
OF PROVISIONS
TO ORIENTATION SESSIONS
FOR NEW MEMBERS.—
(1) MEMBERS.—Section 202 of House Resolution 988,
Ninety-third Congress, agreed to on October 8, 1974, and
enacted into permanent law by chapter III of title I of the
Supplemental Appropriations Act, 1975 (2 U.S.C. 29a), is
amended by adding at the end the following new subsection:
‘‘(d) With the approval of the majority leader (in the case
of a Member or Member-elect of the majority party) or the minority
leader (in the case of a Member or Member-elect of the minority
party), subsections (b) and (c) shall apply with respect to the attend-
ance of a Member or Member-elect at a program conducted by
the Committee on House Administration for the orientation of new
members in the same manner as such provisions apply to the
attendance of the Member or Member-elect at the organizational
caucus or conference.’’.
(2) STAFF.—Section 1 of House Resolution 10, Ninety-fourth
Congress, agreed to on January 14, 1975, and enacted into
Applicability.
Records.
2 USC 104c.
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118 STAT. 3177
PUBLIC LAW 108–447—DEC. 8, 2004
permanent law by section 201 of the Legislative Branch Appro-
priations Act, 1976 (2 U.S.C. 43b–2), is amended by adding
at the end the following new subsection:
‘‘(c) With the approval of the majority leader (in the case
of a Member or Member-elect of the majority party) or the minority
leader (in the case of a Member or Member-elect of the minority
party), subsections (a) and (b) shall apply with respect to the
attendance of a Member or Member-elect at a program conducted
by the Committee on House Administration for the orientation
of new members in the same manner as such provisions apply
to the attendance of the Member or Member-elect at the organiza-
tional caucus or conference.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to the One Hundred Tenth Congress and
each succeeding Congress.
SEC. 108. (a) Subject to the approval of the Committee on
House Administration, the Chief Administrative Officer of the
House of Representatives shall implement regulations under which
the Chief Administrative Officer shall be authorized to handle any
mail matter delivered by the United States Postal Service or any
other carrier to the House of Representatives, or to any other
entity with whom the Chief Administrative Officer has entered
into an agreement to receive mail matter delivered to the entity,
in such manner as the Chief Administrative Officer deems necessary
to ensure the safety of any individuals who may come into contact
with, or otherwise be exposed to, such mail matter.
(b) No action taken under the regulations implemented pursu-
ant to this section may serve as a basis for civil or criminal liability
of any individual or entity.
(c) As used in this section, the term ‘‘handle’’ includes but
is not limited to collecting, isolating, testing, opening, disposing,
and destroying.
(d) This section shall apply with respect to fiscal year 2004
and each succeeding fiscal year.
SEC. 109. (a) There is established in the House of Representa-
tives an office to be known as the Republican Policy Committee,
which shall have such responsibilities as may be assigned by the
chair of the Republican Conference.
(b) There shall be a lump sum allowance for the salaries and
expenses of the Republican Policy Committee, which shall be treated
as a category of House leadership offices for purposes of section
101(c) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C.
95b(c)).
(c) This section shall apply with respect to fiscal year 2005
and each succeeding fiscal year.
SEC. 110. The first sentence of section 5 of House Resolution
1238, Ninety-first Congress, agreed to December 22, 1970 (as
enacted into permanent law by chapter VIII of the supplemental
Appropriations Act, 1971) (2 U.S.C. 31b–5), is amended—
(1) by striking ‘‘step 5 of level 11’’ and inserting ‘‘step
11 of level 13’’; and
(2) by striking ‘‘step 9 of level 8’’ and inserting ‘‘step 8
of level 12’’.
JOINT ITEMS
For Joint Committees, as follows:
Applicability.
Establishment.
2 USC 74a–13.
Applicability.
Regulations.
2 USC 117j–1.
2 USC 29a note.
Applicability.
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JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Committee,
$4,139,000, to be disbursed by the Secretary of the Senate.
JOINT COMMITTEE ON TAXATION
For salaries and expenses of the Joint Committee on Taxation,
$8,433,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
For other joint items, as follows:
OFFICE OF THE ATTENDING PHYSICIAN
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month to the
Attending Physician; (2) an allowance of $725 per month each
to four medical officers while on duty in the Office of the Attending
Physician; (3) an allowance of $725 per month to two assistants
and $580 per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and (4) $1,680,000 for
reimbursement to the Department of the Navy for expenses incurred
for staff and equipment assigned to the Office of the Attending
Physician, which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries, allow-
ances, and other expenses are payable and shall be available for
all the purposes thereof, $2,528,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE
For salaries and expenses of the Capitol Guide Service and
Special Services Office, $3,844,000, to be disbursed by the Secretary
of the Senate: Provided, That no part of such amount may be
used to employ more than 58 individuals: Provided further, That
the Capitol Guide Board is authorized, during emergencies, to
employ not more than two additional individuals for not more
than 120 days each, and not more than 10 additional individuals
for not more than 6 months each, for the Capitol Guide Service.
STATEMENTS OF APPROPRIATIONS
For the preparation, under the direction of the Committees
on Appropriations of the Senate and the House of Representatives,
of the statements for the second session of the 108th Congress,
showing appropriations made, indefinite appropriations, and con-
tracts authorized, together with a chronological history of the reg-
ular appropriations bills as required by law, $30,000, to be paid
to the persons designated by the chairmen of such committees
to supervise the work.
CAPITOL POLICE
SALARIES
For salaries of employees of the Capitol Police, including over-
time, hazardous duty pay differential, and Government contribu-
tions for health, retirement, social security, professional liability
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PUBLIC LAW 108–447—DEC. 8, 2004
insurance, and other applicable employee benefits, $203,440,000,
to be disbursed by the Chief of the Capitol Police or his designee.
GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$28,888,000, to be disbursed by the Chief of the Capitol Police
or his designee: Provided, That, notwithstanding any other provision
of law, the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Center for fiscal year 2005
shall be paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 1001. TRANSFER AUTHORITY. Amounts appropriated for
fiscal year 2005 for the Capitol Police may be transferred between
the headings ‘‘SALARIES’’ and ‘‘GENERAL
EXPENSES’’ upon the
approval of the Committees on Appropriations of the Senate and
the House of Representatives.
SEC. 1002. LIMITATION ON CERTAIN HIRING AUTHORITY OF CAP-
ITOL POLICE. Section 1006(b) of the Legislative Branch Appropria-
tions Act, 2004 (Public Law 108–83; 117 Stat. 1023) is amended—
(1) in paragraph (3)—
(A) in subparagraph (B), by inserting at the end ‘‘The
Chief of Police may hire individuals under this subsection
who are not submitted for selection under this subpara-
graph. All hirings under this subparagraph shall comply
with the limitations under this paragraph for any fiscal
year.’’; and
(B) in subparagraph (C), by striking ‘‘(C) LIMITATION.—
’’ and inserting ‘‘(C) LIMITATION FOR FISCAL YEAR 2004.—
’’; and
(C) by adding at the end the following:
‘‘(D) LIMITATION FOR FISCAL YEAR 2005.—During fiscal
year 2005, the number of individuals hired under this
subsection may not exceed—
‘‘(i) the number of Library of Congress Police
employees who separated from service or transferred
to a position other than a Library of Congress Police
employee position during fiscal year 2004 for whom
a corresponding hire was not made under this sub-
section; and
‘‘(ii) the number of Library of Congress Police
employees who separate from service or transfer to
a position other than a Library of Congress Police
employee position during fiscal year 2005.’’; and
2 USC 1901 note.
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(2) in paragraph (4), by striking the first sentence and
inserting ‘‘Notwithstanding subsection (a)(1)(C), the Chief of
the Capitol Police may detail an individual hired under this
subsection to the Library of Congress Police on a nonreimburs-
able basis. Any individual detailed under this subsection shall
receive necessary training, including training by the Library
of Congress Police.’’.
SEC. 1003. AUTHORIZATION OF WEAPONS. Section 1824 of the
Revised Statutes (2 U.S.C. 1941) is amended—
(1) in the first sentence—
(A) by striking ‘‘The Sergeant at Arms of the Senate
and the Sergeant at Arms of the House of Representatives’’
and inserting ‘‘The Capitol Police Board’’; and
(B) by striking all beginning with ‘‘payable out’’
through the period and inserting ‘‘payable from appropria-
tions to the Capitol Police upon certification of payment
by the Chief of the Capitol Police.’’; and
(2) in the second sentence—
(A) by inserting ‘‘or other arms as authorized by the
Capitol Police Board’’ after ‘‘furnished’’; and
(B) by striking ‘‘the Sergeant at Arms of the Senate
and the Sergeant at Arms of the House of Representatives’’
and inserting ‘‘the Capitol Police Board’’.
SEC. 1004. SOLE AND EXCLUSIVE AUTHORITY OF BOARD AND
CHIEF TO DETERMINE RATES OF PAY. (a) IN GENERAL.—The Capitol
Police Board and the Chief of the Capitol Police shall have the
sole and exclusive authority to determine the rates and amounts
for each of the following for members of the Capitol Police:
(1) The rate of basic pay (including the rate of basic pay
upon appointment), premium pay, specialty assignment and
proficiency pay, and merit pay.
(2) The rate of cost-of-living adjustments, comparability
adjustments, and locality adjustments.
(3) The amount for recruitment and relocation bonuses.
(4) The amount for retention allowances.
(5) The amount for educational assistance payments.
(b) NO REVIEW OR APPEAL PERMITTED.—The determination of
a rate or amount described in subsection (a) may not be subject
to review or appeal in any manner.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to affect—
(1) any authority provided under law for a committee of
the House of Representatives or Senate, or any other entity
of the legislative branch, to review or approve any determina-
tion of a rate or amount described in subsection (a);
(2) any rate or amount described in subsection (a) which
is established under law; or
(3) the terms of any collective bargaining agreement.
(d) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2005 and each succeeding fiscal year.
SEC. 1005. ACCEPTANCE
OF DONATIONS
OF ANIMALS. (a) IN
GENERAL.—The Capitol Police may accept the donation of animals
to be used in the canine units of the Capitol Police.
(b) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2005 and each fiscal year thereafter.
SEC. 1006. SETTLEMENT AND PAYMENT OF TORT CLAIMS. (a)
FEDERAL TORT CLAIMS ACT.—
2 USC 1977.
2 USC 1976.
2 USC 1921a.
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118 STAT. 3181
PUBLIC LAW 108–447—DEC. 8, 2004
(1) IN GENERAL.—Except as provided in paragraph (2), the
Chief of the Capitol Police, in accordance with regulations
prescribed by the Attorney General and any regulations as
the Capitol Police Board may prescribe, may consider, ascertain,
determine, compromise, adjust, and settle, in accordance with
the provisions of chapter 171 of title 28, United States Code,
any claim for money damages against the United States for
injury or loss of property or personal injury or death caused
by the negligent or wrongful act or omission of any employee
of the Capitol Police while acting within the scope of his office
or employment, under circumstances where the United States,
if a private person, would be liable to the claimant in accordance
with the law of the place where the act or omission occurred.
(2) SPECIAL RULE FOR CLAIMS MADE BY MEMBERS OF CON-
GRESS AND CONGRESSIONAL EMPLOYEES.—
(A) IN GENERAL.—With respect to any claim described
in paragraph (1) which is made by a Member of Congress
or any officer or employee of Congress, the Chief of the
Capitol Police shall—
(i) not later than 14 days after the receipt of such
a claim, notify the Chairman of the applicable Com-
mittee of the receipt of the claim; and
(ii) not later than 90 days after the receipt of
such a claim, submit a proposal for the resolution
of such claim which shall be subject to the approval
of the Chairman of the applicable Committee.
(B) EXTENSION.—The 90-day period in subparagraph
(A)(ii) may be extended for an additional period (not to
exceed 90 days) for good cause by the Chairman of the
applicable Committee, upon the request of the Chief of
the Capitol Police.
(C) APPROVAL CONSISTENT WITH FEDERAL TORT CLAIMS
ACT.—Nothing in this paragraph may be construed to
permit the Chairman of an applicable Committee to
approve a proposal for the resolution of a claim described
in paragraph (1) which is not consistent with the terms
and conditions applicable under chapter 171 of title 28,
United States Code, to the resolution of claims for money
damages against the United States.
(D) APPLICABLE
COMMITTEE
DEFINED.—In this para-
graph, the term ‘‘applicable Committee’’ means—
(i) the Committee on Rules and Administration
of the Senate, in the case of a claim of a Senator
or an officer or employee whose pay is disbursed by
the Secretary of the Senate; or
(ii) the Committee on House Administration of the
House of Representatives, in the case of a Member
of the House of Representatives (including a Delegate
or Resident Commissioner to the Congress) or an officer
or employee whose pay is disbursed by the Chief
Administrative Officer of the House of Representatives.
(3) HEAD
OF
AGENCY.—For purposes of section 2672 of
title 28, United States Code, the Chief of the Capitol Police
shall be the head of a Federal agency with respect to the
Capitol Police.
(4) REGULATIONS.—The Capitol Police Board may prescribe
regulations to carry out this subsection.
Notification.
Deadlines.
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118 STAT. 3182
PUBLIC LAW 108–447—DEC. 8, 2004
(b) CLAIMS OF EMPLOYEES OF CAPITOL POLICE.—
(1) IN GENERAL.—The Capitol Police Board may prescribe
regulations to apply the provisions of section 3721 of title
31, United States Code, for the settlement and payment of
a claim against the Capitol Police by an employee of the Capitol
Police for damage to, or loss of personal property incident
to service.
(2) LIMITATION.—No settlement and payment of a claim
under regulations prescribed under this subsection may exceed
the limits applicable to the settlement and payment of claims
under section 3721 of title 31, United States Code.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to affect—
(1) any payment under section 1304 of title 31, United
States Code, of a final judgment, award, compromise settle-
ment, and interest and costs specified in the judgment based
on a claim against the Capitol Police; or
(2) any authority for any—
(A) settlement under section 414 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1414), or
(B) payment under section 415 of that Act (2 U.S.C.
1415).
(d) EFFECTIVE DATE.—This section shall apply to fiscal year
2005 and each fiscal year thereafter.
SEC. 1007. DEPLOYMENT
OUTSIDE
OF
JURISDICTION. (a)
REQUIREMENTS FOR PRIOR NOTICE AND APPROVAL.—The Chief of
the Capitol Police may not deploy any officer outside of the areas
established by law for the jurisdiction of the Capitol Police unless—
(1) the Chief provides prior notification to the Committees
on Appropriations of the House of Representatives and Senate
of the costs anticipated to be incurred with respect to the
deployment; and
(2) the Capitol Police Board gives prior approval to the
deployment.
(b) EXCEPTION FOR CERTAIN SERVICES.—Subsection (a) does
not apply with respect to the deployment of any officer for any
of the following purposes:
(1) Responding to an imminent threat or emergency.
(2) Intelligence gathering.
(3) Providing protective services.
(c) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2005 and each succeeding fiscal year.
SEC. 1008. GENERAL COUNSEL. The Capitol Police General
Counsel, in the capacity as in-house counsel and in conjunction
with the Capitol Police Employment Counsel for employment and
labor law matters, shall be responsible for implementing and
maintaining an effective legal compliance system with all applicable
laws, under the oversight of the Capitol Police Board.
SEC. 1009. RELEASE OF SECURITY INFORMATION. (a) DEFINI-
TION.—In this section, the term ‘‘security information’’ means
information that—
(1) is sensitive with respect to the policing, protection,
physical security, intelligence, counterterrorism actions, or
emergency preparedness and response relating to Congress,
any statutory protectee of the Capitol Police, and the Capitol
buildings and grounds; and
2 USC 1979.
Notification.
2 USC 1978.
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118 STAT. 3183
PUBLIC LAW 108–447—DEC. 8, 2004
(2) is obtained by, on behalf of, or concerning the Capitol
Police Board, the Capitol Police, or any incident command
relating to emergency response.
(b) AUTHORITY
OF
BOARD
TO
DETERMINE
CONDITIONS
OF
RELEASE.—Notwithstanding any other provision of law, any security
information in the possession of the Capitol Police may be released
by the Capitol Police to another entity, including an individual,
only if the Capitol Police Board determines in consultation with
other appropriate law enforcement officials, experts in security
preparedness, and appropriate committees of Congress, that the
release of the security information will not compromise the security
and safety of the Capitol buildings and grounds or any individual
whose protection and safety is under the jurisdiction of the Capitol
Police.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to affect the ability of the Senate and the House of
Representatives (including any Member, officer, or committee of
either House of Congress) to obtain information from the Capitol
Police regarding the operations and activities of the Capitol Police
that affect the Senate and House of Representatives.
(d) REGULATIONS.—The Capitol Police Board may promulgate
regulations to carry out this section, with the approval of the
Committee on Rules and Administration of the Senate and the
Committee on House Administration of the House of Representa-
tives.
(e) EFFECTIVE DATE.—This section shall take effect on the
date of enactment of this Act and apply with respect to—
(1) any remaining portion of fiscal year 2004, if this Act
is enacted before October 1, 2004; and
(2) fiscal year 2005 and each fiscal year thereafter.
OFFICE OF COMPLIANCE
SALARIES AND EXPENSES
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1385), $2,421,000, of which $305,000 shall remain
available until September 30, 2006: Provided, That the Executive
Director of the Office of Compliance may, within the limits of
available appropriations, dispose of surplus or obsolete personal
property by interagency transfer, donation, or discarding.
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $3,000 to
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and recep-
tion expenses, $34,919,000.
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118 STAT. 3184
PUBLIC LAW 108–447—DEC. 8, 2004
ARCHITECT OF THE CAPITOL
GENERAL ADMINISTRATION
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies
in connection with activities under the care of the Architect of
the Capitol; for all necessary expenses for the general and adminis-
trative support of the operations under the Architect of the Capitol
including the Botanic Garden; electrical substations of the Capitol,
Senate and House office buildings, and other facilities under the
jurisdiction of the Architect of the Capitol; including furnishings
and office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or exchange,
maintenance, and operation of a passenger motor vehicle,
$80,347,000, of which $2,220,000 shall remain available until Sep-
tember 30, 2009.
CAPITOL BUILDING
(INCLUDING TRANSFER OF FUNDS)
For all necessary expenses for the maintenance, care, and oper-
ation of the Capitol, $28,857,000, of which not more than
$10,600,000, may be transferred for the use of the Capitol Visitor
Center project: Provided, That the amount so transferred shall
be deposited into the account established for the Capitol Visitor
Center project and shall be subject to the same terms and conditions
applicable to the amounts appropriated for such project under the
heading ‘‘Capitol Visitor Center’’ in the Legislative Branch Appro-
priations Act, 2004: Provided further, That the amount so trans-
ferred, together with $3,900,000 of the other amounts appropriated
under this heading, shall remain available until expended.
CAPITOL GROUNDS
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $6,974,000.
SENATE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and oper-
ation of Senate office buildings; and furniture and furnishings to
be expended under the control and supervision of the Architect
of the Capitol, $62,083,000, of which $9,070,000 shall remain avail-
able until September 30, 2009.
HOUSE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and oper-
ation of the House office buildings, $65,353,000, of which
$27,103,000 shall remain available until September 30, 2009.
CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care and oper-
ation of the Capitol Power Plant; lighting, heating, power (including
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118 STAT. 3185
PUBLIC LAW 108–447—DEC. 8, 2004
the purchase of electrical energy) and water and sewer services
for the Capitol, Senate and House office buildings, Library of Con-
gress buildings, and the grounds about the same, Botanic Garden,
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Printing
Office and Washington City Post Office, and heating and chilled
water for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $56,834,000, of
which $1,000,000 shall remain available until September 30, 2009:
Provided, That not more than $4,400,000 of the funds credited
or to be reimbursed to this appropriation as herein provided shall
be available for obligation during fiscal year 2005.
LIBRARY BUILDINGS AND GROUNDS
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $40,097,000, of which $21,506,000 shall remain available
until September 30, 2009.
CAPITOL POLICE BUILDINGS AND GROUNDS
For all necessary expenses for the maintenance, care, and oper-
ation of buildings and grounds of the United States Capitol Police,
$5,853,000, of which $500,000 shall remain available until Sep-
tember 30, 2009.
BOTANIC GARDEN
For all necessary expenses for the maintenance, care and oper-
ation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair,
and operation of a passenger motor vehicle; all under the direction
of the Joint Committee on the Library, $6,326,000: Provided, That
this appropriation shall not be available for construction of the
National Garden.
ADMINISTRATIVE PROVISIONS
SEC. 1101. MANAGEMENT
AND OPERATION
OF
THE CAPITOL
POWER PLANT. (a) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means—
(1) the Committee on Appropriations of the Senate and
the House of Representatives;
(2) the Committee on Rules and Administration of the
Senate; and
(3) the House Office Building Commission.
(b) STUDY OF CONTRACT WITH A PRIVATE ENTITY.—Not later
than 180 days after the date of enactment of this Act, the Comp-
troller General shall conduct a study and submit to the appropriate
congressional committees and the Architect of the Capitol a report
that—
(1) analyzes the costs, cost effectiveness, benefits, and feasi-
bility of the Architect of the Capitol entering into a contract
Deadline.
Reports.
2 USC 2162 note.
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118 STAT. 3186
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with a private entity for the management and operation of
the Capitol Power Plant; and
(2) makes a recommendation on whether the Architect
of the Capitol should enter into such a contract.
(c) IMPLEMENTATION PLAN.—If the Comptroller General makes
a recommendation under subsection (b)(2) in favor of entering into
a contract, the Architect of the Capitol shall submit an implementa-
tion plan for that contract to the appropriate congressional commit-
tees not later than the later of—
(1) 270 days after the date of enactment of this Act; or
(2) the date of the completion of the West Refrigeration
Plant.
(d) CONTRACT.—Subject to the approval of the appropriate
congressional committees, the Architect of the Capitol shall enter
into a contract with a private entity for the management and
operation of the Capitol Power Plant.
(e) EFFECTIVE DATE.—This section shall apply to fiscal year
2005 and each fiscal year thereafter.
SEC. 1102. (a) The Comptroller General shall conduct an anal-
ysis of the operations of the Office of the Architect of the Capitol,
and shall include in the analysis recommendations regarding the
extent to which the functions and duties of the Architect of the
Capitol may be carried out more effectively through contracts with
private entities, through reassignment to other entities of the legis-
lative branch, and through such other methods as the Comptroller
General considers appropriate.
(b) Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit a report on
the analysis conducted under subsection (a) to the Committees
on Appropriations of the House of Representatives and Senate.
LIBRARY OF CONGRESS
SALARIES AND EXPENSES
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the
Library’s catalogs; custody and custodial care of the Library
buildings; special clothing; cleaning, laundering and repair of uni-
forms; preservation of motion pictures in the custody of the Library;
operation and maintenance of the American Folklife Center in
the Library; preparation and distribution of catalog records and
other publications of the Library; hire or purchase of one passenger
motor vehicle; and expenses of the Library of Congress Trust Fund
Board not properly chargeable to the income of any trust fund
held by the Board, $384,671,000, of which not more than $6,000,000
shall be derived from collections credited to this appropriation
during fiscal year 2005, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2005 and shall remain available until
expended for the development and maintenance of an international
legal information database and activities related thereto: Provided,
That the Library of Congress may not obligate or expend any
funds derived from collections under the Act of June 28, 1902,
in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That the total amount
Deadline.
Reports.
Deadline.
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118 STAT. 3187
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available for obligation shall be reduced by the amount by which
collections are less than the $6,350,000: Provided further, That
of the total amount appropriated, $12,481,000 shall remain avail-
able until expended for the partial acquisition of books, periodicals,
newspapers, and all other materials including subscriptions for
bibliographic services for the Library, including $40,000 to be avail-
able solely for the purchase, when specifically approved by the
Librarian, of special and unique materials for additions to the
collections: Provided further, That of the total amount appropriated,
not more than $12,000 may be expended, on the certification of
the Librarian of Congress, in connection with official representation
and reception expenses for the Overseas Field Offices: Provided
further, That of the total amount appropriated, $2,250,000 shall
remain available until expended for the purpose of teaching edu-
cators and librarians how to incorporate the Library’s digital collec-
tions into school curricula and shall be transferred to the edu-
cational consortium formed to conduct the ‘‘Adventure of the Amer-
ican Mind’’ project as approved by the Library: Provided further,
That of the total amount appropriated, $500,000 shall remain avail-
able until expended, and shall be transferred to the Abraham Lin-
coln Bicentennial Commission for carrying out the purposes of
Public Law 106–173, of which $10,000 may be used for official
representation and reception expenses of the Abraham Lincoln
Bicentennial Commission: Provided further, That of the total
amount appropriated, $15,620,000 shall remain available until
expended for partial support of the National Audio-Visual Conserva-
tion Center: Provided further, That of the total amount appro-
priated, $2,795,000 shall remain available until expended for the
development and maintenance of the Alternate Computer Facility:
Provided further, That of the total amount appropriated, $500,000
shall be used to provide a grant to the Middle Eastern Text Initia-
tive for translation and publishing of middle eastern text: Provided
further, That, of the total amount appropriated, $100,000 shall
be provided to the Association for Diplomatic Studies and Training
to provide for the oral history of United States foreign affairs
personnel: Provided further, That of the total amount appropriated,
$300,000 shall be made available to initiate with the University
of South Carolina a Cooperative Preservation and Conservation
project for Movietone Newsreel collections.
COPYRIGHT OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Copyright Office, $53,611,000,
of which not more than $26,981,000, to remain available until
expended, shall be derived from collections credited to this appro-
priation during fiscal year 2005 under section 708(d) of title 17,
United States Code: Provided, That the Copyright Office may not
obligate or expend any funds derived from collections under such
section, in excess of the amount authorized for obligation or expendi-
ture in appropriations Acts: Provided further, That not more than
$6,496,000 shall be derived from collections during fiscal year 2005
under sections 111(d)(2), 119(b)(2), 802(h), 1005, and 1316 of such
title: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections are less than
$33,477,000: Provided further, That not more than $100,000 of
the amount appropriated is available for the maintenance of an
Grants.
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‘‘International Copyright Institute’’ in the Copyright Office of the
Library of Congress for the purpose of training nationals of devel-
oping countries in intellectual property laws and policies: Provided
further, That not more than $4,250 may be expended, on the certifi-
cation of the Librarian of Congress, in connection with official
representation and reception expenses for activities of the Inter-
national Copyright Institute and for copyright delegations, visitors,
and seminars.
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)
and to revise and extend the Annotated Constitution of the United
States of America, $96,893,000: Provided, That no part of such
amount may be used to pay any salary or expense in connection
with any publication, or preparation of material therefor (except
the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval
of either the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration
of the Senate.
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $54,412,000,
of which $16,235,000 shall remain available until expended: Pro-
vided, That, of the total amount appropriated, $200,000 shall
remain available until expended to reimburse the National Federa-
tion of the Blind for costs incurred in the operation of its
‘‘NEWSLINE’’ program.
ADMINISTRATIVE PROVISIONS
SEC. 1201. INCENTIVE AWARDS PROGRAM. Of the amounts appro-
priated to the Library of Congress in this Act, not more than
$5,000 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses for the incentive awards program.
SEC. 1202. REIMBURSABLE AND REVOLVING FUND ACTIVITIES.
(a) IN GENERAL.—For fiscal year 2005, the obligational authority
of the Library of Congress for the activities described in subsection
(b) may not exceed $106,985,000.
(b) ACTIVITIES.—The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations
Acts for the legislative branch.
(c) TRANSFER OF FUNDS.—During fiscal year 2005, the Librarian
of Congress may temporarily transfer funds appropriated in this
Act, under the heading ‘‘LIBRARY OF CONGRESS’’ under the
subheading ‘‘SALARIES AND EXPENSES’’ to the revolving fund for
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118 STAT. 3189
PUBLIC LAW 108–447—DEC. 8, 2004
the FEDLINK Program and the Federal Research Program estab-
lished under section 103 of the Library of Congress Fiscal Oper-
ations Improvement Act of 2000 (Public Law 106–481; 2 U.S.C.
182c): Provided, That the total amount of such transfers may not
exceed $1,900,000: Provided further, That the appropriate revolving
fund account shall reimburse the Library for any amounts trans-
ferred to it before the period of availability of the Library appropria-
tion expires.
SEC. 1203. NATIONAL DIGITAL INFORMATION INFRASTRUCTURE
AND PRESERVATION PROGRAM. The Miscellaneous Appropriations
Act, 2001 (enacted into law by section 1(a)(4) of Public Law 106–
554, 114 Stat. 2763A–194) is amended in the first proviso under
the subheading ‘‘SALARIES
AND EXPENSES’’ under the heading
‘‘LIBRARY OF CONGRESS’’ in chapter 9 of division A—
(1) by inserting ‘‘and pledges’’ after ‘‘other than money’’;
and
(2) by striking ‘‘March 31, 2005’’ and inserting ‘‘March
31, 2010’’.
SEC. 1204. UNITED STATES DIPLOMATIC FACILITIES. Funds made
available for the Library of Congress under this Act are available
for transfer to the Department of State as remittance for a fee
charged by the Department for fiscal year 2005 for the maintenance,
upgrade, or construction of United States diplomatic facilities only
to the extent that the amount of the fee so charged is equal
to or less than the unreimbursed value of the services provided
during fiscal year 2005 to the Library of Congress on State Depart-
ment diplomatic facilities.
SEC. 1205. NATIONAL FILM PRESERVATION BOARD AND NATIONAL
FILM PRESERVATION FOUNDATION. (a) EFFECTIVE DATES.—Notwith-
standing the effective date under section 113 of the National Film
Preservation Act of 1996 (2 U.S.C. 179w), title I of that Act shall
be considered to be effective through fiscal year 2005.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 151711(a) of
title 36, United States Code, is amended by striking ‘‘2003’’ and
inserting ‘‘2005’’.
GOVERNMENT PRINTING OFFICE
CONGRESSIONAL PRINTING AND BINDING
(INCLUDING TRANSFER OF FUNDS)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; printing
and binding for the Architect of the Capitol; expenses necessary
for preparing the semimonthly and session index to the Congres-
sional Record, as authorized by law (section 902 of title 44, United
States Code); printing and binding of Government publications
authorized by law to be distributed to Members of Congress; and
printing, binding, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$88,800,000: Provided, That this appropriation shall not be avail-
able for paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners or
Delegates authorized under section 906 of title 44, United States
Code: Provided further, That this appropriation shall be available
for the payment of obligations incurred under the appropriations
for similar purposes for preceding fiscal years: Provided further,
2 USC 179w
note.
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118 STAT. 3190
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That notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated or
made available under this Act or any other Act for printing and
binding and related services provided to Congress under chapter
7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period begin-
ning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes
such printing in accordance with section 718 of title 44, United
States Code: Provided further, That any unobligated or unexpended
balances in this account or accounts for similar purposes for pre-
ceding fiscal years may be transferred to the Government Printing
Office revolving fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate.
OFFICE OF SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of Government
publications and their distribution to the public, Members of Con-
gress, other Government agencies, and designated depository and
international exchange libraries as authorized by law, $31,953,000:
Provided, That amounts of not more than $2,000,000 from current
year appropriations are authorized for producing and disseminating
Congressional serial sets and other related publications for fiscal
years 2003 and 2004 to depository and other designated libraries:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for preceding fiscal
years may be transferred to the Government Printing Office
revolving fund for carrying out the purposes of this heading, subject
to the approval of the Committees on Appropriations of the House
of Representatives and Senate.
GOVERNMENT PRINTING OFFICE REVOLVING FUND
The Government Printing Office may make such expenditures,
within the limits of funds available and in accord with the law,
and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the pro-
grams and purposes set forth in the budget for the current fiscal
year for the Government Printing Office revolving fund: Provided,
That not more than $5,000 may be expended on the certification
of the Public Printer in connection with official representation and
reception expenses: Provided further, That the revolving fund shall
be available for the hire or purchase of not more than 12 passenger
motor vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Public Printer
shall be deemed necessary to carry out the provisions of title 44,
United States Code: Provided further, That the revolving fund shall
be available for temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals
not more than the daily equivalent of the annual rate of basic
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118 STAT. 3191
PUBLIC LAW 108–447—DEC. 8, 2004
pay for level V of the Executive Schedule under section 5316 of
such title: Provided further, That the revolving fund and the funds
provided under the headings ‘‘OFFICE OF SUPERINTENDENT OF DOCU-
MENTS’’ and ‘‘SALARIES AND EXPENSES’’ together may not be available
for the full-time equivalent employment of more than 2,621
workyears (or such other number of workyears as the Public Printer
may request, subject to the approval of the Committees on Appro-
priations of the House of Representatives and Senate): Provided
further, That activities financed through the revolving fund may
provide information in any format: Provided further, That not more
than $10,000 may be expended from the revolving fund in support
of the activities of the Benjamin Franklin Tercentenary Commission
established by Public Law 107–202.
ADMINISTRATIVE PROVISION
SEC. 1301. DISCOUNTS FOR SALES COPIES. Section 1708 of title
44, United States Code, is amended by striking ‘‘of not to exceed
25 percent may be allowed to book dealers and quantity purchasers’’,
and inserting the following: ‘‘may be allowed as determined by
the Superintendent of Documents’’.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; tem-
porary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign coun-
tries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under section 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $470,973,000: Provided, That not more than $4,919,000
of payments received under section 782 of title 31, United States
Code, shall be available for use in fiscal year 2005: Provided further,
That not more than $2,500,000 of reimbursements received under
section 9105 of title 31, United States Code, shall be available
for use in fiscal year 2005: Provided further, That this appropriation
and appropriations for administrative expenses of any other depart-
ment or agency which is a member of the National Intergovern-
mental Audit Forum or a Regional Intergovernmental Audit Forum
shall be available to finance an appropriate share of either Forum’s
costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as reimburse-
ments to any appropriation from which costs involved are initially
financed: Provided further, That this appropriation and appropria-
tions for administrative expenses of any other department or agency
which is a member of the American Consortium on International
Public Administration (ACIPA) shall be available to finance an
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118 STAT. 3192
PUBLIC LAW 108–447—DEC. 8, 2004
appropriate share of ACIPA costs as determined by the ACIPA,
including any expenses attributable to membership of ACIPA in
the International Institute of Administrative Sciences.
ADMINISTRATIVE PROVISION
SEC. 1401. REPORTS TO THE COMPTROLLER GENERAL. (a) LIMITA-
TIONS
ON EXPENDITURES, OBLIGATIONS, AND VOLUNTARY SERV-
ICES.—Section 1351 of title 31, United States Code, is amended
by inserting ‘‘A copy of each report shall also be transmitted to
the Comptroller General on the same date the report is transmitted
to the President and Congress.’’ after the first sentence.
(b) PROHIBITED
OBLIGATIONS
AND
EXPENDITURES.—Section
1517(b) of title 31, United States Code, is amended by inserting
‘‘A copy of each report shall also be transmitted to the Comptroller
General on the same date the report is transmitted to the President
and Congress.’’ after the first sentence.
PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER
TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership Center,
$13,500,000.
ADMINISTRATIVE PROVISIONS
SEC. 1501. EXPANSION
OF OPEN WORLD LEADERSHIP COUN-
TRIES.—Section 313(j) of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151(j)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ after the semicolon;
(2) in paragraph (2), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) any other country that is designated by the Board,
except that the Board shall notify the Committees on Appropria-
tions of the Senate and the House of Representatives of the
designation at least 90 days before the designation is to take
effect.’’.
SEC. 1502. BOARD MEMBERSHIP. Section 313(a)(2) of the Legisla-
tive Branch Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)), as
enacted by reference in section 1(a)(2) of the Consolidated Appro-
priations Act, 2001, is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘nine members’’ and inserting ‘‘11 members’’; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
‘‘(E) The chair of the Subcommittee on Legislative
Branch of the Committee on Appropriations of the House
of Representatives and the chair of the Subcommittee on
Legislative Branch of the Committee on Appropriations
of the Senate.’’.
TITLE II—GENERAL PROVISIONS
SEC. 201. MAINTENANCE AND CARE OF PRIVATE VEHICLES. No
part of the funds appropriated in this Act shall be used for the
Notification.
Deadline.
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118 STAT. 3193
PUBLIC LAW 108–447—DEC. 8, 2004
maintenance or care of private vehicles, except for emergency assist-
ance and cleaning as may be provided under regulations relating
to parking facilities for the House of Representatives issued by
the Committee on House Administration and for the Senate issued
by the Committee on Rules and Administration.
SEC. 202. FISCAL YEAR LIMITATION. No part of the funds appro-
priated in this Act shall remain available for obligation beyond
fiscal year 2005 unless expressly so provided in this Act.
SEC. 203. RATES OF COMPENSATION AND DESIGNATION. When-
ever in this Act any office or position not specifically established
by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appro-
priated for or the rate of compensation or designation of any office
or position appropriated for is different from that specifically estab-
lished by such Act, the rate of compensation and the designation
in this Act shall be the permanent law with respect thereto: Pro-
vided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate
and House of Representatives, and clerk hire for Senators and
Members of the House of Representatives shall be the permanent
law with respect thereto.
SEC. 204. CONSULTING SERVICES. The expenditure of any appro-
priation under this Act for any consulting service through procure-
ment contract, under section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued under existing law.
SEC. 205. AWARDS AND SETTLEMENTS. Such sums as may be
necessary are appropriated to the account described in subsection
(a) of section 415 of the Congressional Accountability Act of 1995
(2 U.S.C. 1415(a)) to pay awards and settlements as authorized
under such subsection.
SEC. 206. COSTS OF LBFMC. Amounts available for administra-
tive expenses of any legislative branch entity which participates
in the Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by
the LBFMC, except that the total LBFMC costs to be shared among
all participating legislative branch entities (in such allocations
among the entities as the entities may determine) may not exceed
$2,000.
SEC. 207. LANDSCAPE MAINTENANCE. The Architect of the Cap-
itol, in consultation with the District of Columbia, is authorized
to maintain and improve the landscape features, excluding streets
and sidewalks, in the irregular shaped grassy areas bounded by
Washington Avenue, SW on the northeast, Second Street SW on
the west, Square 582 on the south, and the beginning of the I–
395 tunnel on the southeast.
SEC. 208. LIMITATION ON TRANSFERS. None of the funds made
available in this Act may be transferred to any department, agency,
or instrumentality of the United States Government, except pursu-
ant to a transfer made by, or transfer authority provided in, this
Act or any other appropriation Act.
SEC. 209. ETRAVEL SERVICE. Notwithstanding any other provi-
sion of law, no entity within the legislative branch shall be required
to use the eTravel Service established by the Administrator of
5 USC 5701 note.
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118 STAT. 3194
PUBLIC LAW 108–447—DEC. 8, 2004
General Services for official travel by officers or employees of the
entity during fiscal year 2005 or any succeeding fiscal year.
SEC. 210. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a)
AUTHORITY
TO
OFFER
PAYMENTS.—Notwithstanding any other
provision of law, the head of any office in the legislative branch
may establish a program under which voluntary separation incen-
tive payments may be offered to eligible employees of the office
to encourage such employees to separate from service voluntarily
(whether by retirement or resignation), in accordance with this
section.
(b) AMOUNT AND ADMINISTRATION OF PAYMENTS.—A voluntary
separation incentive payment made under this section—
(1) shall be paid in a lump sum after the employee’s separa-
tion;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the employee would
be entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment
under such section (without adjustment for any previous
payment made); or
(B) an amount determined by the head of the office
involved, not to exceed $25,000;
(3) may be made only in the case of an employee who
voluntarily separates (whether by retirement or resignation)
under this section;
(4) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(5) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation; and
(6) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(c) PLAN.—
(1) PLAN REQUIRED FOR MAKING PAYMENTS.—No voluntary
separation incentive payment may be paid under this section
with respect to an office unless the head of the office submits
a plan described in paragraph (2) to each applicable committee
described in paragraph (3), and each applicable committee
approves the plan.
(2) CONTENTS OF PLAN.—A plan described in this paragraph
with respect to an office is a plan containing the following
information:
(A) The specific positions and functions to be reduced
or eliminated.
(B) A description of which categories of employees will
be offered incentives.
(C) The time period during which incentives may be
paid.
(D) The number and amounts of voluntary separation
incentive payments to be offered.
(E) A description of how the office will operate without
the eliminated positions and functions.
(3) APPLICABLE
COMMITTEE.—For purposes of this sub-
section, the ‘‘applicable committee’’ with respect to an office
means any committee of the House of Representatives or Senate
2 USC 60q.
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118 STAT. 3195
PUBLIC LAW 108–447—DEC. 8, 2004
with jurisdiction over the activities of the office under the
applicable rules of the House of Representatives and the Senate
(as determined by the head of the office), but does not include
the Committees on Appropriations of the House of Representa-
tives and the Senate.
(d) EXCLUSION OF CERTAIN OFFICES.—This section shall not
apply to any office which is an Executive agency under section
105 of title 5, United States Code, or any employee of such an
office.
(e) ELIGIBLE EMPLOYEE DEFINED.—
(1) IN GENERAL.—In this section, an ‘‘eligible employee’’
is an employee (as defined in section 2105, United States Code)
or a Congressional employee (as defined in section 2107, United
States Code) who—
(A) is serving under an appointment without time
limitation; and
(B) has been currently employed for a continuous
period of at least 3 years.
(2) EXCLUSIONS.—An ‘‘eligible employee’’ does not include
any of the following:
(A) A reemployed annuitant under subchapter III of
chapter 83 or 84 of title 5, United States Code, or another
retirement system for employees of the Government.
(B) An employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under subchapter III of chapter 83 or 84 of
title 5, United States Code, or another retirement system
for employees of the Government.
(C) An employee who is in receipt of a decision notice
of involuntary separation for misconduct or unacceptable
performance.
(D) An employee who has previously received any vol-
untary separation incentive payment from the Federal
Government under this section or any other authority.
(E) An employee covered by statutory reemployment
rights who is on transfer employment with another
organization.
(F) Any employee who—
(i) during the 36-month period preceding the date
of separation of that employee, performed service for
which a student loan repayment benefit was or is
to be paid under section 5379 of title 5, United States
Code, or any other authority;
(ii) during the 24-month period preceding the date
of separation of that employee, performed service for
which a recruitment or relocation bonus was or is
to be paid under section 5753 of such title or any
other authority; or
(iii) during the 12-month period preceding the date
of separation of that employee, performed service for
which a retention bonus was or is to be paid under
section 5754 of such title or any other authority.
(f) REPAYMENT FOR INDIVIDUALS RETURNING TO GOVERNMENT
EMPLOYMENT.—
(1) IN GENERAL.—Subject to paragraph (2), an employee
who has received a voluntary separation incentive payment
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118 STAT. 3196
PUBLIC LAW 108–447—DEC. 8, 2004
under this section and accepts employment with the Govern-
ment of the United States within 5 years after the date of
the separation on which the payment is based shall be required
to repay the entire amount of the incentive payment to the
office that paid the incentive payment.
(2) WAIVER
FOR
INDIVIDUALS
POSSESSING
UNIQUE
ABILI-
TIES.—
(A) If the employment is with an Executive agency
(as defined by section 105 of title 5, United States Code),
the Director of the Office of Personnel Management may,
at the request of the head of the agency, waive the repay-
ment required under this subsection if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position.
(B) If the employment is with an entity in the legisla-
tive branch, the head of the entity or the appointing official
may waive the repayment required under this subsection
if the individual involved possesses unique abilities and
is the only qualified applicant available for the position.
(C) If the employment is with the judicial branch,
the Director of the Administrative Office of the United
States Courts may waive the repayment required under
this subsection if the individual involved possesses unique
abilities and is the only qualified applicant available for
the position.
(3) TREATMENT OF PERSONAL SERVICES CONTRACTS.—For
purposes of paragraph (1) (but not paragraph (2)), the term
‘‘employment’’ includes employment under a personal services
contract with the United States.
(g) EFFECTIVE DATE.—This section shall take effect on the
date of the enactment of this Act, and shall apply with respect
to the portion of fiscal year 2005 occurring on and after such
date and to each succeeding fiscal year.
SEC. 211. CAPITOL GROUNDS ENCLOSURE. None of the funds
contained in this Act may be used to study, design, plan, or other-
wise further the construction or consideration of a fence to enclose
the perimeter of the grounds of the United States Capitol.
SEC. 212. CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN
ARTS EDUCATION. Section 210 of the Legislative Branch Appropria-
tions Act, 2003 is amended—
(1) by striking the first proviso; and
(2) by striking ‘‘Provide further,’’ and inserting ‘‘Provided,’’.
SEC. 213. TRANSFER OF JURISDICTION OVER REAL PROPERTY
NEAR JAPANESE AMERICAN PATRIOTISM MEMORIAL. (a) TRANSFER
OF JURISDICTION.—
(1) IN GENERAL.—Jurisdiction over the parcels of Federal
real property described under paragraph (2) (over which juris-
diction was transferred under section 514(b)(2)(C) of the Omni-
bus Parks and Public Lands Management Act of 1996 (40
U.S.C. 5102 note; Public Law 104–333)) is transferred to the
Architect of the Capitol, without consideration.
(2) PARCELS.—The parcels of Federal real property referred
to under paragraph (1) are the following:
(A) That portion of New Jersey Avenue, N.W., between
the northernmost point of the intersection of New Jersey
Avenue, N.W., and D Street, N.W., and the northernmost
point of the intersection of New Jersey Avenue, N.W., and
40 USC 5102
note.
117 Stat. 383.
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118 STAT. 3197
PUBLIC LAW 108–447—DEC. 8, 2004
Louisiana Avenue, N.W., between squares 631 and W632,
which remains Federal property, and whose maintenance
and repair shall be the responsibility of the District of
Columbia.
(B) That portion of D Street, N.W., between its intersec-
tion with New Jersey Avenue, N.W., and its intersection
with Louisiana Avenue, N.W., between squares 630 and
W632, which remains Federal property.
(b) MISCELLANEOUS.—
(1) COMPLIANCE WITH OTHER LAWS.—Compliance with this
section shall be deemed to satisfy the requirements of all laws
otherwise applicable to transfers of jurisdiction over parcels
of Federal real property.
(2) UNITED STATES CAPITOL GROUNDS.—
(A) DEFINITION.—Section 5102 of title 40, United States
Code, is amended to include within the definition of the
United States Capitol Grounds the parcels of Federal real
property described in subsection (a)(2).
(B) JURISDICTION
OF
CAPITOL
POLICE.—The United
States Capitol Police shall have jurisdiction over the parcels
of Federal real property described in subsection (a)(2) in
accordance with section 9 of the Act entitled ‘‘An Act to
define the United States Capitol Grounds, to regulate the
use thereof, and for other purposes’’, approved July 31,
1946 (2 U.S.C. 1961).
(3) EFFECT OF TRANSFER.—A person relinquishing jurisdic-
tion over any parcel of Federal real property transferred by
subsection (a) shall not retain any interest in the parcel except
as specifically provided in this section.
(c) EFFECTIVE DATE.—This Act shall apply to fiscal year 2005
and each fiscal year thereafter.
SEC. 214. COMMISSION
ON
THE ABRAHAM LINCOLN STUDY
ABROAD FELLOWSHIP PROGRAM. EXTENSION OF REPORT AND TERMI-
NATION DATES.—Section 104 of division H of the Consolidated
Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 435) is
amended—
(1) in subsection (f), by striking ‘‘December 1, 2004’’ and
inserting ‘‘December 1, 2005’’; and
(2) in subsection (g), by striking ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
SEC. 215. (a) The Chief Administrative Officer of the House
of Representatives and the Sergeant at Arms and Doorkeeper of
the Senate may enter into a memorandum of understanding under
which the Sergeant at Arms and Doorkeeper shall provide all serv-
ices of the United States Capitol telephone exchange for the House
of Representatives, in accordance with such terms and conditions
as may be provided in the memorandum of understanding.
(b) For any period during which a memorandum of under-
standing is in effect pursuant to this section—
(1) all positions in the United States Capitol telephone
exchange for which the employing authority is the Chief
Administrative Officer shall be transferred to the Sergeant
at Arms and Doorkeeper;
(2) all employees in the United States Capitol telephone
exchange for whom the employing authority is the Chief
Administrative Officer shall be transferred to, and appointed
by, the Sergeant at Arms and Doorkeeper; and
2 USC 2168.
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118 STAT. 3198
PUBLIC LAW 108–447—DEC. 8, 2004
(3) the Sergeant at Arms and Doorkeeper shall serve as
the employing authority for all personnel of the United States
Capitol telephone exchange.
(c) In carrying out a memorandum of understanding pursuant
to this section, the Sergeant at Arms and Doorkeeper shall ensure
that, with respect to any employee of the United States Capitol
telephone exchange whose employing authority prior to the effective
date of the memorandum was the Chief Administrative Officer—
(1) the rate of pay and leave accrual for the employee
shall not be less than the employee’s rate of pay and leave
accrual for the most recent pay period prior to such date,
unless—
(A) the employee does not remain in the same position
with the exchange; or
(B) the rate of pay or leave accrual is reduced for
cause; and
(2) any leave accrued by the employee that remains unused
as of such date shall be transferred to the employee and made
available for the employee to use under the same terms and
conditions that applied to the use of the leave prior to such
date.
(d) The last sentence of section 4(b) of the House Employees
Position Classification Act (2 U.S.C. 293(b)) is amended by striking
‘‘succeeding year,’’ and inserting the following: ‘‘succeeding year
(other than any period during which a memorandum of under-
standing described in section 215(a) of the Legislative Branch
Appropriations Act, 2005 is in effect),’’.
(e)(1) A memorandum of understanding under this section may
include a provision requiring the reimbursement by the House
of Representatives during a fiscal year (paid out of the applicable
accounts of the House) of the expenses incurred by the Sergeant
at Arms and Doorkeeper during the fiscal year in carrying out
the memorandum with respect to the employees of the United
States Capitol telephone exchange whose employing authority prior
to the effective date of the memorandum was the Chief Administra-
tive Officer.
(2) Any reimbursement made pursuant to this subsection—
(A) in the case of a reimbursement for salaries or agency
contributions and related expenses, shall be deposited in the
account under the heading ‘‘OFFICE OF THE SERGEANT AT ARMS
AND DOORKEEPER’’ or ‘‘AGENCY CONTRIBUTIONS AND RELATED
EXPENSES’’, under the heading ‘‘SALARIES, OFFICERS
AND
EMPLOYEES’’; and
(B) in the case of a reimbursement for expenses, shall
be deposited in the account under the heading ‘‘SERGEANT AT
ARMS AND DOORKEEPER OF THE SENATE’’ under the heading
‘‘CONTINGENT EXPENSES OF THE SENATE’’.
(3) Any funds deposited under paragraph (2) shall be available
in like manner and for the same purposes as are other funds
in the account to which the funds were deposited.
(f) This section and the amendment made by this section shall
apply with respect to fiscal year 2005 and each succeeding fiscal
year.
This division may be cited as the ‘‘Legislative Branch Appro-
priations Act, 2005’’.
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118 STAT. 3199
PUBLIC LAW 108–447—DEC. 8, 2004
DIVISION H—TRANSPORTATION, TREASURY, INDEPENDENT
AGENCIES, AND GENERAL GOVERNMENT APPROPRIA-
TIONS ACT, 2005
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$87,234,000, of which not to exceed $2,220,000 shall be available
for the immediate Office of the Secretary; not to exceed $705,000
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $15,395,000 shall be available for the Office of the
General Counsel; not to exceed $12,627,000 shall be available for
the Office of the Under Secretary of Transportation for Policy;
not to exceed $8,573,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,316,000 shall be available for the Office of the Assistant Sec-
retary for Governmental Affairs; not to exceed $23,436,000 shall
be available for the Office of the Assistant Secretary for Administra-
tion; not to exceed $1,929,000 shall be available for the Office
of Public Affairs; not to exceed $1,456,000 shall be available for
the Office of the Executive Secretariat; not to exceed $704,000
shall be available for the Board of Contract Appeals; not to exceed
$1,278,000 shall be available for the Office of Small and Disadvan-
taged Business Utilization; not to exceed $2,053,000 for the Office
of Intelligence and Security; not to exceed $3,150,000 shall be
available for the Office of Emergency Transportation; and not to
exceed $11,392,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation
is authorized to transfer funds appropriated for any office of the
Office of the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent by all
such transfers: Provided further, That any change in funding greater
than 5 percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That not
to exceed $60,000 shall be for allocation within the Department
for official reception and representation expenses as the Secretary
may determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law 107–
71, there may be credited to this appropriation up to $2,500,000
in funds received in user fees: Provided further, That none of
the funds provided in this Act shall be available for the position
of Assistant Secretary for Public Affairs.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $8,700,000.
Transportation,
Treasury,
Independent
Agencies, and
General
Government
Appropriations
Act, 2005.
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118 STAT. 3200
PUBLIC LAW 108–447—DEC. 8, 2004
COMPENSATION FOR AIR CARRIERS
(RESCISSION)
Of the funds made available under section 101(a)(2) of Public
Law 107–42, $235,000,000 are rescinded.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $20,000,000.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $151,054,000, shall be
paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided on
a competitive basis to entities within the Department of Transpor-
tation: Provided further, That the above limitation on operating
expenses shall not apply to non-DOT entities: Provided further,
That no funds appropriated in this Act to an agency of the Depart-
ment shall be transferred to the Working Capital Fund without
the approval of the agency modal administrator: Provided further,
That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless notice
of such assessments and the basis therefor are presented to the
House and Senate Committees on Appropriations and are approved
by such Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $500,000, as authorized by
49 U.S.C. 332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $18,367,000. In addition,
for administrative expenses to carry out the guaranteed loan pro-
gram, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until September
30, 2006: Provided, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode
of transportation.
NEW HEADQUARTERS BUILDING
For necessary expenses of the Department of Transportation’s
new headquarters building and related services, $68,000,000, to
remain available until expended.
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118 STAT. 3201
PUBLIC LAW 108–447—DEC. 8, 2004
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $52,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until expended.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activi-
ties related to commercial space transportation, administrative
expenses for research and development, establishment of air naviga-
tion facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, lease or purchase of passenger motor vehicles
for replacement only, in addition to amounts made available by
Public Law 108–176, $7,775,000,000, of which $4,918,073,000 shall
be derived from the Airport and Airway Trust Fund, of which
not to exceed $6,234,417,600 shall be available for air traffic services
activities; not to exceed $916,894,000 shall be available for aviation
regulation and certification activities; not to exceed $224,039,000
shall be available for research and acquisition activities; not to
exceed $11,674,000 shall be available for commercial space transpor-
tation activities; not to exceed $52,124,000 shall be available for
financial services activities; not to exceed $69,821,600 shall be
available for human resources program activities; not to exceed
$149,569,800 shall be available for region and center operations
and regional coordination activities; not to exceed $139,302,000
shall be available for staff offices; and not to exceed $36,254,000
shall be available for information services: Provided, That none
of the funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that would
promulgate new aviation user fees not specifically authorized by
law after the date of the enactment of this Act: Provided further,
That there may be credited to this appropriation funds received
from States, counties, municipalities, foreign authorities, other
public authorities, and private sources, for expenses incurred in
the provision of agency services, including receipts for the mainte-
nance and operation of air navigation facilities, and for issuance,
renewal or modification of certificates, including airman, aircraft,
and repair station certificates, or for tests related thereto, or for
processing major repair or alteration forms: Provided further, That
of the funds appropriated under this heading, not less than
$7,000,000 shall be for the contract tower cost-sharing program:
Provided further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to assist
in the development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided further,
That none of the funds in this Act shall be available for paying
premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
Administration employee unless such employee actually performed
work during the time corresponding to such premium pay: Provided
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118 STAT. 3202
PUBLIC LAW 108–447—DEC. 8, 2004
further, That none of the funds in this Act may be obligated or
expended to operate a manned auxiliary flight service station in
the contiguous United States: Provided further, That none of the
funds in this Act for aeronautical charting and cartography are
available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That of the funds provided
under this heading, $4,000,000 is available only for recruitment,
personnel compensation and benefits, and related costs to raise
the level of operational air traffic control supervisors to the level
of 1,846: Provided further, That none of the funds in this Act
may be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift certifi-
cate through use of a Government-issued credit card.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisi-
tion, establishment, technical support services, improvement by
contract or purchase, and hire of air navigation and experimental
facilities and equipment, as authorized under part A of subtitle
VII of title 49, United States Code, including initial acquisition
of necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters
and related accommodations for officers and employees of the Fed-
eral Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase, lease,
or transfer of aircraft from funds available under this heading;
to be derived from the Airport and Airway Trust Fund,
$2,540,000,000, of which $2,119,000,000 shall remain available until
September 30, 2007, and of which $421,000,000 shall remain avail-
able until September 30, 2005: Provided, That there may be credited
to this appropriation funds received from States, counties, munici-
palities, other public authorities, and private sources, for expenses
incurred in the establishment and modernization of air navigation
facilities: Provided further, That upon initial submission to the
Congress of the fiscal year 2006 President’s budget, the Secretary
of Transportation shall transmit to the Congress a comprehensive
capital investment plan for the Federal Aviation Administration
which includes funding for each budget line item for fiscal years
2006 through 2010, with total funding for each year of the plan
constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construc-
tion of experimental facilities and acquisition of necessary sites
by lease or grant, $130,927,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2007: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
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118 STAT. 3203
PUBLIC LAW 108–447—DEC. 8, 2004
authorities, and private sources, for expenses incurred for research,
engineering, and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid for air-
port planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspec-
tion activities and administration of airport safety programs,
including those related to airport operating certificates under sec-
tion 44706 of title 49, United States Code, $2,800,000,000 to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the funds under
this heading shall be available for the planning or execution of
programs the obligations for which are in excess of $3,500,000,000
in fiscal year 2005, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the funds under
this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
other airport improvements that are necessary to install bulk explo-
sive detection systems: Provided further, That notwithstanding any
other provision of law, not more than $68,802,000 of funds limited
under this heading shall be obligated for administration and not
less than $20,000,000 shall be for the Small Community Air Service
Development Program.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the amount authorized for the fiscal year ending September
30, 2004, under sections 48103 and 48112 of title 49, United States
Code, $265,000,000 are rescinded.
GENERAL PROVISIONS—FEDERAL AVIATION ADMINISTRATION
SEC. 101. Notwithstanding any other provision of law, airports
may transfer without consideration to the Federal Aviation
Administration (FAA) instrument landing systems (along with asso-
ciated approach lighting equipment and runway visual range equip-
ment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid pro-
gram, airport development aid program or airport improvement
program grant: Provided, That, the Federal Aviation Administration
shall accept such equipment, which shall thereafter be operated
and maintained by FAA in accordance with agency criteria.
49 USC 44502
note.
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118 STAT. 3204
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 102. None of the funds in this Act may be used to com-
pensate in excess of 375 technical staff-years under the federally
funded research and development center contract between the Fed-
eral Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2005.
SEC. 103. None of the funds made available in this Act may
be used for engineering work related to an additional runway at
Louis Armstrong New Orleans International Airport.
SEC. 104. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ‘‘below-market’’ rates for these items or to grant assurances
that require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
SEC. 105. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior permission
rules at Teterboro Airport in Teterboro, New Jersey.
SEC. 106. (a) Section 44302(f)(1) of title 49, United States
Code, is amended by striking ‘‘2004,’’ each place it appears and
inserting ‘‘2005,’’.
(b) Section 44303(b) of such title is amended by striking
‘‘2004,’’ and inserting ‘‘2005,’’.
SEC. 107. Notwithstanding any provision of law, the Secretary
of Transportation is authorized and directed to make project grants
under chapter 471 of title 49, United States Code, from funds
available under 49 U.S.C. 48103, for the cost of acquisition of
land, or reimbursement of the cost of land if purchased prior to
enactment of this provision and prior to a grant agreement, for
non-exclusive use aeronautical purposes on an airport layout plan
that has been approved by the Secretary on January 23, 2004,
pursuant to section 49 U.S.C. 47107(a)(16), for any small hub airport
as defined in 49 U.S.C. 47102, and had scheduled or chartered
direct international flights totaling at least 200 million pounds
gross aircraft landed weight for calendar year 2002.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $346,500,000, shall
be paid in accordance with law from appropriations made available
by this Act to the Federal Highway Administration together with
advances and reimbursements received by the Federal Highway
Administration.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which
23 USC 104 note.
Grants.
Airports.
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118 STAT. 3205
PUBLIC LAW 108–447—DEC. 8, 2004
are in excess of $34,700,000,000 for Federal-aid highways and high-
way safety construction programs for fiscal year 2005: Provided,
That within the $34,700,000,000 obligation limitation on Federal-
aid highways and highway safety construction programs, not more
than $462,500,000 shall be available for the implementation or
execution of programs for transportation research (sections 502,
503, 504, 506, 507, and 508 of title 23, United States Code, as
amended; section 5505 of title 49, United States Code, as amended;
and sections 5112 and 5204–5209 of Public Law 105–178) for fiscal
year 2005: Provided further, That this limitation on transportation
research programs shall not apply to any authority previously made
available for obligation: Provided further, That within the
$232,000,000 obligation limitation on Intelligent Transportation
Systems, the following sums shall be made available for Intelligent
Transportation System projects that are designed to achieve the
goals and purposes set forth in section 5203 of the Intelligent
Transportation Systems Act of 1998 (subtitle C of title V of Public
Law 105–178; 112 Stat. 453; 23 U.S.C. 502 note) in the following
specified areas:
Alameda Corridor-East Project, San Gabriel Valley, Cali-
fornia, $2,000,000.
Alexandria Fiber Optic Cable for Traffic Signal Coordina-
tion, Virginia, $2,000,000.
Alliance for Transportation Research, Transportation Tech-
nology Center, New Mexico, $750,000.
Appalachian Transportation Institute and U3C, West Vir-
ginia, $1,000,000.
Atlanta Construction and Traffic Management Project,
Georgia, $2,000,000.
Baltimore City Intelligent Transportation System, Mary-
land, $1,000,000.
Bay County Regional ITS, Florida, $2,000,000.
Calmar Research Vehicle Communication Systems, New
York, $1,150,000.
Center for Injury Sciences, Alabama, $2,000,000.
Central Florida Regional Transportation Authority (LYNX):
North Orange/South Seminole ITS Enhanced Circulator,
$500,000.
Cicero Avenue Smart Corridor, Illinois, $1,000,000.
City of Boston Directional Signage Program, Massachu-
setts, $1,000,000.
City of Elk Grove ITS Project, California, $1,500,000.
City of Fort Worth Intelligent Transportation Systems,
Texas, $1,800,000.
City of San Antonio Municipal ITS Technologies, Texas,
$1,300,000.
Clark County ITS, Washington, $2,000,000.
Commercial Vehicle Information Systems Network, Illinois,
$500,000.
COTA ITS Integration Project Phases II and III, Ohio,
$800,000.
DeKalb 
Co. 
Signal 
System 
Improvements, 
Georgia,
$500,000.
Downtown Signalization Project, Mechanicsburg, Pennsyl-
vania, $750,000.
FAST-TRAC Signal Expansion, Michigan, $1,000,000.
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118 STAT. 3206
PUBLIC LAW 108–447—DEC. 8, 2004
Florida State University System Center for Intermodal
Transportation Safety, $3,000,000.
Freeway Incident Management Program, Houston, Texas,
$3,250,000.
Ft. Lauderdale Intelligent Trans System Improvement,
Florida, $1,000,000.
GEARS 
Demonstration 
Project, 
Cumberland 
County,
Pennsylvania, $150,000.
Germantown ITS, Tennessee, $500,000.
GMU ITS Appropriations, Virginia, $2,000,000.
Highway Speed E-ZPass, Outerbridge Crossing, New York,
$350,000.
Hillsborough 
Area 
Regional 
Transit 
Authority: 
Bus
Tracking, Communication and Security, Florida, $750,000.
I–70 Incident Management Plan, Colorado, $1,250,000.
I–91 
Fiber 
and 
ITS 
Construction, 
Massachusetts,
$2,500,000.
Intelligent Transportation at George Washington Univer-
sity, Virginia, $1,000,000.
Intelligent Transportation System Feasibility Study and
Implementation Plan, Edmond, Oklahoma, $100,000.
Intelligent Transportation System, Jackson, Tennessee,
$385,000.
Intelligent 
Transportation 
System, 
Wichita, 
Kansas,
$1,250,000.
Intelligent Transportation Systems, Nebraska, $450,000.
Intelligent Transportation Systems, City of Jackson, Ten-
nessee, $1,000,000.
Intelligent Transportation Systems, Illinois, $5,000,000.
Intercity Transit ITS (Thurston County), Washington,
$2,000,000.
Interurban Transit Partnership, Grand Rapids, Michigan,
$2,000,000.
Iowa ITS, $2,000,000.
ITS—Commercial Vehicle Safety and Integration State-
wide, Utah, $500,000.
ITS—Northwest 
Arkansas 
Regional 
Architecture,
Arkansas, $250,000.
ITS—Rural Recreation & Tourism, Statewide, Utah,
$750,000.
ITS—Springfield, Illinois, $650,000.
ITS Deployment Project, Inglewood, California, $400,000.
ITS Statewide, Maryland, $1,000,000.
Jacksonville 
Transportation 
Authority: 
Intelligent
Transportation Systems Regional Planning, Florida, $750,000.
JAXPORT Intermodal Cargo Tracking Project, Florida,
$900,000.
Kansas City SmartPort, Missouri, $750,000.
King County, County-Wide Signal Program, Washington,
$2,000,000.
Lake County Passage, Lake County, Illinois, $1,250,000.
Laredo ITS Multi-Agency Integration and Incidence Project,
Texas, $500,000.
Los Angeles Union Station Communication System,
$1,000,000.
Lynnwood Traffic Management Center of Multi-Jurisdic-
tional ITS, Washington, $1,000,000.
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118 STAT. 3207
PUBLIC LAW 108–447—DEC. 8, 2004
MARTA Automated Fare Collection/Smart Card System,
Georgia, $500,000.
Missouri Statewide Rural ITS, $2,500,000.
Montgomery County Integrated ITS Program, Maryland,
$750,000.
Montgomery Intelligent Transportation System Acquisition
and Implementation, Alabama, $1,000,000.
Nepperhan Traffic Improvements, City of Yonkers, New
York, $300,000.
Northwest Arkansas Regional Planning Commission—ITS
Regional Architecture, $300,000.
Park 
Avenue 
Corridor 
Improvements, 
New 
Jersey,
$1,000,000.
Park Avenue Corridor Improvements, Union County, New
Jersey, $765,000.
Pennsylvania 
Turnpike 
ITS 
Initiative, 
Pennsylvania,
$2,000,000.
PSU’s Center for Transportation Studies ITS Initiative,
Oregon, $400,000.
Puget Sound In-Vehicle Traffic Map Expansion Program,
Washington, $2,000,000.
Pulaski at Irving Park Intersection Improvement, Illinois,
$500,000.
PVTA ITS, Massachusetts, $1,000,000.
Regional ITS Springfield, Missouri, $2,000,000.
Reston Traffic Signal Prioritization, Virginia, $750,000.
Route 28 traffic light synchronization, $500,000.
Route 50 signalization improvement, Virginia, $1,000,000.
Route 7 signalization improvements, Virginia, $500,000.
Rural Highway Information System, Kentucky, $2,000,000.
San Diego Joint Transportation Operations Center, Cali-
fornia, $750,000.
SCDOT InRoads, South Carolina, $2,500,000.
Signal Pre-emption Upgrades, Culver City, California,
$110,000.
South Boulevard Signal System, North Carolina, $470,000.
Springfield Regional Intelligent Transportation System,
Missouri, $2,000,000.
Stamford 
Urban 
Transitway 
Phase 
II, 
Connecticut,
$1,000,000.
State Transportation Incident Management Center, Wis-
consin, $500,000.
STRAP 3 Transportation Program Tracking, $1,500,000.
The Mass Country Roads Traveler Information System,
Massachusetts, $200,000.
TMC Transportation Operations Center, Texas, $500,000.
Traffic Operations Center, City of Fresno, California,
$500,000.
Traffic Response and Information, Partnership Center,
Maryland, $1,500,000.
Transportation Management & Emergency Ops Center/
Oakland, California, $750,000.
Transportation Research Center, Georgia, $1,000,000.
Traveler 
Information 
System, 
Seattle, 
Washington,
$1,000,000.
Tri-County 
ITS 
Coordination 
Initiative, 
Michigan,
$500,000.
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118 STAT. 3208
PUBLIC LAW 108–447—DEC. 8, 2004
Twin Cities, Minnesota Redundant Communications Pilot,
$750,000.
University of Alaska Arctic Transportation Engineering
Research Center, Alaska, $1,500,000.
University of Kentucky Transportation Center, $1,500,000.
US 2 Lohman Rail Crossing Advance Warning, Montana,
$1,000,000.
US 280 Corridor ITS, Alabama, $800,000.
US 280, Jefferson County, ITS, Alabama, $4,000,000.
US 98 Widening from Bayshore Road to Portside Road,
Florida, $500,000.
Variable Message Signs and 511 Implementation, Idaho,
$2,250,000.
Ventura County Intelligent Transportation Systems, Cali-
fornia, $750,000.
Vermont 
Roadway 
Weather 
Information 
System,
$1,000,000.
Village of Tarrytown, New York, $320,000.
West Baton Rouge Emergency Communications Center,
Louisiana, $1,500,000.
Wisconsin State Patrol Mobile Data Communications Net-
work—Phase III, $3,400,000.
FEDERAL-AID HIGHWAYS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for carrying out
the provisions of title 23, United States Code, that are attributable
to Federal-aid highways, including the National Scenic and Rec-
reational Highway as authorized by 23 U.S.C. 148, not otherwise
provided, including reimbursement for sums expended pursuant
to the provisions of 23 U.S.C. 308, $35,000,000,000 or so much
thereof as may be available in and derived from the Highway
Trust Fund, to remain available until expended.
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $520,277,000 are
rescinded: Provided, That such rescission shall not apply to the
funds distributed in accordance with 23 U.S.C. 133(d)(1) and the
first sentence of 23 U.S.C. 133(d)(3)(A) or to the funds apportioned
to the program authorized under section 163 of title 23, United
States Code.
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118 STAT. 3209
PUBLIC LAW 108–447—DEC. 8, 2004
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(INCLUDING RECISSION)
(HIGHWAY TRUST FUND)
For an additional amount for the ‘‘Emergency Relief Program’’
as authorized under section 125 of title 23, United States Code,
$741,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account) and to remain available until
expended: Provided, That of the unobligated balances of funds
apportioned to each State under chapter 1 of title 23, United States
Code, $741,000,000 are rescinded: Provided further, That such
rescission shall not apply to the funds distributed in accordance
with 23 U.S.C. 133(d)(1) and the first sentence of 23 U.S.C.
133(d)(3)(A) or to the funds apportioned to the program authorized
under section 163 of title 23, United States Code.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for the Appalachian Development High-
way System as authorized under section 1069(y) of Public Law
102–240, as amended, $80,000,000, to remain available until
expended.
GENERAL PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION
SEC. 110. (a) For fiscal year 2005, the Secretary of Transpor-
tation shall—
(1) not distribute from the obligation limitation for Federal-
aid highways amounts authorized for administrative expenses
and programs funded from the administrative takedown author-
ized by section 104(a)(1)(A) of title 23, United States Code,
for the highway use tax evasion program, for the Bureau of
Transportation Statistics, and for the programs, projects, and
activities funded from the takedown authorized by section 117
of this Act;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated bal-
ance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for the prior fiscal years the
funds for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation limitation for Federal-aid Highways
less the aggregate of amounts not distributed under para-
graphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated
for Federal-aid highways and highway safety construction
programs (other than sums authorized to be appropriated
for sections set forth in paragraphs (1) through (7) of sub-
section (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(8)) for such fiscal
year less the aggregate of the amounts not distributed
under paragraph (1) of this subsection;
23 USC 104 note.
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118 STAT. 3210
PUBLIC LAW 108–447—DEC. 8, 2004
(4) distribute the obligation limitation for Federal-aid high-
ways less the aggregate amounts not distributed under para-
graphs (1) and (2) for section 201 of the Appalachian Regional
Development Act of 1965 and $2,000,000,000 for such fiscal
year under section 105 of title 23, United States Code (relating
to minimum guarantee) so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for
such section (except in the case of section 105, $2,000,000,000)
for such fiscal year;
(5) distribute the obligation limitation provided for Federal-
aid highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under para-
graph (4) for each of the programs that are allocated by the
Secretary under title 23, United States Code (other than activi-
ties to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined
under paragraph (3) by the sums authorized to be appropriated
for such program for such fiscal year; and
(6) distribute the obligation limitation provided for Federal-
aid highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under para-
graphs (4) and (5) for Federal-aid highways and highway safety
construction programs (other than the minimum guarantee pro-
gram, but only to the extent that amounts apportioned for
the minimum guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary under
title 23, United States Code, in the ratio that—
(A) sums authorized to be appropriated for such pro-
grams that are apportioned to each State for such fiscal
year, bear to
(B) the total of the sums authorized to be appropriated
for such programs that are apportioned to all States for
such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid highways shall not apply to obligations:
(1) under section 125 of title 23, United States Code; (2) under
section 147 of the Surface Transportation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)
under sections 131(b) and 131(j) of the Surface Transportation
Assistance Act of 1982; (5) under sections 149(b) and 149(c) of
the Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991; (7) under section
157 of title 23, United States Code, as in effect on the day before
the date of the enactment of the Transportation Equity Act for
the 21st Century; (8) under section 105 of title 23, United States
Code (but, only in an amount equal to $639,000,000 for such fiscal
year); and (9) for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century or subsequent public laws for multiple
years or to remain available until used, but only to the extent
that such obligation authority has not lapsed or been used.
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not-
withstanding subsection (a), the Secretary shall after August 1
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118 STAT. 3211
PUBLIC LAW 108–447—DEC. 8, 2004
for such fiscal year revise a distribution of the obligation limitation
made available under subsection (a) if a State will not obligate
the amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in
addition to those previously distributed during that fiscal year
giving priority to those States having large unobligated balances
of funds apportioned under sections 104 and 144 of title 23, United
States Code, section 160 (as in effect on the day before the enact-
ment of the Transportation Equity Act for the 21st Century) of
title 23, United States Code, and under section 1015 of the Inter-
modal Surface Transportation Efficiency Act of 1991.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.—The obligation limitation shall apply
to transportation research programs carried out under chapter 5
of title 23, United States Code, except that obligation authority
made available for such programs under such limitation shall
remain available for a period of 3 fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later
than 30 days after the date of the distribution of obligation limita-
tion under subsection (a), the Secretary shall distribute to the
States any funds: (1) that are authorized to be appropriated for
such fiscal year for Federal-aid highways programs (other than
the program under section 160 of title 23, United States Code)
and for carrying out subchapter I of chapter 311 of title 49, United
States Code, and highway-related programs under chapter 4 of
title 23, United States Code; and (2) that the Secretary determines
will not be allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any obligation
limitation for such fiscal year. Such distribution to the States shall
be made in the same ratio as the distribution of obligation authority
under subsection (a)(6). The funds so distributed shall be available
for any purposes described in section 133(b) of title 23, United
States Code.
(f) SPECIAL RULE.—Obligation limitation distributed for a fiscal
year under subsection (a)(4) of this section for a section set forth
in subsection (a)(4) shall remain available until used and shall
be in addition to the amount of any limitation imposed on obliga-
tions for Federal-aid highway and highway safety construction pro-
grams for future fiscal years.
SEC. 111. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data prod-
ucts, for necessary expenses incurred pursuant to 49 U.S.C. 111
may be credited to the Federal-aid highways account for the purpose
of reimbursing the Bureau for such expenses: Provided, That such
funds shall be subject to the obligation limitation for Federal-
aid highways and highway safety construction.
SEC. 112. Of the funds made available to the Bureau of
Transportation Statistics in fiscal year 2005, $400,000 shall be
available to administer section 5402 of title 39, United States Code.
SEC. 113. (a) Notwithstanding any other provision of law, in
section 1602 of the Transportation Equity Act for the 21st Century,
item number 89 is amended by striking ‘‘Construct I–495/Route
2 interchange east of existing interchange to provide access to
commuter rail station, Littleton’’ and inserting ‘‘Ayer commuter
rail station improvements, land acquisition and parking improve-
ments’’.
Deadline.
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118 STAT. 3212
PUBLIC LAW 108–447—DEC. 8, 2004
(b) Of the $6,000,000 portion of the funds appropriated under
the heading ‘‘Highway Demonstration Projects’’ in title I of Public
Law 102–143 (105 Stat. 929) that was allocated for Routes 70/
38 Circle Elimination, New Jersey, $4,500,000 shall be transferred
to, and made available for, the following projects in the specified
amounts: Mantua Creek Overpass in Paulsboro, New Jersey,
$2,000,000; Delsea Drive Route 47 Timber Creek in Westville, New
Jersey, $787,000; Camden Waterfront Parking Garage in Camden,
New Jersey, $1,213,000; and Route 47 Chapel Heights Avenue
in Gloucester, New Jersey, $500,000.
(c) Of the amount made available under item number 89 of
the table contained in section 1107(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2052), $3,300,000
shall be used to carry out a comprehensive regional transportation
study on the multimodal transportation needs in Grand Traverse
County, Michigan, and to implement recommendations resulting
from the study.
(d) Of the funds provided for under ‘‘Transportation and
Community and System Preservation Program’’ in Public Law 106–
69 and Public Law 106–346 for the project known as ‘‘Utah-Colorado
‘Isolated Empire’ Rail Connector Study’’ as referenced in House
Report 106–355 and House Report 106–940, any remaining unobli-
gated balance as of October 1, 2004, shall be made available to
the Central Utah Rail Line (Sigurd/Salina to Levan) Project.
(e) Section 378 of the Department of Transportation and Related
Agencies Appropriations Act, 2001 (114 Stat. 1356A–38) is amended
by striking ‘‘an extension of Highway 180 from the City of Mendota’’
and inserting ‘‘an extension of Highway 180 from the City of
Fresno’’.
SEC. 114. None of the funds made available in this Act may
be used to require a State or local government to post a traffic
control device or variable message sign, or any other type of traffic
warning sign, in a language other than English, except with respect
to the names of cities, streets, places, events, or signs related
to an international border.
SEC. 115. Division F, title I, section 115 of Public Law 108–
199 is amended by inserting before the period at the end the
following: ‘‘: Provided further, That notwithstanding any other provi-
sion of law and the preceding clauses of this provision, the Secretary
of Transportation may use amounts made available by this section
to make grants for any surface transportation project otherwise
eligible for funding under title 23 or title 49, United States Code’’.
SEC. 116. Of the funds available under section 104(a)(1)(A)
of title 23, United States Code, $5,000,000 shall be available for
environmental streamlining activities, which may include making
grants to, or entering into contracts, cooperative agreements, and
other transactions, with a Federal agency, State agency, local
agency, authority, association, non-profit or for-profit corporation,
or institution of higher education.
SEC. 117. Notwithstanding any other provision of law, whenever
an allocation is made of the sums authorized to be appropriated
for expenditure on the Federal lands highway program, and when-
ever an apportionment is made of the sums authorized to be appro-
priated for the surface transportation program, the congestion miti-
gation and air quality improvement program, the National Highway
System, the Interstate maintenance program, the bridge program,
the Appalachian development highway system, and the minimum
Ante, p. 294.
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118 STAT. 3213
PUBLIC LAW 108–447—DEC. 8, 2004
guarantee program, the Secretary of Transportation shall deduct
a sum in such amount not to exceed 4.1 percent of all sums so
authorized: Provided, That of the amount so deducted in accordance
with this section, $25,000,000 shall be made available to make
grants to support planning, highway corridor development, and
highway construction projects in the area that comprises the Delta
Regional Authority; and $1,211,360,000 shall be made available
for surface transportation projects as identified under this section
in the statement of the managers accompanying this Act: Provided
further, That notwithstanding any other provision of law and the
preceding clauses of this provision, the Secretary of Transportation
may use amounts made available by this section to make grants
for any surface transportation project otherwise eligible for funding
under title 23 or, title 49, United States Code: Provided further,
That funds made available under this section, at the request of
a State, shall be transferred by the Secretary to another Federal
agency: Provided further, That the Federal share payable on account
of any program, project, or activity carried out with funds made
available under this section shall be 100 percent: Provided further,
That the sum deducted in accordance with this section shall remain
available until expended: Provided further, That all funds made
available under this section shall be subject to any limitation on
obligations for Federal-aid highways and highway safety construc-
tion programs set forth in this Act or any other Act: Provided
further, That the obligation limitation made available for the pro-
grams, projects, and activities for which funds are made available
under this section shall remain available until used and shall
be in addition to the amount of any limitation imposed on obliga-
tions for Federal-aid highway and highway safety construction pro-
grams for future fiscal years.
SEC. 118. Of the funds made available under section 188(a)(1)
of title 23, United States Code, $100,000,000 are rescinded.
SEC. 119. For the purposes of 23 U.S.C. 181(9)(D) the project
described in section 626 of division B, title VI of Public Law 108–
7 is eligible as a publicly owned intermodal surface freight transfer
facility.
SEC. 120. Notwithstanding any other provision of law, the
Department of Transportation shall complete approval of the pro-
posed surety substitution for one-half of the bond debt service
reserve amount for the RETRAC project within 30 days after
receiving from RETRAC a binding commitment from a qualified
provider to deliver a surety at an acceptable price. Such bond
debt service funds so released shall be deposited into the RETRAC
project contingency fund for payment of RETRAC project costs
in the event current project cost projections are exceeded.
SEC. 121. DESIGNATION OF MIKE O’CALLAGHAN-PAT TILLMAN
MEMORIAL BRIDGE. (a) IN GENERAL.—The Hoover Dam Bypass
Bridge in the Lake Mead National Recreation Area between Nevada
and Arizona is designated as the ‘‘Mike O’Callaghan-Pat Tillman
Memorial Bridge’’.
(b) REFERENCES IN LAW.—Any reference in a law (including
regulations), map, document, paper, or other record of the United
States to the bridge described in subsection (a) shall be considered
to be a reference to the Mike O’Callaghan-Pat Tillman Memorial
Bridge.
SEC. 122. BYPASS BRIDGE AT HOOVER DAM. (a) IN GENERAL.—
Subject to subsection (b), the Secretary of Transportation may
Deadline.
Rescission.
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118 STAT. 3214
PUBLIC LAW 108–447—DEC. 8, 2004
expend from any funds appropriated for expenditure in accordance
with title 23, United States Code, for payment of debt service
by the States of Arizona and Nevada on notes issued for the bypass
bridge project at Hoover Dam, pending appropriation or replenish-
ment for that project.
(b) REIMBURSEMENT.—Funds expended under subsection (a)
shall be reimbursed from the funds made available to the States
of Arizona and Nevada for payment of debt service on notes issued
for the bypass bridge project at Hoover Dam.
SEC. 123. None of the funds made available in this Act shall
be available for the development or dissemination by the Federal
Highway Administration of any version of a programmatic agree-
ment which regards the Dwight D. Eisenhower National System
of Interstate and Defense Highways as eligible for inclusion on
the National Register of Historic Places.
SEC. 124. Of the unobligated balances made available under
Public Law 100–17, Public Law 100–457, Public Law 101–516,
Public Law 102–143, Public Law 102–240, Public Law 102–388,
Public Law 103–331, Public Law 105–178, and Public Law 106–
346, $16,407,908.88 are rescinded.
SEC. 125. Notwithstanding any other provision of law, projects
and activities described in the statement of managers accompanying
this Act under the headings ‘‘Federal-Aid Highways’’ and ‘‘Federal
Transit Administration’’ shall be eligible for fiscal year 2005 funds
made available for the project for which each project or activity
is so designated and projects and activities under the heading
‘‘Job Access and Reverse Commute Grants’’ shall be awarded those
grants upon receipt of an application: Provided, That the Federal
share payable on account of any such projects and activities subject
to this section shall be the same as the share required by the
Federal program under which each project or activity is designated
unless otherwise provided in this Act.
SEC. 126. Notwithstanding any other provision of law, in addi-
tion to amounts provided in this or any other Act for fiscal year
2005, $34,000,000, to be derived from the Highway Trust Fund
and to remain available until expended, shall be available for the
replacement of the Belleair Causeway Bridge in Pinellas County,
Florida.
SEC. 127. Of the amounts made available for the Federal-
Aid Highways Emergency Relief Program under division B of the
Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005 (118 Stat. 1251), such sums
as may be necessary shall be available for replacement of the
I–10 bridge spanning Escambia Bay in Escambia and Santa Rosa
Counties, Florida.
SEC. 128. Section 14003 of Public Law 108–287, the Department
of Defense Appropriations Act, 2005, is amended by adding a new
subsection (c) at the end as follows:
‘‘(c) Upon a request by a State to the Secretary that the State
has an insufficient amount or type of apportionment to effectively
utilize the funds provided in paragraph (b), the Secretary shall
waive the requirement for apportionment. Such funds shall be
eligible for any activity defined in section 133(b) of title 23. Funds
distributed to each State under this section shall not be subject
to section 105 of title 23.’’.
Ante, p. 1013.
Grants.
Rescission.
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118 STAT. 3215
PUBLIC LAW 108–447—DEC. 8, 2004
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY
LIMITATION ON ADMINISTRATIVE EXPENSES
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding any other provision of law, none of the funds
in this Act shall be available for expenses for administration of
motor carrier safety programs and motor carrier safety research,
and grants, the obligations for which are in excess of $257,547,000
for fiscal year 2005: Provided, That $33,000,000 shall be available
to make grants to, or enter into contracts with, States, local govern-
ments, or other persons for carrying out border commercial motor
vehicle safety programs and enforcement activities and projects
for the purposes described in 49 U.S.C. 31104(f)(2)(B), and the
Federal share payable under such grants shall be 100 percent;
$20,000,000 shall be available to make grants to, or enter into
contracts with, States, local governments, or other persons for
commercial driver’s licenses program improvements, and the Fed-
eral share payable under such grants shall be 100 percent;
$13,200,000 shall be available to make grants to States for
implementation of section 210 of the Motor Carrier Safety Improve-
ment Act of 1999, and the Federal share payable under such grant
shall be 100 percent; and $7,400,000 shall be available to make
grants to, or enter into contracts with, States, local governments,
or other persons for the commercial vehicle analysis reporting
system, and the Federal share payable under such grants shall
be 100 percent: Provided further, That notwithstanding any other
provision of law, for payment of obligations incurred to pay adminis-
trative expenses of and grants by the Federal Motor Carrier Safety
Administration, $257,547,000, to be derived from the Highway Trust
Fund, together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended.
NATIONAL MOTOR CARRIER SAFETY PROGRAM
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, 31106, and
31309, $190,000,000 to be derived from the Highway Trust Fund
and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation
or execution of programs the obligations for which are in excess
of $190,000,000 for ‘‘Motor Carrier Safety Grants’’ and ‘‘Information
Systems,’’ and of which $17,000,000 shall be available for grants
to States for implementation of section 210 of the Motor Carrier
Safety Improvement Act of 1999 (113 Stat. 1764–1765) and
$1,000,000 shall be available for grants to States, local governments,
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118 STAT. 3216
PUBLIC LAW 108–447—DEC. 8, 2004
or other entities for commercial driver’s license program improve-
ments: Provided further, That for grants made to States for
implementation of section 210 of the Motor Carrier Safety Improve-
ment Act of 1999 (113 Stat. 1764–1765), and for grants to States,
local governments, or other entities for commercial driver’s license
program improvements, the Federal share payable under such
grants shall be 100 percent.
GENERAL PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
SEC. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of
Public Law 107–87, including that the Secretary submit a report
to the House and Senate Appropriations Committees annually on
the safety and security of transportation into the United States
by Mexico-domiciled motor carriers.
SEC. 131. None of the funds appropriated or otherwise made
available by this Act may be used before December 31, 2005 to
implement or enforce any provisions of the Final Rule, issued on
April 16, 2003 (Docket No. FMCSA–97–2350), with respect to either
of the following:
(1) The operators of utility service vehicles, as that term
is defined in section 395.2 of title 49, Code of Federal Regula-
tions.
(2) Maximum daily hours of service for drivers engaged
in the transportation of property or passengers to or from
a motion picture or television production site located within
a 100-air mile radius of the work reporting location of such
drivers.
SEC. 132. None of the funds made available under this Act
may be used to issue or implement the Department of Transpor-
tation’s proposed regulation entitled Parts and Accessories Nec-
essary for Safe Operation; Certification of Compliance With Federal
Motor Vehicle Safety Standards (FMVSSs), published in the Federal
Register, volume 67, number 53, on March 19, 2002, relating to
a phase-in period to bring vehicles into compliance with the require-
ments of the regulation.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
(HIGHWAY TRUST FUND)
For expenses necessary to discharge the functions of the Sec-
retary, with respect to traffic and highway safety under chapter
301 of title 49, United States Code, and part C of subtitle VI
of title 49, United States Code, $157,386,000, to be derived from
the sum authorized to be deducted under section 117 of this Act
and transferred to the National Highway Traffic Safety Administra-
tion, to remain available until expended: Provided, That such funds
shall be transferred to and administered by the National Highway
Traffic Safety Administration: Provided further, That none of the
funds in this Act may be used to augment information technology
or computer support funds provided to NHTSA in excess of
$2,900,000: Provided further, That none of the funds appropriated
by this Act may be obligated or expended to plan, finalize, or
Reports.
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118 STAT. 3217
PUBLIC LAW 108–447—DEC. 8, 2004
implement any rulemaking to add to section 575.104 of title 49
of the Code of Federal Regulations any requirement pertaining
to a grading standard that is different from the three grading
standards (treadwear, traction, and temperature resistance) already
in effect: Provided further, That all funds made available under
this heading shall be subject to any limitation on obligations for
Federal-aid highways and highway safety construction programs
set forth in this Act or any other Act: Provided further, That
the obligation limitation made available for the programs, projects,
and activities for which funds are made available under this heading
shall remain available until used and shall be in addition to the
amount of any limitation imposed on obligations for Federal-aid
highway and highway safety construction programs for future fiscal
years.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C.
403, to remain available until expended, $72,000,000, to be derived
from the Highway Trust Fund: Provided, That none of the funds
in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2005, are
in excess of $72,000,000 for programs authorized under 23 U.S.C.
403.
NATIONAL DRIVER REGISTER
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out chapter
303 of title 49, United States Code, $3,600,000, to be derived from
the Highway Trust Fund: Provided, That none of the funds in
this Act shall be available for the implementation or execution
of programs the obligations for which are in excess of $3,600,000
for the National Driver Register authorized under chapter 303
of title 49, United States Code.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C.
402, 405, and 410, to remain available until expended, $225,000,000,
to be derived from the Highway Trust Fund: Provided, That none
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118 STAT. 3218
PUBLIC LAW 108–447—DEC. 8, 2004
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal
year 2005, are in excess of $225,000,000 for programs authorized
under 23 U.S.C. 402, 405, and 410, of which $165,000,000 shall
be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402, $20,000,000
shall be for ‘‘Occupant Protection Incentive Grants’’ under 23 U.S.C.
405, and $40,000,000 shall be for ‘‘Alcohol-Impaired Driving
Countermeasures Grants’’ under 23 U.S.C. 410: Provided further,
That none of these funds shall be used for construction, rehabilita-
tion, or remodeling costs, or for office furnishings and fixtures
for State, local, or private buildings or structures: Provided further,
That not to exceed $10,000,000 of the funds made available for
section 402, not to exceed $2,306,000 of the funds made available
for section 405, and not to exceed $2,000,000 of the funds made
available for section 410 shall be available to NHTSA for admin-
istering highway safety grants under chapter 4 of title 23, United
States Code: Provided further, That not to exceed $1,000,000 of
the funds subject to allocation under section 157 of title 23, United
States Code, and not to exceed $1,000,000 of the funds subject
to apportionment under section 163 of that title, shall be available
to the National Highway Traffic Safety Administration for admin-
istering highway safety grants under those sections: Provided fur-
ther, That not to exceed $500,000 of the funds made available
for section 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’
shall be available for technical assistance to the States.
GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
SEC. 140. Notwithstanding any other provision of law, States
may use funds provided in this Act under section 402 of title
23, United States Code, to produce and place highway safety public
service messages in television, radio, cinema, and print media,
and on the Internet in accordance with guidance issued by the
Secretary of Transportation: Provided, That any State that uses
funds for such public service messages shall submit to the Secretary
a report describing and assessing the effectiveness of the messages:
Provided further, That $10,000,000 of the funds allocated under
section 157 of title 23, United States Code, shall be used as directed
by the National Highway Traffic Safety Administrator to purchase
national paid advertising (including production and placement) to
support national safety belt mobilizations: Provided further, That,
of the funds allocated under section 163 of title 23, United States
Code, $6,000,000 shall be used as directed by the Administrator
to support national impaired driving mobilizations and enforcement
efforts, $14,000,000 shall be used as directed by the Administrator
to purchase national paid advertising (including production and
placement) to support such national impaired driving mobilizations
and enforcement efforts.
SEC. 141. Notwithstanding any other provision of law, funds
appropriated or limited in the Act to educate the motoring public
on how to share the road safely with commercial motor vehicles
shall be administered by the National Highway Traffic Safety
Administration and shall not be used by or made available to
any other Federal agency.
SEC. 142. Notwithstanding any other provision of law, for fiscal
year 2005 the Secretary of Transportation is authorized to use
amounts made available to carry out section 157 of title 23, United
Reports.
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118 STAT. 3219
PUBLIC LAW 108–447—DEC. 8, 2004
States Code, to make innovative project allocations, not to exceed
the prior year’s amounts for such allocations, before making incen-
tive grants for use of seat belts.
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $139,769,000, of which $15,350,000 shall
remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$36,025,000, to remain available until expended.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (Public Law 94–210), as amended, in such amounts
and at such times as may be necessary to pay any amounts required
pursuant to the guarantee of the principal amount of obligations
under sections 511 through 513 of such Act, such authority to
exist as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as amended,
no new direct loans or loan guarantee commitments shall be made
using Federal funds for the credit risk premium during fiscal year
2005: Provided further, That the Secretary of Transportation and
the National Railroad Passenger Corporation shall reach agreement
on a schedule for the repayment of all principal and interest on
their June 28, 2002 direct loan agreement that provides for repay-
ment in five equal annual installments over a 5-year period begin-
ning in fiscal year 2005: Provided further, That each annual install-
ment payment shall be made no later than thirty days after the
enactment of the Departments of Transportation and Treasury,
Independent Agencies, and General Government Appropriations Act
for the fiscal year: Provided further, That in the event the Secretary
and the National Railroad Passenger Corporation are unable to
agree on the terms and conditions of such revised repayment
schedule within sixty days after the enactment of this Act, then
all principal and interest shall come due as provided for under
the existing terms of the June 28, 2002 direct loan agreement.
NEXT GENERATION HIGH-SPEED RAIL
For necessary expenses for the Next Generation High-Speed
Rail program as authorized under 49 U.S.C. 26101 and 26102,
$19,650,000, to remain available until expended.
ALASKA RAILROAD REHABILITATION
To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $25,000,000, for capital rehabilitation and
improvements benefiting its passenger operations, to remain avail-
able until expended.
Deadline.
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118 STAT. 3220
PUBLIC LAW 108–447—DEC. 8, 2004
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make quarterly
grants 
to 
the 
National 
Railroad 
Passenger 
Corporation,
$1,217,000,000, to remain available until September 30, 2005: Pro-
vided, That not less than $500,000,000 shall be provided in quar-
terly grants for capital expenses: Provided further, That the Sec-
retary of Transportation shall approve funding to cover operating
losses and capital expenditures, including advance purchase orders,
for the National Railroad Passenger Corporation only after receiving
and reviewing a grant request for each specific train route: Provided
further, That each such grant request shall be accompanied by
a detailed financial analysis, revenue projection, and capital
expenditure projection justifying the Federal support to the Sec-
retary’s satisfaction: Provided further, That the Secretary of
Transportation shall reserve $60,000,000 of the funds provided
under this heading and is authorized to transfer such sums to
the Surface Transportation Board, upon request from said Board,
to carry out directed service orders issued pursuant to section
11123 of title 49, United States Code, to respond to the cessation
of commuter rail operations by the National Railroad Passenger
Corporation: Provided further, That the Secretary of Transportation
shall make the reserved funds available to the National Railroad
Passenger Corporation through an appropriate grant instrument
during the end of the fourth quarter of fiscal year 2005 to the
extent that no directed service orders have been issued by the
Surface Transportation Board as of the date of transfer or there
is a balance of reserved funds not needed by the Board to pay
for any directed service order issued through September 30, 2005:
Provided further, That not later than 60 days after enactment
of this Act, Amtrak shall transmit, in electronic format, to the
Secretary of Transportation, the House and Senate Committees
on Appropriations, the House Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science,
and Transportation a comprehensive business plan approved by
the Board of Directors for fiscal year 2005 under section 24104(a)
of title 49, United States Code: Provided further, That the business
plan shall include, as applicable, targets for ridership, revenues,
and capital and operating expenses: Provided further, That the
plan shall also include a separate accounting of such targets for
the Northeast Corridor; commuter service; long-distance Amtrak
service; State-supported service; each intercity train route; including
Autotrain; and commercial activities including contract operations
and mail and express: Provided further, That the business plan
shall include a description of the work to be funded, along with
cost estimates and an estimated timetable for completion of the
projects covered by this business plan: Provided further, That not
later than December 1, 2004 and no later than 30 days following
the last business day of the previous month thereafter, Amtrak
shall submit to the Secretary of Transportation and the House
and Senate Committees on Appropriations a supplemental report,
in electronic format, regarding the pending business plan, which
shall describe the work completed to date, any changes to the
business plan, and the reasons for such changes: Provided further,
That none of the funds in this Act may be used for operating
expenses, including advance purchase orders, and capital projects
not approved by the Secretary of Transportation nor on the National
Deadline.
Reports.
Deadline.
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118 STAT. 3221
PUBLIC LAW 108–447—DEC. 8, 2004
Railroad Passenger Corporation’s fiscal year 2005 business plan:
Provided further, That Amtrak shall display the business plan
and all subsequent supplemental plans on the Corporation’s website
within a reasonable timeframe following their submission to the
appropriate entities: Provided further, That none of the funds under
this heading may be obligated or expended until the National
Railroad Passenger Corporation agrees to continue abiding by the
provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary
of conditions for the direct loan agreement of June 28, 2002, in
the same manner as in effect on the date of enactment of this
Act: Provided further, That the Secretary of Transportation is
authorized to retain up to $4,000,000 of the funds provided to
be used to retain a consultant or consultants to assist the Secretary
in preparing a comprehensive valuation of Amtrak’s assets to be
completed not later than September 30, 2005: Provided further,
That these funds shall be available to the Secretary of Transpor-
tation until expended: Provided further, That this valuation shall
to be used to retain a consultant or consultants to develop to
the Secretary’s satisfaction a methodology for determining the
avoidable and fully allocated costs of each Amtrak route: Provided
further, That once the Secretary has approved the methodology
for determining the avoidable and fully allocated costs of each
Amtrak route, Amtrak shall apply that methodology in compiling
an annual report to Congress on the avoidable and fully allocated
costs of each of its routes, with the initial report for fiscal year
2005 to be submitted to the House and Senate Committees on
Appropriations, the House Committee on Transportation and Infra-
structure, and the Senate Committee on Commerce, Science, and
Transportation before December 31, 2005, and each subsequent
report to be submitted within 90 days after the end of the fiscal
year to which the report pertains.
GENERAL PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
SEC. 150. For the purpose of assisting State-supported intercity
rail service, in order to demonstrate whether competition will pro-
vide higher quality rail passenger service at reasonable prices,
the Secretary of Transportation, working with affected States, shall
develop and implement a procedure for fair competitive bidding
by Amtrak and non-Amtrak operators for State-supported routes:
Provided, That in the event a State desires to select or selects
a non-Amtrak operator for the route, the State may make an
agreement with Amtrak to use facilities and equipment of, or have
services provided by, Amtrak under terms agreed to by the State
and Amtrak to enable the non-Amtrak operator to provide the
State-supported service: Provided further, That if the parties cannot
agree on terms, the Secretary shall, as a condition of receipt of
Federal grant funds, order that the facilities and equipment be
made available and the services be provided by Amtrak under
reasonable terms and compensation: Provided further, That when
prescribing reasonable compensation to Amtrak, the Secretary shall
consider quality of service as a major factor when determining
whether, and the extent to which, the amount of compensation
shall be greater than the incremental costs of using the facilities
and providing the services: Provided further, That the Secretary
may reprogram up to $2,500,000 from the Amtrak operating grant
funds for costs associated with the implementation of the fair bid
procedure and demonstration of competition under this section.
Procedures.
49 USC 24101
note.
Reports.
Deadlines.
Deadline.
49 USC 24315
note.
Public
information.
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118 STAT. 3222
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 151. Notwithstanding any provisions of this or any other
Act, during the fiscal year ending September 30, 2005, and here-
after, the Federal Railroad Administration may use funds appro-
priated by this or any other Act to provide for the installation
of a broadband high speed internet service connection, including
necessary 
equipment, 
for 
Federal 
Railroad 
Administration
employees, and to either pay directly recurring monthly charges
or to reimburse a percentage of such monthly charges which are
paid by such employees: Provided, That the Federal Railroad
Administration certifies that adequate safeguards against private
misuse exist, and that the service is necessary for direct support
of the agency’s mission.
SEC. 152. Public Law 97–468 is amended—
(1) in section 608(a)(5) by inserting ‘‘, including any amount
appropriated or otherwise made available to the State-owned
railroad,’’ before ‘‘shall be retained’’;
(2) in section 608 by adding a new subsection (e) as follows:
‘‘(e) The State-owned railroad may take any necessary or appro-
priate action, consistent with Federal railroad safety laws, to pre-
serve and protect its rail properties in the interests of safety.’’;
and
(3) in section 604(d)(2) by adding a new paragraph (D)
as follows:
‘‘(D) Any hazardous substance, petroleum or other
contaminant release at or from the State-owned rail prop-
erties that began prior to January 5, 1985, shall be and
remain the liability of the United States for damages and
for the costs of investigation and cleanup. Such liability
shall be enforceable under 42 U.S.C. 9601 et seq. for any
release described in the preceding sentence.’’.
SEC. 153. Notwithstanding any other provision of law, from
funds made available to the Federal Railroad Administration under
the heading ‘‘Next Generation High-Speed Rail’’ in the Consolidated
Appropriations Act of 2004 (Public Law 108–199), the Secretary
of Transportation may award a grant in the amount of $400,000
to the Illinois Department of Transportation for KBS Railroad track
and grade crossing improvements in Kankakee County and North-
eastern Illinois.
SEC. 154. The Northern New England High Speed Rail Corridor
is expanded to include the train routes from Boston, Massachusetts,
to Albany, New York, and from Springfield, Massachusetts, to New
Haven, Connecticut.
SEC. 155. Not later than March 1, 2005, Amtrak shall submit
to the House and Senate Committees on Appropriations a report
detailing Amtrak’s obligations pursuant to 49 U.S.C. 24306(a),
describing all investments made to develop mail and express, year-
to-year operating results generated by mail and express, a detailed
description of the impact on employees related to termination of
mail and express, a detailed description of the proposed liquidation
of assets related to mail and express, and an accounting of all
incurred and estimated costs resulting from such termination,
including legal and accounting costs, any contingent obligations
that may result, and any other related costs. Before submission,
both the Amtrak Board of Directors and the Department of
Transportation shall review this report.
Deadline.
Reports.
45 USC 1203.
45 USC 1207.
Certification.
49 USC 103 note.
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118 STAT. 3223
PUBLIC LAW 108–447—DEC. 8, 2004
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $9,750,000: Provided, That no more than
$78,000,000 of budget authority shall be available for these pur-
poses: Provided further, That of the funds available not to exceed
$900,000 shall be available for the Office of the Administrator;
not to exceed $6,520,000 shall be available for the Office of Adminis-
tration; not to exceed $4,100,000 shall be available for the Office
of the Chief Counsel; not to exceed $1,243,000 shall be available
for the Office of Communication and Congressional Affairs; not
to exceed $7,396,000 shall be available for the Office of Program
Management; not to exceed $6,929,000 shall be available for the
Office of Budget and Policy; not to exceed $4,645,000 shall be
available for the Office of Demonstration and Innovation; not to
exceed $3,013,000 shall be available for the Office of Civil Rights;
not to exceed $4,171,000 shall be available for the Office of Planning;
not to exceed $20,150,000 shall be available for regional offices;
and not to exceed $16,433,000 shall be available for the central
account: Provided further, That the Administrator is authorized
to transfer funds appropriated for an office of the Federal Transit
Administration: Provided further, That no appropriation for an office
shall be increased or decreased by more than a total of 5 percent
during the fiscal year by all such transfers: Provided further, That
any change in funding greater than 5 percent shall be submitted
for approval to the House and Senate Committees on Appropria-
tions: Provided further, That any funding transferred from the
central account shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That none
of the funds provided or limited in this Act may be used to create
a permanent office of transit security under this heading: Provided
further, That of the funds in this Act available for the execution
of contracts under section 5327(c) of title 49, United States Code,
$2,000,000 shall be reimbursed to the Department of Transpor-
tation’s Office of Inspector General for costs associated with audits
and investigations of transit-related issues, including reviews of
new fixed guideway systems: Provided further, That up to
$2,500,000 for the National transit database shall remain available
until expended: Provided further, That upon submission to the
Congress of the fiscal year 2006 President’s budget, the Secretary
of Transportation shall transmit to Congress the annual report
on new starts, proposed allocations of funds for fiscal year 2006:
Provided further, That the amount herein appropriated shall be
reduced by $20,000 per day for each day after initial submission
of the President’s budget that the report has not been submitted
to the Congress.
FORMULA GRANTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105–178,
$504,022,000, to remain available until expended: Provided, That
no more than $4,032,175,000 of budget authority shall be available
Reports.
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118 STAT. 3224
PUBLIC LAW 108–447—DEC. 8, 2004
for these purposes: Provided further, That notwithstanding any
other provision of law, $50,000,000 of the funds to carry out 49
U.S.C. 5308 shall be transferred to and merged with funding pro-
vided for the replacement, rehabilitation, and purchase of buses
and related equipment and the construction of bus-related facilities
under ‘‘Federal Transit Administration, Capital investment grants’’.
UNIVERSITY TRANSPORTATION RESEARCH
For necessary expenses to carry out 49 U.S.C. 5505, $750,000,
to remain available until expended: Provided, That no more than
$6,000,000 of budget authority shall be available for these purposes.
TRANSIT PLANNING AND RESEARCH
For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $16,000,000,
to remain available until expended: Provided, That no more than
$128,000,000 of budget authority shall be available for these pur-
poses: Provided further, That $5,250,000 is available to provide
rural transportation assistance (49 U.S.C. 5311(b)(2)), $4,000,000
is available to carry out programs under the National Transit
Institute (49 U.S.C. 5315), $8,250,000 is available to carry out
transit 
cooperative 
research 
programs 
(49 
U.S.C. 
5313(a)),
$60,385,600 is available for metropolitan planning (49 U.S.C. 5303,
5304, and 5305), $12,614,400 is available for State planning (49
U.S.C. 5313(b)); and $37,500,000 is available for the national plan-
ning and research program (49 U.S.C. 5314).
TRUST FUND SHARE OF EXPENSES
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303–5308, 5310–
5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038
of Public Law 105–178, $6,744,500,000, to remain available until
expended, and to be derived from the Mass Transit Account of
the Highway Trust Fund: Provided, That $3,528,153,000 shall be
paid to the Federal Transit Administration’s formula grants
account: Provided further, That $112,000,000 shall be paid to the
Federal Transit Administration’s transit planning and research
account: Provided further, That $68,250,000 shall be paid to the
Federal Transit Administration’s administrative expenses account:
Provided further, That $5,250,000 shall be paid to the Federal
Transit 
Administration’s 
university 
transportation 
research
account: Provided further, That $109,375,000 shall be paid to the
Federal Transit Administration’s job access and reverse commute
grants program: Provided further, That $2,921,472,000 shall be
paid to the Federal Transit Administration’s capital investment
grants account.
CAPITAL INVESTMENT GRANTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $417,353,000, to remain available until expended:
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118 STAT. 3225
PUBLIC LAW 108–447—DEC. 8, 2004
Provided, That no more than $3,338,825,000 of budget authority
shall be available for these purposes: Provided further, That there
shall be available for fixed guideway modernization, $1,214,400,000;
there shall be available for the replacement, rehabilitation, and
purchase of buses and related equipment and the construction
of 
bus-related 
facilities, 
$675,000,000, 
which 
shall 
include
$50,000,000 made available under 5309(m)(3)(C) of this title, plus
$50,000,000 transferred from ‘‘Federal Transit Administration, For-
mula Grants’’; and there shall be available for new fixed guideway
systems $1,449,425,000, with $3,591,548 in unobligated balances
made available in Public Law 106–346, and $22,554,144 in unobli-
gated balances made available in Public Law 107–87, to be available
as follows:
Atlanta, Georgia/North Springs (North Line Extension),
$265,410.
Baltimore, Maryland, Central Light Rail Double Track,
$29,010,000.
Birmingham-Transit Corridor, Alabama, $1,000,000.
Boston, Massachusetts, Silver Line III, $3,000,000.
Capital Metro-Bus Rapid Transit, Texas, $1,000,000.
CATRAIL RTC Rail Project, Nevada, $1,000,000.
Charlotte, North Carolina, South Corridor Light Rail
Project, $30,000,000.
Chicago, 
Illinois, 
Douglas 
Branch 
Reconstruction,
$85,000,000.
Chicago, Illinois, Ravenswood Line Extension, $40,000,000.
Cleveland, Ohio, Euclid Corridor Transportation Project,
$25,000,000.
Dallas, Texas NW/SE Extension, $8,500,000.
Denver, Colorado, Southeast Corridor LRT, $80,000,000.
Dulles 
Corridor 
Rapid 
Transit 
Project, 
Virginia,
$25,000,000.
Fort Lauderdale, Florida, South Florida Commuter Rail
Upgrades, $11,409,506.
Harrisburg, 
Pennsylvania, 
Corridor 
One 
Rail 
MOS,
$2,000,000.
Hawaii and Alaska Ferry Boats, $10,296,000.
Houston Advanced Metro Transit Plan, Texas, $8,500,000.
I–5/I–205/SR50, Transit Loop, Washington and Oregon,
$1,500,000.
Las Vegas, Nevada, Resort Corridor Fixed Guideway
Project, $30,000,000.
Little Rock River Rail, Arkansas, $3,500,000.
Los Angeles, California/MOS3 Metro Rail (North Holly-
wood), $675,103.
Los Angeles, California, Eastside Light Rail Transit Project,
$60,000,000.
Los Angeles, California, Gold Line Foothill Extension,
$500,000.
Metra Commuter Rail Expansions and Extensions, Illinois,
$52,000,000.
Minneapolis, Minnesota, Hiawatha Light Rail Project,
$33,698,453.
Minneapolis, Minnesota, Northstar Commuter Rail Project,
$5,000,000.
Nashville, Tennessee, East Corridor Commuter Rail,
$2,000,000.
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PUBLIC LAW 108–447—DEC. 8, 2004
New Jersey Trans-Hudson Midtown Corridor, $1,200,000.
New Orleans, Louisiana, Canal Street Corridor Project,
$16,747,023.
New York, New York Long Island Rail Road East Side
Access, $100,000,000.
Norfolk, Virginia, Light Rail Transit Project, $2,000,000.
Northern New Jersey Hudson-Bergen Light Rail MOS2,
$100,000,000.
Northern New Jersey Newark Rail Link MOS 1, $319,463.
Northern New Jersey Newark-Elizabeth Rail Line MOS1,
$1,365,876.
Philadelphia, Pennsylvania, Schuylkill Valley MetroRail,
$10,000,000.
Phoenix, Arizona, Central Phoenix/East Valley Light Rail,
$75,000,000.
Pittsburgh, Pennsylvania, North Shore Light Rail Con-
nector, $55,000,000.
Pittsburgh, Pennsylvania, Stage II Light Rail, $1,140,792.
Portland, Oregon, Interstate Max Light Rail Extension,
$23,480,000.
Raleigh, North Carolina, Triangle Transit Authority
Regional Rail Project, $20,000,000.
Rhode 
Island 
Integrated 
Commuter 
Rail 
Project,
$6,000,000.
Regional Commuter Rail (Weber County to Salt Lake City),
Utah, $8,000,000.
Salt Lake City, Utah/CBD to University LRT, $1,147,398.
Salt Lake City, Utah/Medical Center Extension, $8,836,110.
San Diego, California, Mid-Coast Light Rail Extension,
$1,000,000.
San Diego, California, Mission Valley East Light Rail
Extension, $81,640,000.
San Diego, California, Oceanside-Escondido Rail Corridor,
$55,000,000.
San Francisco, California, BART Extension to San Fran
International Airport, $100,000,000.
San Francisco, California, Muni Third Street Light Rail
Project, $10,000,000.
San Juan, Puerto Rico, Tren Urbano Rapid Transit System,
$44,620,000.
Santa Clara County, California, Silicon Valley Rapid
Transit Corridor Project, $2,500,000.
Seattle, 
Washington, 
Central 
Link 
Initial 
Segment,
$80,000,000.
Sound Transit Sounder Commuter Rail, Lakewood to
Nisqually, Washington, $4,000,000.
South Shore Commuter Rail, Indiana, $2,500,000.
St. Louis, Missouri/Metrolink St. Clair Extension, $60,436.
Stamford, 
Connecticut 
Urban 
Transitway, 
Phase 
2,
$3,000,000.
Washington County, Oregon, Wilsonville to Beaverton Com-
muter Rail Project, $9,000,000.
Washington, DC/Largo Extension, Maryland, $76,770,615.
JOB ACCESS AND REVERSE COMMUTE GRANTS
For necessary expenses to carry out section 3037 of the Federal
Transit Act of 1998, $15,625,000, to remain available until
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118 STAT. 3227
PUBLIC LAW 108–447—DEC. 8, 2004
expended: Provided, That no more than $125,000,000 of budget
authority shall be available for these purposes: Provided further,
That up to $300,000 of the funds provided under this heading
may be used by the Federal Transit Administration for technical
assistance and support and performance reviews of the Job Access
and Reverse Commute Grants program.
GENERAL PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made avail-
able by this Act under ‘‘Federal Transit Administration, Capital
investment grants’’ for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30,
2007, and other recoveries, shall be made available for other projects
under 49 U.S.C. 5309.
SEC. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2004, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 163. None of the funds in this Act shall be available
to any Federal transit grantee after February 1, 2004, involved
directly or indirectly, in any activity that promotes the legalization
or medical use of any substance listed in schedule I of section
202 of the Controlled Substances Act (21 U.S.C. 812 et seq.).
SEC. 164. From unobligated balances in the Federal Transit
Administration’s Discretionary Grants account, not to exceed
$72,792,311 shall be transferred as follows: to the Federal Transit
Administration’s 
Formula 
Grants 
account, 
not 
to 
exceed
$42,190,828; and to the Interstate Transfer Grants—Transit
account, not to exceed $30,601,483: Provided, That these unobli-
gated balances are used, together with Formula Grant funds that
are available for reapportionment in such account, to restore obliga-
tion authority reduced due to a prior deficiency.
SEC. 165. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B)
may be used to construct new vessels and facilities, or to improve
existing vessels and facilities, including both the passenger and
vehicle-related elements of such vessels and facilities, and for repair
facilities: Provided, That not more than $3,000,000 of the funds
made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used
by the State of Hawaii to initiate and operate a passenger ferryboat
services demonstration project to test the viability of different intra-
island and inter-island ferry boat routes and technology: Provided
further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made
available for Alaska or Hawaii ferry boats may be used to acquire
passenger ferry boats and to provide passenger ferry transportation
services within areas of the State of Hawaii under the control
or use of the National Park Service.
SEC. 166. Notwithstanding any other provision of law, unobli-
gated funds made available for a new fixed guideway systems
projects under the heading ‘‘Federal Transit Administration, Capital
Investment Grants’’ in any appropriations act prior to this Act
49 USC 5338
note.
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118 STAT. 3228
PUBLIC LAW 108–447—DEC. 8, 2004
may be used during this fiscal year to satisfy expenses incurred
for such projects.
SEC. 167. The Secretary shall continue the pilot program
authorized under section 166 of the Consolidated Appropriations
Act, 2004, Public Law 108–199; 118 Stat. 309, for cooperative
procurement of major capital equipment under sections 5307, 5309,
and 5311. The program shall be administered as required under
subsections (b) through (g) of section 166, except that there shall
be five pilot projects: Provided, That the Secretary shall evaluate
all proposals based on selection criteria set forth in the announce-
ment of the program and request for proposals (Federal Register
Notice—Vol. 69, No. 120, Page 35127, June 23, 2004). All proposed
projects shall be evaluated and the proposing party shall receive
notification of acceptance or denial by no later than 90 days after
the Secretary receives a request for review of a proposed project:
Provided further, That not later than 30 days after delivery of
the base order under each of the five pilot projects, the Secretary
shall submit to the House and Senate Committees on Appropria-
tions a report on the results of that pilot project. Each report
shall evaluate any savings realized through the cooperative procure-
ment and the benefits of incorporating cooperative procurement,
as shown by that project, into the mass transit program as a
whole.
SEC. 168. Amounts made available under chapter 53 of title
49, United States Code, and section 1108 of Public Law 102–
240 to the Port Authority of Allegheny County for the Airport
Busway/Wabash HOV Facility project that remain unexpended may
be used by the Port Authority for the purchase of buses and bus-
related equipment in accordance with 49 U.S.C. 5309.
SEC. 169. Notwithstanding any other provision of law, any
unobligated funds made available under the bus category of the
Capital Investment Account in prior fiscal year Appropriations Act
for the Greater New Haven Transit District Fuel Cell and Electric
Bus project or CNG/alternative fuel vehicle project shall be trans-
ferred to and administered under the Transit Planning and
Research account, subject to such terms and conditions as the
Secretary deems appropriate.
SEC. 170. Notwithstanding any other provision of law, any
unobligated funds made available to the Matanuska Susitna Bor-
ough under ‘‘Federal Transit Administration, Buses and Bus Facili-
ties’’ shall be available for expenditure on ferry boat and ferry
facilities and related expenses as part of the Port MacKenzie Inter-
modal Facility project.
SEC. 171. Notwithstanding any other provision of law,
$8,900,000 of the funds made available under the new fixed guide-
way systems category of the Capital Investment Grants account
in Public Law 107–87 for the ‘‘Honolulu, Hawaii, bus rapid transit
project’’ shall be made available to the city and county of Honolulu
for replacement, rehabilitation, and purchase of buses and related
equipment and the construction of bus-related facilities under 49
U.S.C. 5309 and shall remain available to the city and county
of Honolulu for those purposes until expended: Provided, That any
remaining unobligated balance from said project in Public Law
107–87 shall be transferred for any eligible activity under title
23, United States Code, and administered under that title, for
use on improvements to the Kapolei Interchange Complex and
shall remain available until expended: Provided further, That funds
Deadline.
Reports.
Notification.
Deadline.
49 USC 5307
note.
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118 STAT. 3229
PUBLIC LAW 108–447—DEC. 8, 2004
made available in Public Law 108–10 for ‘‘Hawaii: BRT Systems,
Appurtenances and Facilities’’ shall be generally available for bus
and bus facilities by the city and county of Honolulu.
SEC. 172. Notwithstanding any other provision of law, the
Navy may receive funds from the State of Hawaii for the procure-
ment of passenger ferry boats to provide passenger ferry transpor-
tation services for the Arizona War Memorial.
SEC. 173. The Federal Transit Administration is directed to
comply with section 3042 of the Federal Transit Act of 1998 (Public
Law 105–178, as amended; 112 Stat. 338) and is further directed
to comply with the associated Committee report language contained
in House Report 108–401, accompanying H.R. 2673, pages 997–
998.
SEC. 174. Hereafter, notwithstanding any other provision of
law, for the purpose of calculating the non-New Starts share of
the total project cost of both phases of San Francisco Muni’s Third
Street Light Rail Transit project, the Secretary of Transportation
shall include all non-New Starts contributions made towards Phase
1 of the two-phase project for engineering, final design and construc-
tion, and also shall allow non-New Starts funds expended on one
element or phase of the project to be used to meet the non-New
Starts share requirement of any element or phase of the project:
Provided further, That none of the funds provided in this Act
for the San Francisco Muni Third Street Light Rail Transit Project
shall be obligated if the Federal Transit Administration determines
that the project is found to be ‘‘not recommended’’ after evaluation
and computation of revised transportation system user benefit data.
SEC. 175. Funds made available for the Burlington-Bennington,
Vermont Commuter Rail project in Public Law 106–346, the Bur-
lington-Middlebury, Vermont Commuter Rail project and Vermont
Transportation Authority Rolling Stock in Public Law 108–7 that
remain unobligated, and funds made available for the Burlington-
Essex, Vermont commuter rail project in Public Laws 105–277
and 105–66 that remain unexpended shall be transferred to the
Federal Railroad Administration and made available to upgrade
and improve the publicly-owned Vermont Rail Infrastructure from
Bennington to Burlington with a northern terminus in Essex Junc-
tion: Provided, That the Federal share shall be 80 percent of the
total cost of the project and funds shall remain available until
expended.
SEC. 176. Notwithstanding any other provision of law, any
unobligated funds designated to the Oklahoma Transit Association
on pages 1305 through 1307 of the Joint Explanatory Statement
of the Committee of Conference for Public Law 108–7 may be
made available to the Metropolitan Tulsa Transit Authority and
the Central Oklahoma Transportation and Parking Authority for
any project or activity authorized under section 3037 of Public
Law 105–178 upon receipt of an application.
SEC. 177. Notwithstanding 49 U.S.C. 5336, any funds remaining
available under Federal Transit Administration grant numbers NY–
03–345–00, NY–03–0325–00, NY–03–0405, NY–90–X398–00, NY–
90–X373–00, NY–90–X418–00, NY–90–X465–00 together with an
amount not to exceed $19,200,000 in urbanized area formula funds
that were allocated by the New York Metropolitan Transportation
Council to the New York City Department of Transportation as
a designated recipient under 49 U.S.C. 5307 may be made available
to the New York Metropolitan Transportation Authority for eligible
Compliance.
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118 STAT. 3230
PUBLIC LAW 108–447—DEC. 8, 2004
capital projects authorized under 49 U.S.C. 5307 and 5309 subject
to the agreements, obligations, and responsibilities as set forth
in the contracts of assistance applicable to these grants.
SEC. 178. Hereafter, fixed guideway extensions and new seg-
ments included in Metropolitan Transit Authority of Harris County,
Texas, resolutions 2003–77 and 2003–93, and approved by the voters
on November 4, 2003, shall be considered as the preferred alter-
natives for purposes of 49 U.S.C. 5390(e)(1)(A), 23 CFR 771.123,
and 49 CFR 611.7.
SEC. 179. Of the funds made available under the heading
‘‘Federal Transit Administration—Discretionary Grants’’ in Public
Laws 102–388 and 103–122 for the Hawthorne-Warwick Commuter
Rail Project, $4,000,000 shall be available for the Scranton, Pennsyl-
vania, NY City Rail Service Fixed Guideway Project to be carried
out in accordance with 49 U.S.C. 5309, $1,100,000 shall be made
available to study the feasibility of utilizing diesel multiple unit
rolling stock on MOS–3 of the Hudson Bergen Light Rail Transit
System to be carried out in accordance with 49 U.S.C. 5309, and
$6,000,000 shall be transferred to the Federal Railroad Administra-
tion and made available for the New York and Susquehanna and
Western Rail Road Diesel Multiple Unit Compliance and Dem-
onstration Project to be carried out under terms and conditions
as determined by the Secretary: Provided, That the Federal share
shall be 80 percent of the net project cost of that demonstration
project and funds for that project shall remain available until
expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commit-
ments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation’s budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained
by 
the 
Saint 
Lawrence 
Seaway 
Development 
Corporation,
$15,900,000, to be derived from the Harbor Maintenance Trust
Fund, pursuant to Public Law 99–662: Provided, That, of this
amount, $1,500,000 shall be for the concrete replacement project
and related expenses at the Eisenhower and Snell Locks.
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $98,700,000, to remain available until expended.
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118 STAT. 3231
PUBLIC LAW 108–447—DEC. 8, 2004
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $109,478,000, of which $23,753,000 shall remain
available until September 30, 2005, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$13,138,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy;
and of which $8,090,000 shall remain available until expended
for the State Maritime Schools Schoolship Maintenance and Repair.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete ves-
sels in the National Defense Reserve Fleet of the Maritime Adminis-
tration, $21,616,000, to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the guaranteed loan
program, not to exceed $4,764,000, which shall be transferred to
and merged with the appropriation for Operations and Training:
Provided, That of the $25,000,000 authorized for the cost of guaran-
teed loans in chapter 10 of Public Law 108–11, Making Emergency
Wartime Supplemental Appropriations for the Fiscal Year 2003,
and for Other Purposes, available until September 30, 2005, and
pursuant to the Department of Transportation Inspector General
report CR–2004–095 certifying that the recommendations of report
CR–2003–031 have been implemented to the Inspector General’s
satisfaction, up to $2,000,000 shall be used by the Department
of Transportation to develop a comprehensive computer based finan-
cial monitoring system.
NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM
For necessary expenses to carry out the program of financial
assistance for the construction of new product tank vessels as
authorized by section 53101 of title 46, United States Code, as
amended, $75,000,000, to remain available until expended.
SHIP CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this heading,
$1,979,000 are rescinded.
GENERAL PROVISIONS—MARITIME ADMINISTRATION
SEC. 180. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any lease,
contract, or occupancy involving Government property under control
of the Maritime Administration, and payments received therefore
shall be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
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118 STAT. 3232
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 181. No obligations shall be incurred during the current
fiscal year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the appropriations
and limitations contained in this Act or in any prior appropriations
Act.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
RESEARCH AND SPECIAL PROGRAMS
For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $47,115,000, of
which $645,000 shall be derived from the Pipeline Safety Fund,
and of which $3,425,000 shall remain available until September
30, 2007: Provided, That up to $1,200,000 in fees collected under
49 U.S.C. 5108(g) shall be deposited in the general fund of the
Treasury as offsetting receipts: Provided further, That there may
be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training,
for reports publication and dissemination, and for travel expenses
incurred in performance of hazardous materials exemptions and
approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$69,769,000, of which $15,000,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until Sep-
tember 30, 2007; of which $54,769,000 shall be derived from the
Pipeline Safety Fund, of which $23,105,000 shall remain available
until September 30, 2007: Provided further, That not less than
$1,000,000 of the funds provided under this heading shall be for
the one-call State grant program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,
to be derived from the Emergency Preparedness Fund, to remain
available until September 30, 2006: Provided, That not more than
$14,300,000 shall be made available for obligation in fiscal year
2005 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):
Provided further, That none of the funds made available by 49
U.S.C. 5116(i), 5127(c), and 5127(d) shall be made available for
obligation by individuals other than the Secretary of Transportation,
or his designee.
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118 STAT. 3233
PUBLIC LAW 108–447—DEC. 8, 2004
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $59,000,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties speci-
fied in the Inspector General Act, as amended (5 U.S.C. App.
3) to investigate allegations of fraud, including false statements
to the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department: Provided further, That
the funds made available under this heading shall be used to
investigate, pursuant to section 41712 of title 49, United States
Code: (1) unfair or deceptive practices and unfair methods of com-
petition by domestic and foreign air carriers and ticket agents;
and (2) the compliance of domestic and foreign air carriers with
respect to item (1) of this proviso.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $21,250,000: Pro-
vided, That notwithstanding any other provision of law, not to
exceed $1,050,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2005, to result in a final appropriation from the general
fund estimated at no more than $20,200,000.
GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION
(INCLUDING TRANSFERS OF FUNDS)
SEC. 185. During the current fiscal year applicable appropria-
tions to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department busi-
ness; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
SEC. 186. Appropriations contained in this Act for the Depart-
ment of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
SEC. 187. None of the funds in this Act shall be available
for salaries and expenses of more than 106 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
SEC. 188. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 189. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
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118 STAT. 3234
PUBLIC LAW 108–447—DEC. 8, 2004
2725(3)) obtained by a State department of motor vehicles in connec-
tion with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not with-
hold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
SEC. 190. Funds received by the Federal Highway Administra-
tion, Federal Transit Administration, and Federal Railroad
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training
may be credited respectively to the Federal Highway Administra-
tion’s ‘‘Federal-Aid Highways’’ account, the Federal Transit
Administration’s ‘‘Transit Planning and Research’’ account, and to
the Federal Railroad Administration’s ‘‘Safety and Operations’’
account, except for State rail safety inspectors participating in
training pursuant to 49 U.S.C. 20105.
SEC. 191. Notwithstanding any other provisions of law, rule
or regulation, the Secretary of Transportation is authorized to allow
the issuer of any preferred stock heretofore sold to the Department
to redeem or repurchase such stock upon the payment to the Depart-
ment of an amount determined by the Secretary.
SEC. 192. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any discre-
tionary grant award, letter of intent, or full funding grant agree-
ment totaling $1,000,000 or more is announced by the department
or its modal administrations from: (1) any discretionary grant pro-
gram of the Federal Highway Administration other than the emer-
gency relief program; (2) the airport improvement program of the
Federal Aviation Administration; or (3) any program of the Federal
Transit Administration other than the formula grants and fixed
guideway modernization programs: Provided, That no notification
shall involve funds that are not available for obligation.
SEC. 193. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the sub-
leasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
SEC. 194. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor under
a financial assistance award, which are recovered pursuant to law,
shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper pay-
ments; and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)—
(A) shall be credited to and merged with the appropria-
tion from which the improper payments were made, and
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118 STAT. 3235
PUBLIC LAW 108–447—DEC. 8, 2004
shall be available for the purposes and period for which
such appropriations are available; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided, That prior to the transfer of any such recovery
to an appropriations account, the Secretary shall notify
the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
That for purposes of this section, the term ‘‘improper pay-
ments’’, has the same meaning as that provided in section
2(d)(2) of Public Law 107–300.
SEC. 195. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding assist-
ance program from ‘‘Office of the Secretary, Salaries and expenses’’
to ‘‘Minority Business Outreach’’.
SEC. 196. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
SEC. 197. Funds provided in this Act for the Working Capital
Fund shall be reduced by $20,844,000, which limits fiscal year
2005 Working Capital Fund obligational authority for elements
of the Department of Transportation funded in this Act to no
more than $130,210,000: Provided, That such reductions from the
budget request shall be allocated by the Department of Transpor-
tation to each appropriations account in proportion to the amount
included in each account for the Working Capital Fund.
SEC. 198. For the purpose of any applicable law, for fiscal
years 2004 and 2005, the city of Norman, Oklahoma, shall be
considered to be part of the Oklahoma City urbanized area.
SEC. 199. Section 41716(b) of title 49, United States Code,
is amended by adding before the period at the end the following:
‘‘; except that the Secretary may grant not to exceed 4 additional
slot exemptions at LaGuardia Airport to an incumbent air carrier
operating at least 20 but not more than 28 slots at such airport
as of October 1, 2004, to provide air transportation between
LaGuardia Airport and a small hub airport or nonhub airport’’.
TITLE II
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex;
hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies
for, real properties leased or owned overseas, when necessary for
the performance of official business, $157,559,000, of which not
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118 STAT. 3236
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to exceed $7,274,000 for executive direction program activities; not
to exceed $7,200,000 for general counsel program activities; not
to exceed $31,657,000 for economic policies and programs activities;
not to exceed $26,072,000 for financial policies and programs activi-
ties; not to exceed $10,633,000 for terrorism and financial intel-
ligence policies and programs activities; not to exceed $16,760,000
for Treasury-wide management policies and programs activities;
not to exceed $57,963,000 for administration programs activities:
Provided, That the Secretary of the Treasury is authorized to
transfer funds appropriated for any program activity of the Depart-
mental Offices to any other program activity of the Departmental
Offices upon notification to the House and Senate Committees on
Appropriations: Provided further, That no appropriation for any
program activity shall be increased or decreased by more than
2.5 percent by all such transfers: Provided further, That any change
in funding greater than 2.5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided
further, That the funds identified within the administration pro-
gram activity to support the Office of Foreign Assets Control shall
be transferred to ‘‘Office of Foreign Assets Control’’: Provided fur-
ther, That this transfer authority shall be in addition to any other
provided in this Act: Provided further, That of the amount appro-
priated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2006, for information technology mod-
ernization requirements; not to exceed $100,000 for official reception
and representation expenses; and not to exceed $258,000 for unfore-
seen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury
and to be accounted for solely on his certificate: Provided further,
That of the amount appropriated under this heading, $3,393,000,
to remain available until September 30, 2006, is for the Treasury-
wide Financial Statement Audit Program, of which such amounts
as may be necessary may be transferred to accounts of the Depart-
ment’s offices and bureaus to conduct audits: Provided further,
That this transfer authority shall be in addition to any other
provided in this Act.
OFFICE OF FOREIGN ASSETS CONTROL
SALARIES AND EXPENSES
For necessary expenses of the Office of Foreign Assets Control,
$22,291,000: Provided, That the funding available shall support
no less than 138 full time equivalent positions.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the
Treasury, $32,260,000, to remain available until September 30,
2007: Provided, That these funds shall be transferred to accounts
and in amounts as necessary to satisfy the requirements of the
Department’s offices, bureaus, and other organizations: Provided
further, That this transfer authority shall be in addition to any
other transfer authority provided in this Act: Provided further,
That none of the funds appropriated shall be used to support
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118 STAT. 3237
PUBLIC LAW 108–447—DEC. 8, 2004
or supplement ‘‘Internal Revenue Service, Information Systems’’
or ‘‘Internal Revenue Service, Business Systems Modernization’’.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed
$100,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Inspector
General of the Treasury, $16,500,000, of which not to exceed $2,500
shall be available for official reception and representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase (not to exceed 150 for replace-
ment only for police-type use) and hire of passenger motor vehicles
(31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; not to exceed $6,000,000 for official travel expenses;
and not to exceed $500,000 for unforeseen emergencies of a confiden-
tial nature, to be allocated and expended under the direction of
the Inspector General for Tax Administration, $129,126,000; and
of which not to exceed $1,500 shall be available for official reception
and representation expenses.
AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air Transpor-
tation Safety and System Stabilization Act (Public Law 107–42),
$2,000,000, to remain available until expended.
TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION
For the repair, alteration, and improvement of the Treasury
Building and Annex, $12,316,000, to remain available until Sep-
tember 30, 2007.
EXPANDED ACCESS TO FINANCIAL SERVICES
(RESCISSION)
Of the unobligated balances available under this heading,
$4,000,000 are rescinded.
VIOLENT CRIME REDUCTION PROGRAM
(RESCISSION)
Of the unobligated balances available under this heading,
$1,200,000 are rescinded.
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118 STAT. 3238
PUBLIC LAW 108–447—DEC. 8, 2004
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel expenses
of non-Federal law enforcement personnel to attend meetings con-
cerned with financial intelligence activities, law enforcement, and
financial regulation; not to exceed $14,000 for official reception
and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $72,502,000,
of which $7,500,000 shall be available for BSA Direct; of which
not to exceed $7,000,000 shall remain available until September
30, 2007; and of which $8,354,000 shall remain available until
September 30, 2006: Provided, That funds appropriated in this
account may be used to procure personal services contracts: Pro-
vided further, That up to $350,000 of the funds under this heading
may be available for planning, sponsoring, administering, receiving,
and such other expenses as the Director deems necessary, including
reception and representation expenses, to host the 2005 Annual
Plenary of the Egmont Group.
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Financial Management Service,
$230,930,000, of which not to exceed $9,220,000 shall remain avail-
able until September 30, 2007, for information systems moderniza-
tion initiatives; and of which not to exceed $2,500 shall be available
for official reception and representation expenses.
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger motor
vehicles, $83,000,000; of which not to exceed $6,000 for official
reception and representation expenses; not to exceed $50,000 for
cooperative research and development programs for laboratory serv-
ices; and provision of laboratory assistance to State and local agen-
cies with or without reimbursement.
UNITED STATES MINT
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States
Mint Public Enterprise Fund for costs associated with the produc-
tion of circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments. The
aggregate amount of new liabilities and obligations incurred during
fiscal year 2005 under such section 5136 for circulating coinage
and protective service capital investments of the United States
Mint shall not exceed $24,000,000.
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118 STAT. 3239
PUBLIC LAW 108–447—DEC. 8, 2004
BUREAU OF THE PUBLIC DEBT
ADMINISTERING THE PUBLIC DEBT
For necessary expenses connected with any public-debt issues
of the United States, $179,566,000, of which not to exceed $2,500
shall be available for official reception and representation expenses,
and of which not to exceed $2,000,000 shall remain available until
expended for systems modernization: Provided, That the sum appro-
priated herein from the General Fund for fiscal year 2005 shall
be reduced by not more than $4,400,000 as definitive security
issue fees and Treasury Direct Investor Account Maintenance fees
are collected, so as to result in a final fiscal year 2005 appropriation
from the general fund estimated at $175,166,000. In addition,
$60,000 to be derived from the Oil Spill Liability Trust Fund
to reimburse the Bureau for administrative and personnel expenses
for financial management of the Fund, as authorized by section
1012 of Public Law 101–380.
INTERNAL REVENUE SERVICE
PROCESSING, ASSISTANCE, AND MANAGEMENT
For necessary expenses of the Internal Revenue Service for
pre-filing taxpayer assistance and education, filing and account
services, shared services support, general management and
administration; and services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$4,089,574,000, of which up to $4,100,000 shall be for the Tax
Counseling for the Elderly Program, of which $8,000,000 shall
be available for low-income taxpayer clinic grants, and of which
not to exceed $25,000 shall be for official reception and representa-
tion expenses.
TAX LAW ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation sup-
port; conducting criminal investigation and enforcement activities;
securing unfiled tax returns; collecting unpaid accounts; conducting
a document matching program; resolving taxpayer problems
through prompt identification, referral and settlement; expanded
customer service and public outreach programs, strengthened
enforcement activities, and enhanced research efforts to reduce
erroneous filings associated with the earned income tax credit;
compiling statistics of income and conducting compliance research;
purchase (for police-type use, not to exceed 850) and hire of pas-
senger motor vehicles (31 U.S.C. 1343(b)); and services as author-
ized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $4,398,729,000, of which not to exceed
$1,000,000 shall remain available until September 30, 2007, for
research: Provided, That up to $10,000,000 may be transferred
as necessary from this account to the IRS Processing, Assistance,
and Management appropriation or the IRS Information Systems
appropriation solely for the purposes of management of the Earned
Income Tax Credit compliance program and to reimburse the Social
Security Administration for the cost of implementing section 1090
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118 STAT. 3240
PUBLIC LAW 108–447—DEC. 8, 2004
of the Taxpayer Relief Act of 1997 (Public Law 105–33): Provided
further, That this transfer authority shall be in addition to any
other transfer authority provided in this Act.
INFORMATION SYSTEMS
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $1,590,492,000, of which
$200,000,000 shall remain available until September 30, 2006.
BUSINESS SYSTEMS MODERNIZATION
For necessary expenses of the Internal Revenue Service,
$205,000,000, to remain available until September 30, 2007, for
the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisi-
tions, including contractual costs associated with operations author-
ized by 5 U.S.C. 3109: Provided, That none of these funds may
be obligated until the Internal Revenue Service submits to the
Committees on Appropriations, and such Committees approve, a
plan for expenditure that: (1) meets the capital planning and invest-
ment control review requirements established by the Office of
Management and Budget, including Circular A–11 part 3; (2) com-
plies with the Internal Revenue Service’s enterprise architecture,
including the modernization blueprint; (3) conforms with the
Internal Revenue Service’s enterprise life cycle methodology; (4)
is approved by the Internal Revenue Service, the Department of
the Treasury, and the Office of Management and Budget; (5) has
been reviewed by the Government Accountability Office; and (6)
complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Govern-
ment.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107–
210), $34,841,000.
GENERAL PROVISIONS—INTERNAL REVENUE SERVICE
SEC. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to
exceed 3 percent of appropriations under the heading ‘‘Tax Law
Enforcement’’ may be transferred to any other Internal Revenue
Service appropriation upon the advance approval of the Committees
on Appropriations.
SEC. 202. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers’ rights, in dealing courteously
with the taxpayers, and in cross-cultural relations.
SEC. 203. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the confiden-
tiality of taxpayer information.
26 USC 6103
note.
26 USC 7804
note.
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118 STAT. 3241
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 204. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facili-
ties and increased manpower to provide sufficient and effective
1–800 help line service for taxpayers. The Commissioner shall con-
tinue to make the improvement of the Internal Revenue Service
1–800 help line service a priority and allocate resources necessary
to increase phone lines and staff to improve the Internal Revenue
Service 1–800 help line service.
GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY
SEC. 210. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
SEC. 211. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices—Salaries and
Expenses, Office of Inspector General, Financial Management
Service, Alcohol and Tobacco Tax and Trade Bureau, Financial
Crimes Enforcement Network, and Bureau of the Public Debt, may
be transferred between such appropriations upon the advance
approval of the Committees on Appropriations: Provided, That no
transfer may increase or decrease any such appropriation by more
than 2 percent.
SEC. 212. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be trans-
ferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease
any such appropriation by more than 2 percent.
SEC. 213. Of the funds available for the purchase of law enforce-
ment vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with Departmental vehicle management prin-
ciples: Provided, That the Secretary may delegate this authority
to the Assistant Secretary for Management.
SEC. 214. None of the funds appropriated in this Act or other-
wise available to the Department of the Treasury or the Bureau
of Engraving and Printing may be used to redesign the $1 Federal
Reserve note.
SEC. 215. The Secretary of the Treasury may transfer funds
from ‘‘Financial management service, salaries and expenses’’ to
‘‘Debt services’’ as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries
and expenses account from debt collections received in the Debt
Services Account.
SEC. 216. Section 122(g)(1) of Public Law 105–119 (5 U.S.C.
3104 note), is further amended by striking ‘‘6 years’’ and inserting
‘‘7 years’’.
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118 STAT. 3242
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 217. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the explicit
approval of the House Committee on Financial Services and the
Senate Committee on Banking, Housing, and Urban Affairs.
SEC. 218. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Com-
mittee on Banking, Housing, and Urban Affairs; the House Com-
mittee on Appropriations; and the Senate Committee on Appropria-
tions.
SEC. 219. Section 101(f) of the Treasury Department Appropria-
tions Act, 1997 (division A of Public Law 104–208), as amended,
is further amended by striking ‘‘hereby’’ and ‘‘until October 1,
2004,’’ and inserting ‘‘Hereafter’’ before the phrase ‘‘there is estab-
lished’’.
SEC. 220. (a) Section 3333 of title 31, United States Code,
is amended as follows:
(1) By revising paragraph (a)(1) to read as follows:
‘‘(a)(1) The Secretary of the Treasury is not liable for a payment
made by the Secretary or depositary in due course and without
negligence, of—
‘‘(A) a check, draft, or warrant drawn on the Treasury
or the depositary;
‘‘(B) an electronic payment issued by the Treasury or the
depositary; and
‘‘(C) a debt obligation guaranteed or assumed by the United
States Government.’’;
(2) By inserting after paragraph (a)(2) the following new para-
graph:
‘‘(3) The amount of the relief shall be charged to the Check
Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment
of a loss for which replacement is made out of the fund shall
be credited to the fund and is available for the purposes for which
the fund was established.’’.
(b) The Check Forgery Insurance Fund (31 U.S.C. 3343) shall
be available to fund amounts relating to the payment of items
listed in 31 U.S.C. 3333(a)(1), as amended above, prior to the
enactment of this Act.
SEC. 221. Not later than 60 days after enactment of this Act,
the Secretary of the Treasury shall submit to the Committees
on Appropriations a report describing how statutory provisions
addressing currency manipulation by America’s trading partners
contained in, and relating to, title 22 U.S.C. 5304, 5305, and 286y
can be better clarified administratively to provide for improved
and more predictable evaluation, and to enable the problem of
currency manipulation to be better understood by the American
people and the Congress.
SEC. 222. TERRORISM AND FINANCIAL INTELLIGENCE. (a) IN GEN-
ERAL.—Subchapter I of chapter 3 of title 31, United States Code,
is amended by adding at the end the following:
Deadline.
Reports.
31 USC 3343
note.
31 USC 501 note.
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118 STAT. 3243
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘§ 313. Terrorism and financial intelligence
‘‘(a) OFFICE
OF TERRORISM
AND FINANCIAL INTELLIGENCE.—
‘‘(1) ESTABLISHMENT.—There is established within the
Department of the Treasury the Office of Terrorism and Finan-
cial Intelligence (in this section referred to as ‘OTFI’), which
shall be the successor to any such office in existence on the
date of enactment of this section.
‘‘(2) LEADERSHIP.—
‘‘(A) UNDERSECRETARY.—There is established within
the Department of the Treasury, the Office of the Undersec-
retary for Terrorism and Financial Crimes, who shall serve
as the head of the OTFI, and shall report to the Secretary
of the Treasury through the Deputy Secretary of the
Treasury. The Office of the Undersecretary for Terrorism
and Financial Crimes shall be the successor to the Office
of the Undersecretary for Enforcement.
‘‘(B) APPOINTMENT.—The Undersecretary for Terrorism
and Financial Crimes shall be appointed by the President,
by and with the advice and consent of the Senate.
‘‘(3) ASSISTANT SECRETARY FOR TERRORIST FINANCING.—
‘‘(A) ESTABLISHMENT.—There is established within the
OTFI the position of Assistant Secretary for Terrorist
Financing.
‘‘(B) APPOINTMENT.—The Assistant Secretary for Ter-
rorist Financing shall be appointed by the President, by
and with the advice and consent of the Senate.
‘‘(C) DUTIES.—The Assistant Secretary for Terrorist
Financing shall be responsible for formulating and coordi-
nating the counter terrorist financing and anti-money laun-
dering efforts of the Department of the Treasury, and shall
report directly to the Undersecretary for Terrorism and
Financial Crimes.
‘‘(4) FUNCTIONS.—The functions of the OTFI include pro-
viding policy, strategic, and operational direction to the Depart-
ment on issues relating to—
‘‘(A) implementation of titles I and II of the Bank
Secrecy Act;
‘‘(B) United States economic sanctions programs;
‘‘(C) combating terrorist financing;
‘‘(D) combating financial crimes, including money laun-
dering, counterfeiting, and other offenses threatening the
integrity of the banking and financial systems;
‘‘(E) other enforcement matters;
‘‘(F) those intelligence analysis and coordination func-
tions described in subsection (b); and
‘‘(G) the security functions and programs of the Depart-
ment of the Treasury.
‘‘(5) REPORTS TO CONGRESS ON PROPOSED MEASURES.—The
Undersecretary for Terrorism and Financial Crimes and the
Assistant Secretary for Terrorist Financing shall report to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives not later than 72 hours after proposing
by rule, regulation, order, or otherwise, any measure to reorga-
nize the structure of the Department for combatting money
laundering and terrorist financing, before any such proposal
becomes effective.
Establishment.
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118 STAT. 3244
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(6) OTHER
OFFICES
WITHIN
OTFI.—Notwithstanding any
other provision of law, the following offices of the Department
of the Treasury shall be within the OTFI:
‘‘(A) The Office of the Assistant Secretary for Intel-
ligence and Analysis, which shall report directly to the
Undersecretary for Terrorism and Financial Crimes.
‘‘(B) The Office of the Assistant Secretary for Terrorist
Financing, which shall report directly to the Undersecre-
tary for Terrorism and Financial Crimes.
‘‘(C) The Office of Foreign Assets Control (in this sec-
tion referred to as the ‘OFAC’), which shall report directly
to the Undersecretary for Terrorism and Financial Crimes.
‘‘(D) The Executive Office for Asset Forfeiture, which
shall report to the Undersecretary for Terrorism and Finan-
cial Crimes.
‘‘(E) The Office of Intelligence and Analysis (in this
section referred to as the ‘OIA’), which shall report to
the Assistant Secretary for Intelligence and Analysis.
‘‘(F) The Office of Terrorist Financing, which shall
report to the Assistant Secretary for Terrorist Financing.
‘‘(7) FINCEN.—
‘‘(A) REPORTING TO UNDERSECRETARY.—The Financial
Crimes Enforcement Network (in this section referred to
as ‘FinCEN’), a bureau of the Department of the Treasury,
shall report to the Undersecretary for Terrorism and Finan-
cial Crimes. The Undersecretary for Terrorism and Finan-
cial Crimes may not redelegate its reporting authority over
FinCEN.
‘‘(B) OFFICE
OF
COMPLIANCE.—There is established
within FinCEN, an Office of Compliance.
‘‘(b) OFFICE OF INTELLIGENCE AND ANALYSIS.—
‘‘(1) ASSISTANT SECRETARY FOR INTELLIGENCE AND ANAL-
YSIS.—The Assistant Secretary for Intelligence and Analysis
shall head the OIA.
‘‘(2) RESPONSIBILITIES.—The OIA shall be responsible for
the receipt, analysis, collation, and dissemination of intelligence
and counterintelligence information related to the operations
and responsibilities of the entire Department of the Treasury,
including all components and bureaus of the Department.
‘‘(3) PRIMARY FUNCTIONS.—The primary functions of the
OIA are—
‘‘(A) to build a robust analytical capability on terrorist
finance by coordinating and overseeing work involving
intelligence analysts in all components of the Department
of the Treasury, focusing on the highest priorities of the
Department, as well as ensuring that the existing intel-
ligence needs of the OFAC and FinCEN are met; and
‘‘(B) to provide intelligence support to senior officials
of the Department on a wide range of international eco-
nomic and other relevant issues.
‘‘(4) OTHER FUNCTIONS AND DUTIES.—The OIA shall—
‘‘(A) carry out the intelligence support functions that
are assigned, to the Office of Intelligence Support under
section 311 (pursuant to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004);
‘‘(B) serve in a liaison capacity with the intelligence
community; and
Establishment.
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‘‘(C) represent the Department in various intelligence
related activities.
‘‘(5) DUTIES OF THE ASSISTANT SECRETARY.—The Assistant
Secretary for Intelligence and Analysis shall serve as the Senior
Officer Intelligence Community, and shall represent the Depart-
ment in intelligence community fora, including the National
Foreign Intelligence Board committees and the Intelligence
Community Management Staff.
‘‘(c) DELEGATION.—To the extent that any authorities, powers,
and responsibilities over enforcement matters delegated to the
Undersecretary for Terrorism and Financial Crimes, or the positions
of Assistant Secretary for Terrorism and Financial Crimes, Assist-
ant Secretary for Enforcement and Operations, or Deputy Assistant
Secretary for Terrorist Financing and Financial Crimes, have not
been transferred to the Department of Homeland Security, the
Department of Justice, or the Assistant Secretary for Tax Policy
(related to the customs revenue functions of the Bureau of Alcohol
and Tobacco Tax and Trade), those remaining authorities, powers,
and responsibilities are delegated to the Undersecretary for Ter-
rorism and Financial Crimes.
‘‘(d) DESIGNATION AS ENFORCEMENT ORGANIZATION.—The Office
of Terrorism and Financial Intelligence (including any components
thereof) is designated as a law enforcement organization of the
Department of the Treasury for purposes of section 9703 of title
31, United States Code, and other relevant authorities.
‘‘(e) USE OF EXISTING RESOURCES.—The Secretary may employ
personnel, facilities, and other Department of the Treasury
resources available to the Secretary on the date of enactment of
this section in carrying out this section, except as otherwise prohib-
ited by law.
‘‘(f) REFERENCES.—References in this section to the ‘Secretary’,
‘Undersecretary’, ‘Deputy Secretary’, ‘Deputy Assistant Secretary’,
‘Office’, ‘Assistant Secretary’, and ‘Department’ are references to
positions and offices of the Department of the Treasury, unless
otherwise specified.’’.
(b) CONFORMING AMENDMENTS.—
(1) TITLE 31.—Section 311 of title 31, United States Code,
is amended—
(A) in subsection (a)—
(i) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; and
(ii) by inserting before paragraph (2), as so redesig-
nated, the following:
‘‘(1) be within the Office of Terrorism and Financial Intel-
ligence;’’; and
(B) in subsection (b), by striking ‘‘Enforcement’’ and
inserting ‘‘Terrorism and Financial Crimes’’.
(2) OTHER OFFICE ABOLISHED.—The Office of the Undersec-
retary for Enforcement of the Department of the Treasury,
established in accordance with section 103 of the Treasury
Department Appropriations Act, 1994 (Public Law 103–123)
is abolished, and all rights, duties, and responsibilities of that
office are transferred on the date of enactment of this Act
to the Office of the Undersecretary for Terrorism and Financial
Crimes of the Department of the Treasury in accordance with
this section and the amendments made by this section, except
31 USC 301 note.
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as otherwise specifically provided in this section or the amend-
ments made by this section, or other applicable law.
TITLE III
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
COMPENSATION OF THE PRESIDENT
For compensation of the President, including an expense allow-
ance at the rate of $50,000 per annum as authorized by 3 U.S.C.
102, $450,000: Provided, That none of the funds made available
for official expenses shall be expended for any other purpose and
any unused amount shall revert to the Treasury pursuant to section
1552 of title 31, United States Code.
WHITE HOUSE OFFICE
SALARIES AND EXPENSES
For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as author-
ized by 3 U.S.C. 105, which shall be expended and accounted
for as provided in that section; hire of passenger motor vehicles,
newspapers, periodicals, teletype news service, and travel (not to
exceed $100,000 to be expended and accounted for as provided
by 3 U.S.C. 103); and not to exceed $19,000 for official entertain-
ment expenses, to be available for allocation within the Executive
Office of the President, $62,000,000: Provided, That of the funds
appropriated under this heading, up to $9,975,000 shall be available
for reimbursements to the White House Communications Agency:
Provided further, That of the funds appropriated under this heading,
$2,475,000 shall be for the Homeland Security Council.
EXECUTIVE RESIDENCE AT THE WHITE HOUSE
OPERATING EXPENSES
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $12,760,000, to be
expended and accounted for as provided by 3 U.S.C. 105, 109,
110, and 112–114.
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law,
such amount for reimbursable operating expenses shall be the exclu-
sive authority of the Executive Residence to incur obligations and
to receive offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person sponsoring
a reimbursable political event to pay in advance an amount equal
3 USC 102 note.
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PUBLIC LAW 108–447—DEC. 8, 2004
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount
within 60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt
on a United States Government claim under section 3717 of title
31, United States Code: Provided further, That each such amount
that is reimbursed, and any accompanying interest and charges,
shall be deposited in the Treasury as miscellaneous receipts: Pro-
vided further, That the Executive Residence shall prepare and
submit to the Committees on Appropriations, by not later than
90 days after the end of the fiscal year covered by this Act, a
report setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including
the total amount of such expenses, the amount of such total that
consists of reimbursable official and ceremonial events, the amount
of such total that consists of reimbursable political events, and
the portion of each such amount that has been reimbursed as
of the date of the report: Provided further, That the Executive
Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
WHITE HOUSE REPAIR AND RESTORATION
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,900,000, to remain available
until expended, for required maintenance, safety and health issues,
and continued preventative maintenance.
COUNCIL OF ECONOMIC ADVISERS
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021), $4,040,000.
Procedures.
Deadline.
Reports.
Deadline.
Notice.
Deadline.
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OFFICE OF POLICY DEVELOPMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, $2,300,000.
NATIONAL SECURITY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109, $8,932,000.
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $92,269,000, of which
$12,075,000 shall remain available until expended for the Capital
Investment Plan for continued modernization of the information
technology infrastructure within the Executive Office of the Presi-
dent: Provided, That $4,000,000 of Capital Investment Plan funds
may not be obligated until the Executive Office of the President
has submitted a report to the Committees on Appropriations that
includes an Enterprise Architecture, as defined in OMB Circular
A–130 and the Federal Chief Information Officers Council guidance,
that is reviewed and approved by the Office of Management and
Budget, reviewed by the United States Government Accountability
Office, and approved by the Committees on Appropriations.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109 and to carry out the provisions
of chapter 35 of title 44, United States Code, $68,411,000, of which
not to exceed $1,500 shall be available for official representation
expenses: Provided, That, as provided in 31 U.S.C. 1301(a), appro-
priations shall be applied only to the objects for which appropria-
tions were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the
Office of Management and Budget may be used for the purpose
of reviewing any agricultural marketing orders or any activities
or regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further,
That none of the funds made available for the Office of Management
and Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for testimony
of officials of the Office of Management and Budget, before the
Committees on Appropriations or their subcommittees: Provided
further, That the preceding shall not apply to printed hearings
released by the Committees on Appropriations: Provided further,
That none of the funds appropriated in this Act may be available
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118 STAT. 3249
PUBLIC LAW 108–447—DEC. 8, 2004
to pay the salary or expenses of any employee of the Office of
Management and Budget who calculates, prepares, or approves
any tabular or other material that proposes the sub-allocation of
budget authority or outlays by the Committees on Appropriations
among their subcommittees: Provided further, That none of the
funds provided in this or prior Acts shall be used, directly or
indirectly, by the Office of Management and Budget, for evaluating
or determining if water resource project or study reports submitted
by the Chief of Engineers acting through the Secretary of the
Army are in compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource planning
process: Provided further, That the Office of Management and
Budget shall have not more than 60 days in which to perform
budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported. The Director of the Office of
Management and Budget shall notify the appropriate authorizing
and Appropriations Committees when the 60-day review is initiated.
If water resource reports have not been transmitted to the appro-
priate authorizing and appropriating committees within 15 days
of the end of the OMB review period based on the notification
from the Director, Congress shall assume OMB concurrence with
the report and act accordingly.
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701
et seq.); not to exceed $10,000 for official reception and representa-
tion expenses; and for participation in joint projects or in the
provision of services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or without
reimbursement, $27,000,000; of which $1,350,000 shall remain
available until expended for policy research and evaluation: Pro-
vided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Counterdrug Technology Assess-
ment Center for research activities pursuant to the Office of
National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C.
1701 et seq.), $42,000,000, which shall remain available until
expended, consisting of $18,000,000 for counternarcotics research
and development projects, and $24,000,000 for the continued oper-
ation of the technology transfer program: Provided, That the
$18,000,000 for counternarcotics research and development projects
shall be available for transfer to other Federal departments or
agencies.
21 USC 1702
note.
Notification.
Deadline.
Deadline.
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FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National Drug Control
Policy’s 
High 
Intensity 
Drug 
Trafficking 
Areas 
Program,
$228,350,000, for drug control activities consistent with the
approved strategy for each of the designated High Intensity Drug
Trafficking Areas, of which no less than 51 percent shall be trans-
ferred to State and local entities for drug control activities, which
shall be obligated within 120 days of the date of the enactment
of this Act: Provided, That up to 49 percent, to remain available
until September 30, 2006, may be transferred to Federal agencies
and departments at a rate to be determined by the Director, of
which not less than $2,000,000 shall be used for auditing services
and associated activities, and at least $500,000 of the $2,000,000
shall be used to develop and implement a data collection system
to measure the performance of the High Intensity Drug Trafficking
Areas Program: Provided further, That High Intensity Drug Traf-
ficking Areas Programs designated as of September 30, 2004, shall
be funded at no less than the fiscal year 2004 initial allocation
levels unless the Director submits to the Committees on Appropria-
tions, and the Committees approve, justification for changes in
those levels based on clearly articulated priorities for the High
Intensity Drug Trafficking Areas Programs, as well as published
Office of National Drug Control Policy performance measures of
effectiveness: Provided further, That a request shall be submitted
in compliance with the reprogramming guidelines to the Committees
on Appropriations for approval prior to the obligation of funds
of an amount in excess of the fiscal year 2005 budget request:
Provided further, That not to exceed $2,000,000 of the funds made
available under this heading in excess of the fiscal year 2005
budget request shall be available for the Consolidated Priority
Organization Target program.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of National
Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701
et seq.), $213,700,000, to remain available until expended, of which
the following amounts are available as follows: $120,000,000 to
support a national media campaign, as authorized by the Drug-
Free Media Campaign Act of 1998; $80,000,000 to continue a pro-
gram of matching grants to drug-free communities, of which
$2,000,000 shall be a directed grant to the Community Anti-Drug
Coalitions of America for the National Community Anti-Drug Coali-
tion Institute, as authorized in chapter 2 of the National Narcotics
Leadership Act of 1988, as amended; $2,000,000 for the Counterdrug
Intelligence Executive Secretariat; $750,000 for the National Drug
Court Institute; $1,000,000 for the National Alliance for Model
State Drug Laws; $7,500,000 for the United States Anti-Doping
Agency for anti-doping activities; $1,450,000 for the United States
membership dues to the World Anti-Doping Agency; and $1,000,000
Deadline.
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for evaluations and research related to National Drug Control Pro-
gram performance measures: Provided, That such funds may be
transferred to other Federal departments and agencies to carry
out such activities: Provided further, That of the amounts appro-
priated for a national media campaign, not to exceed 10 percent
shall be for administration, advertising production, research and
testing, labor and related costs of the national media campaign.
UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, secu-
rity, or defense which may arise at home or abroad during the
current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000.
SPECIAL ASSISTANCE TO THE PRESIDENT
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
106, including subsistence expenses as authorized by 3 U.S.C. 106,
which shall be expended and accounted for as provided in that
section; and hire of passenger motor vehicles, $4,571,000.
OFFICIAL RESIDENCE OF THE VICE PRESIDENT
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President,
to be accounted for solely on his certificate, $333,000: Provided,
That advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of carrying
out such activities.
TITLE IV
INDEPENDENT AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE
BOARD
SALARIES AND EXPENSES
For expenses necessary for the Architectural and Transpor-
tation Barriers Compliance Board, as authorized by section 502
of the Rehabilitation Act of 1973, as amended, $5,686,000: Provided,
That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
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ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Help America Vote
Act of 2002, $14,000,000, of which $2,800,000 shall be transferred
to the National Institute of Standards and Technology for election
reform activities authorized under the Help America Vote Act of
2002.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the Fed-
eral Election Campaign Act of 1971, as amended, $52,159,000,
of which no less than $4,700,000 shall be available for internal
automated data processing systems, and of which not to exceed
$5,000 shall be available for reception and representation expenses.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan Num-
bered 2 of 1978, and the Civil Service Reform Act of 1978, including
services authorized by 5 U.S.C. 3109, and including hire of experts
and consultants, hire of passenger motor vehicles, and rental of
conference rooms in the District of Columbia and elsewhere,
$25,673,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in
lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government service, and compensa-
tion as authorized by 5 U.S.C. 3109: Provided further, That notwith-
standing 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences
shall be credited to and merged with this account, to be available
without further appropriation for the costs of carrying out these
conferences.
(RESCISSION)
Of the unobligated balances under this heading from prior
year appropriations, $3,000,000 are rescinded.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. App. 1111), including services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901–5902, $19,496,000: Provided, That
not to exceed $2,000 shall be available for official reception and
representation expenses.
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PUBLIC LAW 108–447—DEC. 8, 2004
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
To carry out the purposes of the Fund established pursuant
to section 210(f) of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. 592), the revenues and collec-
tions deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased premises;
moving governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration 
of 
federally 
owned 
buildings 
including 
grounds,
approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition
of buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings
and sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or other-
wise; construction of new buildings (including equipment for such
buildings); and payment of principal, interest, and any other obliga-
tions for public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $7,217,043,000, of
which: (1) $708,542,000 shall remain available until expended for
construction (including funds for sites and expenses and associated
design and construction services) of additional projects at the fol-
lowing locations:
New Construction:
California:
Los Angeles, Federal Bureau of Investigation Facility,
$14,054,000.
Los Angeles, United States Courthouse, $314,385,000.
San Diego, United States Courthouse, $3,068,000.
District of Columbia:
Southeast 
Federal 
Center 
Site 
Remediation,
$2,650,000.
Illinois:
Chicago, 
10 
West 
Jackson 
Place 
(Purchase),
$53,170,000.
Maine:
Calais, Border Station, $3,269,000.
Madawaska, Border Station, $1,760,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $88,710,000.
Minnesota:
Warroad, Border Station, $1,837,000.
New Mexico:
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Las Cruces, United States Courthouse, $60,000,000.
New York:
Alexandria Bay, Border Station, $8,884,000.
Massena, Border Station, $15,000,000.
North Dakota:
Dunseith, Border Station, $2,301,000.
Portal, Border Station, $22,351,000.
Texas:
El Paso, Paso Del Norte Border Station, $26,191,000.
El Paso, United States Courthouse, $63,462,000.
El Paso, Ysleta Border Station, $2,491,000.
Vermont:
Derby Line, Border Station, $3,190,000.
Norton, Border Station, $580,000.
Richford, Border Station, $589,000.
Nonprospectus Construction, $10,000,000.
Judgment Fund repayment, $10,000,000:
Provided, That each of the foregoing limits of costs on new construc-
tion projects may be exceeded to the extent that savings are effected
in other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance
approval is obtained from the Committees on Appropriations of
a greater amount: Provided further, That all funds for direct
construction projects shall expire on September 30, 2006, and
remain in the Federal Buildings Fund except for funds for projects
as to which funds for design or other funds have been obligated
in whole or in part prior to such date; (2) $980,222,000 shall
remain available until expended for repairs and alterations, which
includes associated design and construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building, $5,000,000.
Federal Office Building 6, $8,267,000.
Hoover FBI Building, $10,242,000.
Mary E. Switzer Building, $80,335,000.
New Executive Office Building, $6,262,000.
Steam Distribution System, $2,000,000.
Theodore Roosevelt Building, $9,730,000.
Georgia:
Atlanta, Martin Luther King, Jr. Federal Building,
$14,800,000.
Atlanta, United States Court of Appeals, $32,004,000.
Hawaii:
Hilo, Federal Building, $5,133,000.
Louisiana:
New Orleans, Boggs Federal Building, $22,581,000.
New 
Orleans, 
Wisdom 
Courthouse 
of 
Appeals,
$8,005,000.
Maryland:
Baltimore, 
George 
H. 
Fallon 
Federal 
Building,
$46,163,000.
Suitland, National Record Center, $7,989,000.
Woodlawn, SSA Altmeyer Building, $6,300,000.
Minnesota:
St. Paul, Warren E. Burger Federal Building—Court-
house, $36,644,000.
Missouri:
Expiration date.
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118 STAT. 3255
PUBLIC LAW 108–447—DEC. 8, 2004
Kansas City, Richard Bolling Federal Building,
$40,048,000.
New York:
New York, Foley Square Courthouse, $2,505,000.
Queens, 
Joseph 
P. 
Addabbo 
Federal 
Building,
$5,455,000.
Ohio:
Cincinnati, Potter Stewart Courthouse, $37,975,000.
Cleveland, Celebreeze Federal Building, $37,375,000.
Washington:
Seattle, William Nakamura Courthouse, $50,210,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $13,000,000.
Energy Program, $30,000,000.
Glass Fragment Retention, $20,000,000.
Design Program, $48,699,000.
Basic Repairs and Alterations, $393,500,000:
Provided further, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identified
for each project, except each project in this or any previous Act
may be increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on Appropria-
tions of a greater amount: Provided further, That additional projects
for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ‘‘Repairs and Alterations’’
may be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum stand-
ards for security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate Committees
of the House and Senate: Provided further, That the difference
between the funds appropriated and expended on any projects in
this or any prior Act, under the heading ‘‘Repairs and Alterations’’,
may be transferred to Basic Repairs and Alterations or used to
fund authorized increases in prospectus projects: Provided further,
That all funds for repairs and alterations prospectus projects shall
expire on September 30, 2006, and remain in the Federal Buildings
Fund except funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to such
date: Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to pay
claims against the Government arising from any projects under
the heading ‘‘Repairs and Alterations’’ or used to fund authorized
increases in prospectus projects; (3) $161,442,000 for installment
acquisition payments including payments on purchase contracts
which shall remain available until expended; (4) $3,657,315,000
for rental of space which shall remain available until expended;
and (5) $1,709,522,000 for building operations which shall remain
available until expended: Provided further, That funds available
to the General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by the Public Buildings
Act of 1959, as amended, has not been approved, except that nec-
essary funds may be expended for each project for required expenses
for the development of a proposed prospectus: Provided further,
Expiration date.
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118 STAT. 3256
PUBLIC LAW 108–447—DEC. 8, 2004
That funds available in the Federal Buildings Fund may be
expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations: Provided further, That
notwithstanding any other provision of law, the Administrator of
General Services is authorized and directed to proceed with site
acquisition, design, and subject to availability of funds, construction
and management and inspection, of a new Federal Building in
Tuscaloosa, Alabama for which funds for site acquisition and design
were provided in Public Law 108–199: Provided further, That
amounts necessary to provide reimbursable special services to other
agencies under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.
592(b)(2)) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control as may be appro-
priate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues
and collections and any other sums accruing to this Fund during
fiscal year 2005, excluding reimbursements under section 210(f)(6)
of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 592(b)(2)) in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and shall
not be available for expenditure except as authorized in appropria-
tions Acts.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities 
relating 
to 
acquisition, 
telecommunications,
information technology management, and related technology activi-
ties; and services as authorized by 5 U.S.C. 3109, $62,100,000.
OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and dona-
tion of surplus personal property; disposal of real property; pro-
viding Internet access to Federal information and services; agency-
wide policy direction and management, and Board of Contract
Appeals; accounting, records management, and other support serv-
ices incident to adjudication of Indian Tribal Claims by the United
States Court of Federal Claims; services as authorized by 5 U.S.C.
3109; and not to exceed $7,500 for official reception and representa-
tion expenses, $92,175,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $42,351,000: Provided, That
not to exceed $15,000 shall be available for payment for information
and detection of fraud against the Government, including payment
for recovery of stolen Government property: Provided further, That
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118 STAT. 3257
PUBLIC LAW 108–447—DEC. 8, 2004
not to exceed $2,500 shall be available for awards to employees
of other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementa-
tion of innovative uses of the Internet and other electronic methods,
$3,000,000, to remain available until expended: Provided, That
these funds may be transferred to Federal agencies to carry out
the purposes of the Fund: Provided further, That this transfer
authority shall be in addition to any other transfer authority pro-
vided in this Act: Provided further, That such transfers may not
be made until 10 days after a proposed spending plan and justifica-
tion for each project to be undertaken has been submitted to the
Committees on Appropriations.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
(INCLUDING TRANSFER OF FUNDS)
For carrying out the provisions of the Act of August 25, 1958,
as amended (3 U.S.C. 102 note), and Public Law 95–138, $3,106,000:
Provided, That the Administrator of General Services shall transfer
to the Secretary of the Treasury such sums as may be necessary
to carry out the provisions of such Acts.
GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION
(INCLUDING RECISSION OF FUNDS)
SEC. 401. The appropriate appropriation or fund available to
the General Services Administration shall be credited with the
cost of operation, protection, maintenance, upkeep, repair, and
improvement, included as part of rentals received from Government
corporations pursuant to law (40 U.S.C. 129).
SEC. 402. Funds available to the General Services Administra-
tion shall be available for the hire of passenger motor vehicles.
SEC. 403. Funds in the Federal Buildings Fund made available
for fiscal year 2005 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed trans-
fers shall be approved in advance by the Committees on Appropria-
tions.
SEC. 404. No funds made available by this Act shall be used
to transmit a fiscal year 2006 request for United States Courthouse
construction that: (1) does not meet the design guide standards
for construction as established and approved by the General Serv-
ices Administration, the Judicial Conference of the United States,
and the Office of Management and Budget; and (2) does not reflect
the priorities of the Judicial Conference of the United States as
set out in its approved 5-year construction plan: Provided, That
the fiscal year 2006 request must be accompanied by a standardized
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118 STAT. 3258
PUBLIC LAW 108–447—DEC. 8, 2004
courtroom utilization study of each facility to be constructed,
replaced, or expanded.
SEC. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usu-
ally provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in compliance with the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 406. From funds made available under the heading ‘‘Fed-
eral Buildings Fund, Limitations on Availability of Revenue’’, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations.
SEC. 407. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Administrator of General Services may sell the Middle River Depot
at Middle River, Maryland, and credit the proceeds of such sale
as offsetting collections to the Federal Buildings Fund, to be avail-
able, in addition to amounts otherwise appropriated for such Fund,
for such capital activities of the Fund as the Administrator may
deem appropriate: Provided, That the Administrator shall, to the
maximum extent practicable, cooperate and consult with Baltimore
County, Maryland officials and other interested persons in commu-
nities located near the Middle River Depot so that the sale and
use of the property is compatible with local economic development
plans and is not inconsistent with local land use, environmental
and zoning laws.
SEC. 408. Section 572(a)(2)(ii) of title 40, United States Code,
is amended by inserting the following before the period: ‘‘, highest
and best use of property studies, utilization of property studies,
deed compliance inspection, and the expenses incurred in a reloca-
tion’’.
SEC. 409. Of the amounts made available under the heading
‘‘Federal Buildings Fund’’ for New Construction and Repairs and
Alterations in this or any prior Act, a total amount of $106,000,000
are rescinded: Provided, That the Administrator of General Services
shall notify the Appropriations Committees of the House of Rep-
resentatives and Senate of the specific projects, or parts thereof,
from which funds have been rescinded within 30 days of enactment
of this Act.
SEC. 410. In order to address heightened security requirements
for the proposed Moss United States Courthouse Annex project,
the Administrator of General Services is authorized to acquire
and demolish the real property, including land and improvements,
located in Salt Lake City, Utah, at the corner of 400 South Street
and West Temple, said land and improvements commonly known
as the Shubrick Building; to use previously appropriated project
funds to immediately initiate compliance procedures in accordance
with the National Historic Preservation Act and the National
Environmental Policy Act; and to redesign the proposed courthouse
expansion to incorporate this new site.
SEC. 411. CONVEYANCE OF LAND TO THE RECREATION AND PARK
COMMISSION FOR THE PARISH OF EAST BATON ROUGE, LOUISIANA.
(a) CONVEYANCE.—Not later than 60 days after the date of enact-
ment of this Act, the Postmaster General of the United States
Deadline.
Notification.
Deadline.
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118 STAT. 3259
PUBLIC LAW 108–447—DEC. 8, 2004
Postal Service shall convey, for the consideration specified in sub-
section (b), the land described in subsection (d), including any
improvements thereon, to the General Services Administration.
(b) PURCHASE PRICE.—Upon the conveyance described in sub-
section (a), the Administrator of General Services shall pay the
United States Postal Service a purchase price equaling the fair
market value not to exceed $975,000, which price may be paid
by cash or credited to the existing USPS/GSA property swap pro-
gram.
(c) RECONVEYANCE.—Not later than 10 days after the convey-
ance described in subsection (a), the Administrator of General Serv-
ices shall convey, without consideration by quitclaim deed and
without recourse, the land described in subsection (d), including
any improvements thereon, to the Recreation and Park Commission
for the Parish of East Baton Rouge, Louisiana, for use as a down-
town park or for other public purposes.
(d) DESCRIPTION OF PROPERTY.—The land referred to in sub-
sections (a) and (c) is the property formerly used as the Main
Postal Office Carrier Annex in Baton Rouge, Louisiana and located
at 750 Florida Street. This land is situated north of Convention
Street, south of Florida Street and west of 7th Street. This land
comprises approximately 27,500 square feet and is improved by
a one-story building.
SEC. 412. Notwithstanding any other provision of law, the
Administrator of General Services may convey, by sale, lease,
exchange or otherwise, including through leaseback arrangements,
real and related personal property, or interests therein, and retain
the net proceeds of such dispositions in an account within the
Federal Buildings Fund to be used for the General Services
Administration’s real property capital needs: Provided, That all
net proceeds realized under this section shall only be expended
as authorized in annual appropriations Acts: Provided further, That
for the purposes of this section, the term ‘‘net proceeds’’ means
the rental and other sums received less the costs of the disposition,
and the term ‘‘real property capital needs’’ means any expenses
necessary and incident to the agency’s real property capital acquisi-
tions, improvements, and dispositions.
SEC. 413. LAND CONVEYANCE, NAHANT, MASSACHUSETTS. (a)
CONVEYANCE AUTHORIZED.—Notwithstanding any other provision
of law, the Administrator of General Services may sell all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, that is located at Castle
Road, Gardner Road and Goddard Drive in Nahant, Massachusetts
to the Town of Nahant. In the event a binding sales contract
is not executed within 30 days of enactment the Administrator
shall commence with a public, competitive sale of the property.
(b) CONSIDERATION.—As consideration for conveyance under
subsection (a), the Town of Nahant shall pay, in a single lump
sum payment, $2,000,000.
(c) DEPOSIT OF FUNDS.—Notwithstanding any other provision
of law, the Administrator may deposit the net proceeds in the
Real Property Relocation account of the General Services Adminis-
tration. In the event proceeds exceed $2,000,000, the net amount
in excess of $2,000,000 shall be deposited in the United States
Coast Guard Housing Fund established under 14 U.S.C. 687.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
Deadline.
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118 STAT. 3260
PUBLIC LAW 108–447—DEC. 8, 2004
(a) shall be determined by a survey satisfactory to the Adminis-
trator. The cost of the survey shall be borne by the purchaser.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Administrator
may require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Administrator
considers appropriate to protect the interests of the United States.
SEC. 414. None of the funds appropriated by this Act or any
other Act may be used after July 1, 2005 for the provision of
any telecommunications service for any Federal Government owned
building, unless such building is in compliance with a regulation
or Executive order issued after the date of enactment of this section
that requires, to the extent deemed appropriate by the President
or his designee, the provision of telecommunications services using
redundant and physically separate entry points to those buildings,
and the use of physically diverse local network facilities for the
provision of such telecommunications services.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Num-
bered 2 of 1978 and the Civil Service Reform Act of 1978, including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, and direct procurement of survey printing, $34,677,000
together with not to exceed $2,626,000 for administrative expenses
to adjudicate retirement appeals to be transferred from the Civil
Service Retirement and Disability Fund in amounts determined
by the Merit Systems Protection Board.
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL
ENVIRONMENTAL POLICY FOUNDATION
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL
ENVIRONMENTAL POLICY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payment to the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Trust Fund, pursuant to the
Morris K. Udall Scholarship and Excellence in National Environ-
mental and Native American Public Policy Act of 1992 (20 U.S.C.
5601 et seq.), $1,996,000, to remain available until expended, of
which up to $50,000 shall be used to conduct financial audits
pursuant to the Accountability of Tax Dollars Act of 2002 (Public
Law 107–289) notwithstanding sections 8 and 9 of Public Law
102–259: Provided, That up to 60 percent of such funds may be
transferred by the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Foundation for the necessary
expenses of the Native Nations Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Deadline.
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118 STAT. 3261
PUBLIC LAW 108–447—DEC. 8, 2004
Conflict Resolution Act of 1998, $1,309,000, to remain available
until expended.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the administration
of the National Archives and Records Administration (including
the Information Security Oversight Office) and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, and
for the hire of passenger motor vehicles, $266,945,000: Provided,
That the Archivist of the United States is authorized to use any
excess funds available from the amount borrowed for construction
of the National Archives facility, for expenses necessary to provide
adequate storage for holdings.
ELECTRONIC RECORDS ARCHIVES
For necessary expenses in connection with the development
of the electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and pro-
gram management, $35,914,000.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives facili-
ties, and to provide adequate storage for holdings, $13,432,000,
to remain available until expended, of which $3,000,000 is for
site preparation and construction management to construct a new
regional archives and records facility in Anchorage, Alaska, and
of which $2,000,000 is for the repair and restoration of the plaza
that surrounds the Lyndon Baines Johnson Presidential Library
that is under the joint control and custody of the University of
Texas: Provided, That such funds may be transferred directly to
the University and used, together with University funds, for repair
and restoration of the plaza and remain available until expended
for this purpose.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as
amended, $5,000,000, to remain available until expended.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902) $76,700,000, of which not to exceed $2,000 may be
used for official reception and representation expenses.
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118 STAT. 3262
PUBLIC LAW 108–447—DEC. 8, 2004
(RESCISSION)
Of the available unobligated balances made available under
Public Law 106–246, $8,000,000 are rescinded.
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended and the Ethics Reform Act of 1989, including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and represen-
tation expenses, $11,238,000.
OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan Num-
bered 2 of 1978 and the Civil Service Reform Act of 1978, including
services as authorized by 5 U.S.C. 3109; medical examinations
performed for veterans by private physicians on a fee basis; rental
of conference rooms in the District of Columbia and elsewhere;
hire of passenger motor vehicles; not to exceed $2,500 for official
reception and representation expenses; advances for reimburse-
ments to applicable funds of the Office of Personnel Management
and the Federal Bureau of Investigation for expenses incurred
under Executive Order No. 10422 of January 9, 1953, as amended;
and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee
to remain overnight at his or her post of duty, $125,500,000, of
which $12,000,000 shall remain available until September 30, 2007;
and in addition $128,462,000 for administrative expenses, to be
transferred from the appropriate trust funds of the Office of Per-
sonnel Management without regard to other statutes, including
direct procurement of printed materials, for the retirement and
insurance programs, of which $27,640,000 shall remain available
until expended for the cost of automating the retirement record-
keeping systems: Provided, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds as
provided by sections 8348(a)(1)(B), and 9004(f)(1)(A) and (2)(A) of
title 5, United States Code: Provided further, That no part of
this appropriation shall be available for salaries and expenses of
the Legal Examining Unit of the Office of Personnel Management
established pursuant to Executive Order No. 9358 of July 1, 1943,
or any successor unit of like purpose: Provided further, That the
President’s Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during fiscal
year 2005, accept donations of money, property, and personal serv-
ices: Provided further, That such donations, including those from
prior years, may be used for the development of publicity materials
to provide information about the White House Fellows, except that
no such donations shall be accepted for travel or reimbursement
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of travel expenses, or for the salaries of employees of such Commis-
sion.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as
amended, including services as authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, $1,627,000, and in addition, not to
exceed $16,461,000 for administrative expenses to audit, inves-
tigate, and provide other oversight of the Office of Personnel
Management’s retirement and insurance programs, to be trans-
ferred from the appropriate trust funds of the Office of Personnel
Management, as determined by the Inspector General: Provided,
That the Inspector General is authorized to rent conference rooms
in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH
BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849), as amended, such sums as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE
INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by chapter
87 of title 5, United States Code, such sums as may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20, 1969,
as authorized by 5 U.S.C. 8348, and annuities under special Acts
to be credited to the Civil Service Retirement and Disability Fund,
such sums as may be necessary: Provided, That annuities author-
ized by the Act of May 29, 1944, as amended, and the Act of
August 19, 1950, as amended (33 U.S.C. 771–775), may hereafter
be paid out of the Civil Service Retirement and Disability Fund.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95–
454), as amended, the Whistleblower Protection Act of 1989 (Public
Law 101–12), as amended, Public Law 103–424, and the Uniformed
Services Employment and Reemployment Act of 1994 (Public Law
103–353), including services as authorized by 5 U.S.C. 3109, pay-
ment of fees and expenses for witnesses, rental of conference rooms
33 USC 776.
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118 STAT. 3264
PUBLIC LAW 108–447—DEC. 8, 2004
in the District of Columbia and elsewhere, and hire of passenger
motor vehicles; $15,449,000.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $90,709,000,
of which $61,709,000 shall not be available for obligation until
October 1, 2005: Provided, That mail for overseas voting and mail
for the blind shall continue to be free: Provided further, That
6-day delivery and rural delivery of mail shall continue at not
less than the 1983 level: Provided further, That none of the funds
made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer
or employee of any State or local child support enforcement agency,
or any individual participating in a State or local program of child
support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate
or close small rural and other small post offices in fiscal year
2005.
EMERGENCY PREPAREDNESS
For an additional amount for ‘‘Payment to the Postal Service
Fund’’ for emergency expenses to enable the Postal Service to pro-
tect postal employees and postal customers from exposure to haz-
ardous materials in the mail, $507,000,000, to remain available
until expended: Provided, That the Postal Service shall submit
a spending plan for funds under this heading to the Office of
Management and Budget and the House and Senate Committees
on Appropriations: Provided further, That the Government Account-
ability Office shall review the spending plan and capabilities of
the systems to detect hazardous materials: Provided further, That
$7,000,000 is for the mail irradiation facility in Washington, D.C.:
Provided further, That the $7,000,000 specified for the mail irradia-
tion facility is designated as an emergency requirement pursuant
to section 402 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.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $41,180,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
26 USC 7443
note.
39 USC 403 note.
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TITLE V
GENERAL PROVISIONS
THIS ACT
(INCLUDING TRANSFERS OF FUNDS)
SEC. 501. Such sums as may be necessary for fiscal year 2005
pay raises for programs funded in this Act shall be absorbed within
the levels appropriated in this Act or previous appropriations Acts.
SEC. 502. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 503. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 504. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursu-
ant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 505. 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-
priations Act.
SEC. 506. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Govern-
ment employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930.
SEC. 507. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval
service, and has within 90 days after his release from such service
or from hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his former
position and has been certified by the Office of Personnel Manage-
ment as still qualified to perform the duties of his former position
and has not been restored thereto.
SEC. 508. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known
as the ‘‘Buy America Act’’).
SEC. 509. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a–10c).
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PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 510. None of the funds provided in this Act, provided
by previous appropriations Acts to the agencies or entities funded
in this Act that remain available for obligation or expenditure
in fiscal year 2005, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates a new program;
(2) eliminates a program, project, or activity; (3) increases funds
or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to
use funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose; (5)
augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, which-
ever is less; or (7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency, administration,
or department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the statement of the managers accompanying this Act, whichever
is more detailed, unless prior approval is received from the House
and Senate Committees on Appropriations: Provided, That not later
than 60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committee on
Appropriations of the Senate and of the House of Representatives
to establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: Provided further,
That the report shall include: (1) a table for each appropriation
with a separate column to display the President’s budget request,
adjustments made by Congress, adjustments due to enacted rescis-
sions, if appropriate, and the fiscal year enacted level; (2) a delinea-
tion in the table for each appropriation both by object class and
program, project, and activity as detailed in the budget appendix
for the respective appropriation; and (3) an identification of items
of special congressional interest: Provided further, That the amount
appropriated or limited for salaries and expenses for an agency
shall be reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
SEC. 511. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2005 from appropriations made available
for salaries and expenses for fiscal year 2005 in this Act, shall
remain available through September 30, 2006, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations for approval prior
to the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming guide-
lines.
SEC. 512. None of the funds made available in this Act may
be used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background inves-
tigation report on any individual, except when—
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to
the date of such request and during the same presidential
administration; or
Deadline.
Reports.
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118 STAT. 3267
PUBLIC LAW 108–447—DEC. 8, 2004
(2) such request is required due to extraordinary cir-
cumstances involving national security.
SEC. 513. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act (Public
Law 93–400; 41 U.S.C. 422) shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
SEC. 514. For the purpose of resolving litigation and imple-
menting any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Manage-
ment may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations
Act) funds made available to the Office pursuant to court approval.
SEC. 515. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 516. The provision of section 515 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 517. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American
Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition
by the Federal Government of information technology (as defined
in section 11101 of title 40, United States Code, that is a commercial
item (as defined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
SEC. 518. Public Law 108–199 is amended in division H, section
161, by inserting ‘‘and all Federal agencies’’ after ‘‘Office of Manage-
ment and Budget’’.
SEC. 519. None of the funds made available in the Act may
be used to finalize, implement, administer, or enforce—
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in nature
or incidental to a financial activity published in the Federal
Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section 1501.2
of title 12 of the Code of Federal Regulations.
SEC. 520. TREATMENT OF THE TENNESSEE VALLEY AUTHORITY.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended—
(1) in section 3(a)(42)(B) (15 U.S.C. 78c(a)(42)(B)), by
inserting ‘‘by the Tennessee Valley Authority or’’ after ‘‘issued
or guaranteed’’; and
(2) by adding at the end the following new section:
‘‘SEC. 37. TENNESSEE VALLEY AUTHORITY.
‘‘(a) IN GENERAL.—Commencing with the issuance by the Ten-
nessee Valley Authority of an annual report on Commission Form
10–K (or any successor thereto) for fiscal year 2006 and thereafter,
the Tennessee Valley Authority shall file with the Commission,
in accordance with such rules and regulations as the Commission
has prescribed or may prescribe, such periodic, current, and supple-
mentary information, documents, and reports as would be required
pursuant to section 13 if the Tennessee Valley Authority were
Reports.
Deadline.
15 USC 78nn.
25 USC 450 note.
Abortion.
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118 STAT. 3268
PUBLIC LAW 108–447—DEC. 8, 2004
an issuer of a security registered pursuant to section 12. Notwith-
standing the preceding sentence, the Tennessee Valley Authority
shall not be required to register any securities under this title,
and shall not be deemed to have registered any securities under
this title.
‘‘(b) LIMITED TREATMENT AS ISSUER.—Commencing with the
issuance by the Tennessee Valley Authority of an annual report
on Commission Form 10–K (or any successor thereto) for fiscal
year 2006 and thereafter, the Tennessee Valley Authority shall
be deemed to be an issuer for purposes of section 10A, other than
for subsection (m)(1) or (m)(3) of section 10A. The Tennessee Valley
Authority shall not be required by this subsection to comply with
the rules issued by any national securities exchange or national
securities association in response to rules issued by the Commission
pursuant to section 10A(m)(1).
‘‘(c) NO EFFECT ON TVA AUTHORITY.—Nothing in this section
shall be construed to diminish, impair, or otherwise affect the
authority of the Board of Directors of the Tennessee Valley
Authority to carry out its statutory functions under the Tennessee
Valley Authority Act of 1933.’’.
SEC. 521. Section 307 of the Denali Commission Act of 1998
(42 U.S.C. 3121 note) is amended by adding at the end the following
new subsection:
‘‘(e) DOCKS, WATERFRONT TRANSPORTATION DEVELOPMENT, AND
RELATED INFRASTRUCTURE PROJECTS.—The Secretary of Transpor-
tation is authorized to make direct lump sum payments to the
Commission to construct docks, waterfront development projects,
and related transportation infrastructure, provided the local
community provides a ten percent non-Federal match in the form
of any necessary land or planning and design funds. To carry
out this section, there is authorized to be appropriated such sums
as may be necessary.’’.
SEC. 522. (a) PRIVACY OFFICER.—Each agency shall have a
Chief Privacy Officer to assume primary responsibility for privacy
and data protection policy, including—
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,
and disclosure of information in an identifiable form;
(2) assuring that technologies used to collect, use, store,
and disclose information in identifiable form allow for contin-
uous auditing of compliance with stated privacy policies and
practices governing the collection, use and distribution of
information in the operation of the program;
(3) assuring that personal information contained in Privacy
Act systems of records is handled in full compliance with fair
information practices as defined in the Privacy Act of 1974;
(4) evaluating legislative and regulatory proposals involving
collection, use, and disclosure of personal information by the
Federal Government;
(5) conducting a privacy impact assessment of proposed
rules of the Department on the privacy of information in an
identifiable form, including the type of personally identifiable
information collected and the number of people affected;
(6) preparing a report to Congress on an annual basis
on activities of the Department that affect privacy, including
complaints of privacy violations, implementation of section 552a
Reports.
Deadline.
5 USC 552a note.
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118 STAT. 3269
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of title 5, 11 United States Code, internal controls, and other
relevant matters;
(7) ensuring that the Department protects information in
an identifiable form and information systems from unauthor-
ized access, use, disclosure, disruption, modification, or destruc-
tion;
(8) training and educating employees on privacy and data
protection policies to promote awareness of and compliance
with established privacy and data protection policies; and
(9) ensuring compliance with the Departments established
privacy and data protection policies.
(b) ESTABLISHING PRIVACY AND DATA PROTECTION PROCEDURES
AND POLICIES.—
(1) IN GENERAL.—Within 12 months of enactment of this
Act, each agency shall establish and implement comprehensive
privacy and data protection procedures governing the agency’s
collection, use, sharing, disclosure, transfer, storage and secu-
rity of information in an identifiable form relating to the agency
employees and the public. Such procedures shall be consistent
with legal and regulatory guidance, including OMB regulations,
the Privacy Act of 1974, and section 208 of the E-Government
Act of 2002.
(c) RECORDING.—Each agency shall prepare a written report
of its use of information in an identifiable form, along with its
privacy and data protection policies and procedures and record
it with the Inspector General of the agency to serve as a benchmark
for the agency. Each report shall be signed by the agency privacy
officer to verify that the agency intends to comply with the proce-
dures in the report. By signing the report the privacy officer also
verifies that the agency is only using information in identifiable
form as detailed in the report.
(d) INDEPENDENT, THIRD-PARTY REVIEW.—
(1) IN GENERAL.—At least every 2 years, each agency shall
have performed an independent, third party review of the use
of information in identifiable form as the privacy and data
protection procedures of the agency to—
(A) determine the accuracy of the description of the
use of information in identifiable form;
(B) determine the effectiveness of the privacy and data
protection procedures;
(C) ensure compliance with the stated privacy and
data protection policies of the agency and applicable laws
and regulations; and
(D) ensure that all technologies used to collect, use,
store, and disclose information in identifiable form allow
for continuous auditing of compliance with stated privacy
policies and practices governing the collection, use and
distribution of information in the operation of the program.
(2) PURPOSES.—The purposes of reviews under this sub-
section are to—
(A) ensure the agency’s description of the use of
information in an identifiable form is accurate and accounts
for the agency’s current technology and its processing of
information in an identifiable form;
(B) measure actual privacy and data protection prac-
tices against the agency’s recorded privacy and data protec-
tion procedures;
Deadlines.
Reports.
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118 STAT. 3270
PUBLIC LAW 108–447—DEC. 8, 2004
(C) ensure compliance and consistency with both online
and offline stated privacy and data protection policies; and
(D) provide agencies with ongoing awareness and rec-
ommendations regarding privacy and data protection proce-
dures.
(3) REQUIREMENTS OF REVIEW.—The Inspector General of
each agency shall contract with an independent, third party
that is a recognized leader in privacy consulting, privacy tech-
nology, data collection and data use management, and global
privacy issues, to—
(A) evaluate the agency’s use of information in identifi-
able form;
(B) evaluate the privacy and data protection procedures
of the agency; and
(C) recommend strategies and specific steps to improve
privacy and data protection management.
(4) CONTENT.—Each review under this subsection shall
include—
(A) a review of the agency’s technology, practices and
procedures with regard to the collection, use, sharing,
disclosure, transfer and storage of information in identifi-
able form;
(B) a review of the agency’s stated privacy and data
protection procedures with regard to the collection, use,
sharing, disclosure, transfer, and security of personal
information in identifiable form relating to agency
employees and the public;
(C) a detailed analysis of agency intranet, network
and Websites for privacy vulnerabilities, including—
(i) noncompliance with stated practices, procedures
and policies; and
(ii) risks for inadvertent release of information
in an identifiable form from the website of the agency;
and
(D) a review of agency compliance with this Act.
(e) REPORT.—
(1) IN
GENERAL.—Upon completion of a review, the
Inspector General of an agency shall submit to the head of
that agency a detailed report on the review, including rec-
ommendations for improvements or enhancements to manage-
ment of information in identifiable form, and the privacy and
data protection procedures of the agency.
(2) INTERNET AVAILABILITY.—Each agency shall make each
independent third party review, and each report of the Inspector
General relating to that review available to the public.
(f) DEFINITION.—In this section, the definition of ‘‘identifiable
form’’ is consistent with Public Law 107–347, the E-Government
Act of 2002, and means any representation of information that
permits the identity of an individual to whom the information
applies to be reasonably inferred by either direct or indirect means.
SEC. 523. None of the funds made available under this Act
may be obligated or expended to establish or implement a pilot
program under which not more than 10 designated essential air
service communities located in proximity to hub airports are
required to assume 10 percent of their essential air subsidy costs
for a 4-year period commonly referred to as the EAS local participa-
tion program.
Public
information.
Contracts.
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SEC. 524. None of the funds made available in this Act may
be used by the Council of Economic Advisers to produce an Economic
Report of the President regarding the inclusion of employment
at a retail fast food restaurant as part of the definition of manufac-
turing employment.
SEC. 525. Section 302(e)(3)(B) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 432(e)(3)(B)) is amended by striking ‘‘$1,000’’
and inserting in its place ‘‘$2,000’’.
SEC. 526. The Former Presidents Act, 3 U.S.C. 102, note, is
amended to add the following at the end of section 1(b): ‘‘Amounts
provided for ‘Allowances and Office Staff for Former Presidents’
may be used to pay fees of an independent contractor who is
not a member of the staff of the office of a former President
for the review of Presidential records of a former President in
connection with the transfer of such records to the National
Archives and Records Administration or a Presidential Library
without regard to the limitation on staff compensation set forth
herein.’’.
SEC. 527. Of funds so made available in Items 18 and 19
of the table contained in section 3031 of Public Law 105–178,
$5,000,000 shall be available for the Buffalo, New York Inner
Harbor Redevelopment Project; of funds made available in Public
Law 104–50 for Crossroads Intermodal Station, New York,
$1,000,000 shall be available for the Buffalo Inner Harbor Redevel-
opment Project; of the funds made available in Public Law 104–
205 for Crossroads Intermodal Station, New York, $1,000,000 shall
be available for the Buffalo, New York Inner Harbor Redevelopment
Project; of funds made available in Public Law 106–346 for Buffalo,
New York Intermodal facility, $500,000 shall be available for the
Buffalo, New York Inner Harbor Redevelopment Project; of funds
made available in Public Law 108–7 for Buffalo Intermodal
Transportation Center, $5,000,000 shall be available for the Buffalo,
New York Inner Harbor Redevelopment Project.
SEC. 528. Funds in this Act that are apportioned to the
Charleston Area Regional Transportation Authority to carry out
section 5307 of title 49, United States Code, may be used to acquire
land, equipment, or facilities used in public transportation from
another governmental authority in the same geographic area: Pro-
vided, That the non-Federal share under section 5307 may include
revenues from the sale of advertising and concessions.
SEC. 529. To the extent that funds remain available within
the current budget for the project, the Secretary shall amend the
Full Funding Grant Agreement for the Tri-Met Interstate light
rail extension in Portland, Oregon, to allow acquisition of up to
a total of twenty-four light rail vehicles.
SEC. 530. Section 1023(h) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law
102–240 as amended by section 347 of Public Law 108–7) is
amended in paragraph (1) by striking ‘‘October 1, 2003’’ and
inserting ‘‘October 1, 2005’’.
SEC. 531. Unobligated funds in an amount not to exceed
$4,500,000 that were designated to the North Country County
Consortium, New York project in the conference report accom-
panying Public Law 108–99 under the Job Access and Reverse
Commute Account shall be transferred to and administered under
the bus category of the Capital Investment Grants Account and
available for North Country Bus and Bus Related Equipment.
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118 STAT. 3272
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 532. Section 312a(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 439a(a)) is amended—
(1) by striking the ‘‘or’’ at the end of paragraph (a)(3);
(2) by striking the period, and adding a semi-colon at
the end of paragraph (a)(4);
(3) by adding a new paragraph (a)(5) to read as follows:
‘‘(5) for donations to State and local candidates subject to the
provisions of State law; or’’; and
(4) by adding a new paragraph (a)(6) to read as follows:
‘‘(6) for any other lawful purpose unless prohibited by subsection
(b) of this section.’’.
SEC. 533. From funds made available in this Act under the
headings ‘‘White House Office’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Eco-
nomic Advisors’’, ‘‘Office of Policy Development’’, ‘‘National Security
Council’’, ‘‘Office of Administration’’, ‘‘Office of Management and
Budget’’, ‘‘Office of National Drug Control Policy’’, ‘‘Special Assist-
ance to the President’’, and ‘‘Official Residence of the Vice Presi-
dent’’, the Director of the Office of Management and Budget (or
such other officer as the President may designate in writing), may,
fifteen days after giving notice to the House and Senate Committees
on Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged with
and available for the same time and for the same purposes as
the appropriation to which transferred: Provided, That the amount
of an appropriation shall not be increased by more than 50 percent
by such transfers: Provided further, That no amount shall be trans-
ferred from ‘‘Special Assistance to the President’’ or ‘‘Official Resi-
dence of the Vice President’’ without the approval of the Vice
President.
TITLE VI
GENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SEC. 601. Funds appropriated in this or any other Act may
be used to pay travel to the United States for the immediate
family of employees serving abroad in cases of death or life threat-
ening illness of said employee.
SEC. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2005 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act) by the officers and
employees of such department, agency, or instrumentality.
SEC. 603. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses, ambu-
lances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the max-
imum shall be $9,100: Provided, That these limits may be exceeded
31 USC 1343
note.
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118 STAT. 3273
PUBLIC LAW 108–447—DEC. 8, 2004
by not to exceed $3,700 for police-type vehicles, and by not to
exceed $4,000 for special heavy-duty vehicles: Provided further,
That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased
for demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101–549 over the cost
of comparable conventionally fueled vehicles.
SEC. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-of-
living allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 605. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other
Act shall be used to pay the compensation of any officer or employee
of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental
United States unless such person: (1) is a citizen of the United
States; (2) is a person in the service of the United States on
the date of the enactment of this Act who, being eligible for citizen-
ship, has filed a declaration of intention to become a citizen of
the United States prior to such date and is actually residing in
the United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South Vietnam,
the countries of the former Soviet Union, or the Baltic countries
lawfully admitted to the United States for permanent residence;
(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled
in the United States after January 1, 1975; or (6) is a national
of the People’s Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992:
Provided, That for the purpose of this section, an affidavit signed
by any such person shall be considered prima facie evidence that
the requirements of this section with respect to his or her status
have been complied with: Provided further, That any person making
a false affidavit shall be guilty of a felony, and, upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government.
This section shall not apply to citizens of Ireland, Israel, or the
Republic of the Philippines, or to nationals of those countries allied
with the United States in a current defense effort, or to inter-
national broadcasters employed by the United States Information
Agency, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result
of emergencies.
SEC. 606. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for pay-
ment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
5 USC 3101 note.
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118 STAT. 3274
PUBLIC LAW 108–447—DEC. 8, 2004
buildings and facilities which constitute public improvements per-
formed in accordance with the Public Buildings Act of 1959 (73
Stat. 749), the Public Buildings Amendments of 1972 (87 Stat.
216), or other applicable law.
SEC. 607. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records dis-
posed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted
prior to the effective date of the Executive order.
(2) Other Federal agency environmental management pro-
grams, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corpora-
tions and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subse-
quently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 609. No part of any appropriation for the current fiscal
year contained in this or any other Act shall be paid to any person
for the filling of any position for which he or she has been nominated
after the Senate has voted not to approve the nomination of said
person.
SEC. 610. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, commit-
tees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 611. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or occupied
by the Postal Service and under the charge and control of the
Postal Service, and such guards shall have, with respect to such
property, the powers of special policemen provided by the first
section of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318), and, as to property owned or occupied by the
Postal Service, the Postmaster General may take the same actions
as the Administrator of General Services may take under the provi-
sions of sections 2 and 3 of the Act of June 1, 1948, as amended
(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
consequences under the authority and within the limits provided
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118 STAT. 3275
PUBLIC LAW 108–447—DEC. 8, 2004
in section 4 of the Act of June 1, 1948, as amended (62 Stat.
281; 40 U.S.C. 318c).
SEC. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to
a resolution of disapproval duly adopted in accordance with the
applicable law of the United States.
SEC. 613. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of
the funds appropriated for fiscal year 2005, by this or any other
Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code—
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2005,
in an amount that exceeds the rate payable for the applicable
grade and step of the applicable wage schedule in accordance
with such section; and
(2) during the period consisting of the remainder of fiscal
year 2005, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of—
(A) the percentage adjustment taking effect in fiscal
year 2005 under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule;
and
(B) the difference between the overall average percent-
age of the locality-based comparability payments taking
effect in fiscal year 2005 under section 5304 of such title
(whether by adjustment or otherwise), and the overall aver-
age percentage of such payments which was effective in
the previous fiscal year under such section.
(b) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee covered
by section 5348 of such title, may be paid during the periods
for which subsection (a) is in effect at a rate that exceeds the
rates that would be payable under subsection (a) were subsection
(a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from
a schedule not in existence on September 30, 2004, shall be deter-
mined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of pre-
mium pay for employees subject to this section may not be changed
from the rates in effect on September 30, 2004, except to the
extent determined by the Office of Personnel Management to be
consistent with the purpose of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2004.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retire-
ment, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
Applicability.
5 USC 5343 note.
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118 STAT. 3276
PUBLIC LAW 108–447—DEC. 8, 2004
rate of salary or basic pay payable after the application of this
section shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at
a rate in excess of the rate that would be payable were this section
not in effect.
(h) The Office of Personnel Management may provide for excep-
tions to the limitations imposed by this section if the Office deter-
mines that such exceptions are necessary to ensure the recruitment
or retention of qualified employees.
SEC. 614. During the period in which the head of any depart-
ment or agency, or any other officer or civilian employee of the
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000
to furnish or redecorate the office of such department head, agency
head, officer, or employee, or to purchase furniture or make
improvements for any such office, unless advance notice of such
furnishing or redecoration is expressly approved by the Committees
on Appropriations. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 615. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available for
the current fiscal year by this or any other Act shall be available
for the interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit multiple
Federal departments, agencies, or entities, as provided by Executive
Order No. 12472 (April 3, 1984).
SEC. 616. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of
any employee appointed to a position of a confidential or policy-
determining character excepted from the competitive service pursu-
ant to section 3302 of title 5, United States Code, without a certifi-
cation to the Office of Personnel Management from the head of
the Federal department, agency, or other instrumentality employing
the Schedule C appointee that the Schedule C position was not
created solely or primarily in order to detail the employee to the
White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Depart-
ment of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Secu-
rity, the Federal Bureau of Investigation and the Drug Enforce-
ment Administration of the Department of Justice, the Depart-
ment of Transportation, the Department of the Treasury, and
the Department of Energy performing intelligence functions;
and
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118 STAT. 3277
PUBLIC LAW 108–447—DEC. 8, 2004
(7) the Director of Central Intelligence.
SEC. 617. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for the current fiscal year shall obligate or expend any such
funds, unless such department, agency, or instrumentality has in
place, and will continue to administer in good faith, a written
policy designed to ensure that all of its workplaces are free from
discrimination and sexual harassment and that all of its workplaces
are not in violation of title VII of the Civil Rights Act of 1964,
as amended, the Age Discrimination in Employment Act of 1967,
and the Rehabilitation Act of 1973.
SEC. 618. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
(1) prohibits or prevents, or attempts or threatens to pro-
hibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communica-
tion or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, com-
mittee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 619. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emo-
tional response or psychological stress in some participants;
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
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118 STAT. 3278
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 620. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These restrictions are con-
sistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code (gov-
erning disclosures to Congress); section 1034 of title 10, United
States Code, as amended by the Military Whistleblower Protection
Act (governing disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code, as amended by
the Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the Intel-
ligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure that
may compromise the national security, including sections 641, 793,
794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)).
The definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes are
incorporated into this agreement and are controlling.’’: Provided,
That notwithstanding the preceding paragraph, a nondisclosure
policy form or agreement that is to be executed by a person con-
nected with the conduct of an intelligence or intelligence-related
activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not
disclose any classified information received in the course of such
activity unless specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear
that they do not bar disclosures to Congress or to an authorized
official of an executive agency or the Department of Justice that
are essential to reporting a substantial violation of law.
SEC. 621. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relation-
ships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television or film presentation designed to support or defeat legisla-
tion pending before the Congress, except in presentation to the
Congress itself.
SEC. 622. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 623. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations.
SEC. 624. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda purposes
within the United States not heretofor authorized by the Congress.
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118 STAT. 3279
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 625. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined under section
105 of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under section 6301(2) of title 5, United States
Code, has an obligation to expend an honest effort and a reasonable
proportion of such employee’s time in the performance of official
duties.
SEC. 626. Notwithstanding 31 U.S.C. 1346 and section 610
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share of
JFMIP administrative costs, as determined by the JFMIP, but
not to exceed a total of $800,000 including the salary of the Execu-
tive Director and staff support.
SEC. 627. Notwithstanding 31 U.S.C. 1346 and section 610
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide financial, information
technology, procurement, and other management innovations, initia-
tives, and activities, as approved by the Director of the Office
of Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the Chief
Financial Officers Council and the Joint Financial Management
Improvement Program for financial management initiatives, the
Chief Information Officers Council for information technology initia-
tives, the Chief Human Capital Officers Council for human capital
initiatives, and the Federal Acquisition Council for procurement
initiatives). The total funds transferred or reimbursed shall not
exceed $17,000,000. Such transfers or reimbursements may only
be made 15 days following notification of the Committees on Appro-
priations by the Director of the Office of Management and Budget.
SEC. 628. None of the funds made available in this or any
other Act may be used by the Office of Personnel Management
or any other department or agency of the Federal Government
to prohibit any agency from using appropriated funds as they see
fit to independently contract with private companies to provide
online employment applications and processing services.
SEC. 629. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 630. Nothwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available for
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118 STAT. 3280
PUBLIC LAW 108–447—DEC. 8, 2004
the current fiscal year by this or any other Act shall be available
for the interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National Science
and Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall provide
a report describing the budget of and resources connected with
the National Science and Technology Council to the Committees
on Appropriations, the House Committee on Science; and the Senate
Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
SEC. 631. Any request for proposals, solicitation, grant applica-
tion, form, notification, press release, or other publications involving
the distribution of Federal funds shall indicate the agency providing
the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provi-
sion shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
SEC. 632. Subsection (f) of section 403 of Public Law 103–
356 (31 U.S.C. 501 note), as amended, is further amended by
striking ‘‘October 1, 2004’’ and inserting ‘‘October 1, 2005’’.
SEC. 633. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifi-
able information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to the rendition of the Internet site
services or to the protection of the rights or property of the
provider of the Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to imple-
ment, interpret or enforce authorities provided in law.
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as pro-
vided in law.
SEC. 634. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
Reports.
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118 STAT. 3281
PUBLIC LAW 108–447—DEC. 8, 2004
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any indi-
vidual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require cov-
erage of abortion or abortion-related services.
SEC. 635. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official anti-
doping agency for Olympic, Pan American, and Paralympic sport
in the United States.
SEC. 636. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 637. None of the funds made available under this or
any other Act for fiscal year 2005 and each fiscal year thereafter
shall be expended for the purchase of a product or service offered
by Federal Prison Industries, Inc., unless the agency making such
purchase determines that such offered product or service provides
the best value to the buying agency pursuant to governmentwide
procurement regulations, issued pursuant to section 25(c)(1) of the
Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose
procedures, standards, and limitations of section 2410n of title
10, United States Code.
SEC. 638. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellow-
ship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 639. Each Executive department and agency shall evaluate
the creditworthiness of an individual before issuing the individual
a government purchase charge card or government travel charge
card. The department or agency may not issue a government pur-
chase charge card or government travel charge card to an individual
that either lacks a credit history or is found to have an unsatisfac-
tory credit history as a result of this evaluation: Provided, That
this restriction shall not preclude issuance of a restricted-use
charge, debit, or stored value card made in accordance with agency
procedures to: (1) an individual with an unsatisfactory credit history
where such card is used to pay travel expenses and the agency
5 USC 5701 note.
18 USC 4124
note.
Sports.
Drugs and drug
abuse.
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118 STAT. 3282
PUBLIC LAW 108–447—DEC. 8, 2004
determines there is no suitable alternative payment mechanism
available before issuing the card; or (2) an individual who lacks
a credit history. Each Executive department and agency shall estab-
lish guidelines and procedures for disciplinary actions to be taken
against agency personnel for improper, fraudulent, or abusive use
of government charge cards, which shall include appropriate dis-
ciplinary actions for use of charge cards for purposes, and at
establishments, that are inconsistent with the official business of
the Department or agency or with applicable standards of conduct.
SEC. 640. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year
2005 under sections 5303 and 5304 of title 5, United States Code,
shall be an increase of 3.5 percent, and this adjustment shall
apply to civilian employees in the Department of Defense and
the Department of Homeland Security and such adjustments shall
be effective as of the first day of the first applicable pay period
beginning on or after January 1, 2005.
(b) Notwithstanding section 613 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take place
in fiscal year 2005 under sections 5344 and 5348 of title 5, United
States Code, shall be no less than the percentage in paragraph
(a) as employees in the same location whose rates of basic pay
are adjusted pursuant to the statutory pay systems under section
5303 and 5304 of title 5, United States Code. Prevailing rate
employees at locations where there are no employees whose pay
is increased pursuant to sections 5303 and 5304 of title 5 and
prevailing rate employees described in section 5343(a)(5) of title
5 shall be considered to be located in the pay locality designated
as ‘‘Rest of US’’ pursuant to section 5304 of title 5 for purposes
of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or
agency for salaries and expenses for fiscal year 2005.
SEC. 641. (a) Not later than 180 days after the end of the
fiscal year, the head of each Federal agency shall submit a report
to Congress on the amount of the acquisitions made by the agency
from entities that manufacture the articles, materials, or supplies
outside of the United States in that fiscal year.
(b) The report required by subsection (a) shall separately
indicate—
(1) the dollar value of any articles, materials, or supplies
purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect
to such articles, materials, or supplies under the Buy American
Act (41 U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on
goods manufactured in the United States versus funds spent
on goods manufactured outside of the United States.
(c) The head of each Federal agency submitting a report under
subsection (a) shall make the report publicly available to the max-
imum extent practicable.
(d) This section shall not apply to acquisitions made by an
agency, or component thereof, that is an element of the intelligence
community as set forth in or designated under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
Public
information.
Deadline.
Reports.
Effective date.
5 USC 5303 note.
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PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 642. Notwithstanding any other provision of law, no execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforcement
training without the advance approval of the Committees on Appro-
priations, except that the Federal Law Enforcement Training Center
is authorized to obtain the temporary use of additional facilities
by lease, contract, or other agreement for training which cannot
be accommodated in existing Center facilities.
SEC. 643. Section 653(j) of title 42, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(7) INFORMATION COMPARISONS AND DISCLOSURE TO ASSIST
IN FEDERAL DEBT COLLECTION.—
‘‘(A) FURNISHING OF INFORMATION BY THE SECRETARY
OF THE TREASURY.—The Secretary of the Treasury shall
furnish to the Secretary, on such periodic basis as deter-
mined by the Secretary of the Treasury in consultation
with the Secretary, information in the custody of the Sec-
retary of the Treasury for comparison with information
in the National Directory of New Hires, in order to obtain
information in such Directory with respect to persons—
‘‘(i) who owe delinquent nontax debt to the United
States; and
‘‘(ii) whose debt has been referred to the Secretary
of the Treasury in accordance with 31 U.S.C. 3711(g).
‘‘(B) REQUIREMENT TO SEEK MINIMUM INFORMATION.—
The Secretary of the Treasury shall seek information pursu-
ant to this section only to the extent necessary to improve
collection of the debt described in subparagraph (A).
‘‘(C) DUTIES OF THE SECRETARY.—
‘‘(i) INFORMATION DISCLOSURE.—The Secretary, in
cooperation with the Secretary of the Treasury, shall
compare information in the National Directory of New
Hires with information provided by the Secretary of
the Treasury with respect to persons described in
subparagraph (A) and shall disclose information in
such Directory regarding such persons to the Secretary
of the Treasury in accordance with this paragraph,
for the purposes specified in this paragraph. Such
comparison of information shall not be considered a
matching program as defined in 5 U.S.C. 552a.
‘‘(ii) CONDITION
ON
DISCLOSURE.—The Secretary
shall make disclosures in accordance with clause (i)
only to the extent that the Secretary determines that
such disclosures do not interfere with the effective
operation of the program under this part. Support
collection under section 466(b) of this title shall be
given priority over collection of any delinquent Federal
nontax debt against the same income.
‘‘(D) USE OF INFORMATION BY THE SECRETARY OF THE
TREASURY.—The Secretary of the Treasury may use
information provided under this paragraph only for pur-
poses of collecting the debt described in subparagraph (A).
‘‘(E) DISCLOSURE OF INFORMATION BY THE SECRETARY
OF THE TREASURY.—
‘‘(i) PURPOSE
OF
DISCLOSURE.—The Secretary of
the Treasury may make a disclosure under this
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118 STAT. 3284
PUBLIC LAW 108–447—DEC. 8, 2004
subparagraph only for purposes of collecting the debt
described in subparagraph (A).
‘‘(ii) DISCLOSURES PERMITTED.—Subject to clauses
(iii) and (iv), the Secretary of the Treasury may disclose
information resulting from a data match pursuant to
this paragraph only to the Attorney General in connec-
tion with collecting the debt described in subparagraph
(A).
‘‘(iii) CONDITIONS
ON
DISCLOSURE.—Disclosures
under this subparagraph shall be—
‘‘(I) made in accordance with data security
and control policies established by the Secretary
of the Treasury and approved by the Secretary;
‘‘(II) subject to audit in a manner satisfactory
to the Secretary; and
‘‘(III) subject to the sanctions under subsection
(l)(2).
‘‘(iv) ADDITIONAL DISCLOSURES.—
‘‘(I) DETERMINATION
BY
SECRETARIES.—The
Secretary of the Treasury and the Secretary shall
determine whether to permit disclosure of informa-
tion under this paragraph to persons or entities
described in subclause (II), based on an evaluation
made by the Secretary of the Treasury (in consulta-
tion with and approved by the Secretary), of the
costs and benefits of such disclosures and the ade-
quacy of measures used to safeguard the security
and confidentiality of information so disclosed.
‘‘(II) PERMITTED PERSONS OR ENTITIES.—If the
Secretary of the Treasury and the Secretary deter-
mine pursuant to subclause (I) that disclosures
to additional persons or entities shall be permitted,
information under this paragraph may be disclosed
by the Secretary of the Treasury, in connection
with collecting the debt described in subparagraph
(A), to a contractor or agent of either Secretary
and to the Federal agency that referred such debt
to the Secretary of the Treasury for collection,
subject to the conditions in clause (iii) and such
additional conditions as agreed to by the Secre-
taries.
‘‘(v) RESTRICTIONS ON REDISCLOSURE.—A person or
entity to which information is disclosed under this
subparagraph may use or disclose such information
only as needed for collecting the debt described in
subparagraph (A), subject to the conditions in clause
(iii) and such additional conditions as agreed to by
the Secretaries.
‘‘(F) REIMBURSEMENT OF HHS COSTS.—The Secretary
of the Treasury shall reimburse the Secretary, in accord-
ance with subsection (k)(3), for the costs incurred by the
Secretary in furnishing the information requested under
this paragraph. Any such costs paid by the Secretary of
the Treasury shall be considered costs of implementing
31 U.S.C. 3711(g) in accordance with 31 U.S.C. 3711(g)(6)
and may be paid from the account established pursuant
to 31 U.S.C. 3711(g)(7).’’.
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118 STAT. 3285
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 644. Notwithstanding section 1346 of title 31, United
States Code, and section 610 of this Act and any other provision
of law, the head of each appropriate executive department and
agency shall transfer to or reimburse the Federal Aviation Adminis-
tration, upon the direction of the Director of the Office of Manage-
ment and Budget, funds made available by this or any other Act
for the purposes described below, and shall submit budget requests
for such purposes. These funds shall be administered by the Federal
Aviation Administration, in consultation with the appropriate inter-
agency groups designated by the Director and shall be used to
ensure the uninterrupted, continuous operation of the Midway Atoll
Airfield by the Federal Aviation Administration pursuant to an
operational agreement with the Department of the Interior for
the entirety of fiscal year 2005 and any period thereafter that
precedes the enactment of the Transportation, Treasury, and Inde-
pendent Agencies Appropriations Act, 2006. The Director of the
Office of Management and Budget shall mandate the necessary
transfers after determining an equitable allocation between the
appropriate executive departments and agencies of the responsi-
bility for funding the continuous operation of the Midway Atoll
Airfield based on, but not limited to, potential use, interest in
maintaining aviation safety, and applicability to governmental oper-
ations and agency mission. The total funds transferred or
reimbursed shall not exceed $6,000,000 for any twelve-month
period. Such sums shall be sufficient to ensure continued operation
of the airfield throughout the period cited above. Funds shall be
available for operation of the airfield or airfield-related capital
upgrades. The Director of the Office of Management and Budget
shall notify the Committees on Appropriations of such transfers
or reimbursements within 15 days of this Act. Such transfers or
reimbursements shall begin within 30 days of enactment of this
Act.
SEC. 645. (a) DESIGNATION.—The United States Courthouse
located at 95 Seventh Street in San Francisco, California, shall
be known and designated as the ‘‘James R. Browning United States
Courthouse’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the court-
house referred to in subsection (a) shall be deemed to be a reference
to the ‘‘James R. Browning United States Courthouse’’.
DIVISION I—DEPARTMENTS OF VETERANS AFFAIRS AND
HOUSING 
AND 
URBAN 
DEVELOPMENT, 
AND 
INDE-
PENDENT AGENCIES APPROPRIATIONS ACT, 2005
TITLE I—DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as author-
ized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and
61); pension benefits to or on behalf of veterans as authorized
by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508);
Departments of
Veterans Affairs
and Housing and
Urban
Development,
and Independent
Agencies
Appropriations
Act, 2005.
Deadline.
Notification.
Deadline.
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118 STAT. 3286
PUBLIC LAW 108–447—DEC. 8, 2004
and burial benefits, emergency and other officers’ retirement pay,
adjusted-service credits and certificates, payment of premiums due
on commercial life insurance policies guaranteed under the provi-
sions of article IV of the Soldiers’ and Sailors’ Civil Relief Act
of 1940 (50 U.S.C. App. 540 et seq.) and for other benefits as
authorized by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters
23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122,
123; 45 Stat. 735; 76 Stat. 1198), $32,607,688,000, to remain avail-
able until expended: Provided, That not to exceed $20,703,000 of
the amount appropriated under this heading shall be reimbursed
to ‘‘General operating expenses’’ and ‘‘Medical services’’ for nec-
essary expenses in implementing those provisions authorized in
the Omnibus Budget Reconciliation Act of 1990, and in the Veterans’
Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the
funding source for which is specifically provided as the ‘‘Compensa-
tion and pensions’’ appropriation: Provided further, That such sums
as may be earned on an actual qualifying patient basis, shall
be reimbursed to ‘‘Medical facilities revolving fund’’ to augment
the funding of individual medical facilities for nursing home care
provided to pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C. chapters
21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,556,232,000,
to remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary
is authorized to provide under section 3104(a) of title 38, United
States Code, other than under subsection (a)(1), (2), (5), and (11)
of that section, shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life insur-
ance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by 38 U.S.C.
chapter 19; 70 Stat. 887; 72 Stat. 487, $44,380,000, to remain
available until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended: Provided
further, That during fiscal year 2005, within the resources available,
not to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $154,075,000, which may be trans-
ferred to and merged with the appropriation for ‘‘General operating
expenses’’.
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118 STAT. 3287
PUBLIC LAW 108–447—DEC. 8, 2004
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $47,000, as authorized by 38
U.S.C. chapter 31, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended: Provided
further, That funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $4,108,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $311,000, which may be transferred
to and merged with the appropriation for ‘‘General operating
expenses’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the direct loan pro-
gram authorized by 38 U.S.C. chapter 37, subchapter V, as
amended, $571,000, which may be transferred to and merged with
the appropriation for ‘‘General operating expenses’’: Provided, That
no new loans in excess of $50,000,000 may be made in fiscal
year 2005.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS
VETERANS PROGRAM ACCOUNT
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C. chapter
37, subchapter VI, not to exceed $750,000 of the amounts appro-
priated by this Act for ‘‘General operating expenses’’ and ‘‘Medical
administration’’ may be expended.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in para-
graphs (1) through (8) of section 1705(a) of title 38, United States
Code, including care and treatment in facilities not under the
jurisdiction of the department and including medical supplies and
equipment and salaries and expenses of health-care employees hired
under title 38, United States Code, and aid to State homes as
authorized by section 1741 of title 38, United States Code;
$19,472,777,000, plus reimbursements: Provided, That of the funds
made available under this heading, not to exceed $1,100,000,000
shall be available until September 30, 2006: Provided further, That,
notwithstanding any other provision of law, the Secretary of Vet-
erans Affairs shall establish a priority for treatment for veterans
who are service-connected disabled, lower income, or have special
needs: Provided further, That, notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall give priority funding
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118 STAT. 3288
PUBLIC LAW 108–447—DEC. 8, 2004
for the provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That of the funds
made available under this heading, the Secretary may transfer
up to $400,000,000, to remain available until expended, to
‘‘Construction, major projects’’ for purposes of implementing CARES
subject to a determination by the Secretary that such funds will
improve access and quality of veteran’s health care needs: Provided
further, That, during the fiscal year ending September 30, 2005,
the Secretary may transfer not more than $125,000,000 of the
unobligated balances in this account and amounts made available
under this heading to ‘‘General operating expenses’’ for costs associ-
ated with processing claims where the basis of the entitlement
is claimed disability incurred as a result of a veteran’s service,
subject to a determination by the Secretary of Veterans Affairs
that such additional funds are necessary: Provided further, That,
notwithstanding any other provision of law, the Secretary of Vet-
erans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements estab-
lished by the Secretary: Provided further, That the implementation
of the program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs: Provided
further, That for the DOD VA Health Care Sharing Incentive Fund,
as authorized by section 721 of Public Law 107–314, a minimum
of $15,000,000, to remain available until expended, for any purpose
authorized by 38 U.S.C. 8111.
MEDICAL ADMINISTRATION
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; information technology hard-
ware and software; uniforms or allowances therefor, as authorized
by sections 5901–5902 of title 5, United States Code; and adminis-
trative and legal expenses of the department for collecting and
recovering amounts owed the department as authorized under
chapter 17 of title 38, United States Code, and the Federal Medical
Care Recovery Act (42 U.S.C. 2651 et seq.); $4,705,000,000, of
which $250,000,000 shall be available until September 30, 2006,
plus reimbursements.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other nec-
essary facilities for the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition, construction
and renovation of any facility under the jurisdiction or for the
use of the department; for oversight, engineering and architectural
activities not charged to project costs; for repairing, altering,
improving or providing facilities in the several hospitals and homes
under the jurisdiction of the department, not otherwise provided
for, either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for laundry and
food services, $3,745,000,000, of which $250,000,000 shall be avail-
able until September 30, 2006.
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118 STAT. 3289
PUBLIC LAW 108–447—DEC. 8, 2004
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, to remain available until Sep-
tember 30, 2006, $405,593,000, plus reimbursements.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of Vet-
erans Affairs, not otherwise provided for, including administrative
expenses in support of department-wide capital planning, manage-
ment and policy activities, uniforms or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, and the Depart-
ment of Defense for the cost of overseas employee mail,
$1,324,753,000: Provided, That expenses for services and assistance
authorized under 38 U.S.C. 3104(a)(1), (2), (5), and (11) that the
Secretary determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to this
account: Provided further, That the Veterans Benefits Administra-
tion shall be funded at not less than $1,027,193,000: Provided
further, That of the funds made available under this heading,
not to exceed $66,000,000 shall be available for obligation until
September 30, 2006: Provided further, That from the funds made
available under this heading, the Veterans Benefits Administration
may purchase up to two passenger motor vehicles for use in oper-
ations of that Administration in Manila, Philippines.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Administra-
tion for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; and hire of passenger motor vehicles,
$148,925,000: Provided, That of the funds made available under
this heading, not to exceed $7,400,000 shall be available until
September 30, 2006.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $69,711,000, to remain available until September 30,
2006.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending and improving any of the
facilities including parking projects under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, and 8122 of title 38, United States Code, including
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118 STAT. 3290
PUBLIC LAW 108–447—DEC. 8, 2004
planning, architectural and engineering services, maintenance or
guarantee period services costs associated with equipment guaran-
tees provided under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more than
the amount set forth in 38 U.S.C. 8104(a)(3)(A) or where funds
for a project were made available in a previous major project appro-
priation, $458,800,000, to remain available until expended, of which
$370,709,000 shall be for Capital Asset Realignment for Enhanced
Services (CARES) activities; and of which $8,091,000 shall be to
make reimbursements as provided in 41 U.S.C. 612 for claims
paid for contract disputes: Provided, That except for advance plan-
ning activities, including needs assessments which may or may
not lead to capital investments, and other capital asset management
related activities, such as portfolio development and management
activities, and investment strategy studies funded through the
advance planning fund and the planning and design activities
funded through the design fund and CARES funds, including needs
assessments which may or may not lead to capital investments,
none of the funds appropriated under this heading shall be used
for any project which has not been approved by the Congress
in the budgetary process: Provided further, That funds provided
in this appropriation for fiscal year 2005, for each approved project
(except those for CARES activities referenced above) shall be obli-
gated: (1) by the awarding of a construction documents contract
by September 30, 2005; and (2) by the awarding of a construction
contract by September 30, 2006: Provided further, That the Sec-
retary of Veterans Affairs shall promptly report in writing to the
Committees on Appropriations any approved major construction
project in which obligations are not incurred within the time limita-
tions established above.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities including parking projects under the jurisdiction or
for the use of the Department of Veterans Affairs, including plan-
ning and assessments of needs which may lead to capital invest-
ments, architectural and engineering services, maintenance or guar-
antee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is equal
to or less than the amount set forth in 38 U.S.C. 8104(a)(3)(A),
$230,779,000, to remain available until expended, along with unobli-
gated balances of previous ‘‘Construction, minor projects’’ appropria-
tions which are hereby made available for any project where the
estimated cost is equal to or less than the amount set forth in
38 U.S.C. 8104(a)(3)(A), of which $182,100,000 shall be for Capital
Asset Realignment for Enhanced Services (CARES) activities: Pro-
vided, That from amounts appropriated under this heading, addi-
tional amounts may be used for CARES activities upon notification
of and approval by the Committees on Appropriations: Provided
further, That funds in this account shall be available for: (1) repairs
to any of the nonmedical facilities under the jurisdiction or for
the use of the department which are necessary because of loss
Reports.
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118 STAT. 3291
PUBLIC LAW 108–447—DEC. 8, 2004
or damage caused by any natural disaster or catastrophe; and
(2) temporary measures necessary to prevent or to minimize further
loss by such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by 38 U.S.C.
8131–8137, $105,163,000, to remain available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by 38 U.S.C.
2408, $32,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
SEC. 101. Any appropriation for fiscal year 2005 for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance and indemnities’’ may be transferred to any other of the
mentioned appropriations.
SEC. 102. Appropriations available to the Department of Vet-
erans Affairs for fiscal year 2005 for salaries and expenses shall
be available for services authorized by 5 U.S.C. 3109 hire of pas-
senger motor vehicles; lease of a facility or land or both; and
uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–
5902.
SEC. 103. No appropriations in this Act for the Department
of Veterans Affairs (except the appropriations for ‘‘Construction,
major projects’’, ‘‘Construction, minor projects’’, and the ‘‘Parking
revolving fund’’) shall be available for the purchase of any site
for or toward the construction of any new hospital or home.
SEC. 104. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or examina-
tion of any persons (except beneficiaries entitled under the laws
bestowing such benefits to veterans, and persons receiving such
treatment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204),
unless reimbursement of cost is made to the ‘‘Medical services’’
account at such rates as may be fixed by the Secretary of Veterans
Affairs.
SEC. 105. Appropriations available to the Department of Vet-
erans Affairs for fiscal year 2005 for ‘‘Compensation and pensions’’,
‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior
year accounts within the last quarter of fiscal year 2004.
SEC. 106. Appropriations accounts available to the Department
of Veterans Affairs for fiscal year 2005 shall be available to pay
prior year obligations of corresponding prior year appropriations
accounts resulting from title X of the Competitive Equality Banking
Act, Public Law 100–86, except that if such obligations are from
trust fund accounts they shall be payable from ‘‘Compensation
and pensions’’.
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SEC. 107. Notwithstanding any other provision of law, during
fiscal year 2005, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund (38 U.S.C. 1920), the Vet-
erans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United
States Government Life Insurance Fund (38 U.S.C. 1955), reimburse
the ‘‘General operating expenses’’ account for the cost of administra-
tion of the insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the surplus
earnings accumulated in an insurance program in fiscal year 2005
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the Secretary
shall determine the cost of administration for fiscal year 2005
which is properly allocable to the provision of each insurance pro-
gram and to the provision of any total disability income insurance
included in such insurance program.
SEC. 108. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise Fund
pilot program authorized to be established by section 403 of Public
Law 103–356 until October 1, 2005: Provided, That the Franchise
Fund, established by title I of Public Law 104–204 to finance
the operations of the Franchise Fund pilot program, shall continue
until October 1, 2005.
SEC. 109. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds
are received.
SEC. 110. Funds available in any Department of Veterans
Affairs appropriation for fiscal year 2005 or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management and the Office
of Employment Discrimination Complaint Adjudication for all serv-
ices provided at rates which will recover actual costs but not exceed
$29,318,000 for the Office of Resolution Management and
$3,059,000 for the Office of Employment and Discrimination Com-
plaint Adjudication: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to ‘‘Gen-
eral operating expenses’’ for use by the office that provided the
service.
SEC. 111. No appropriations in this Act for the Department
of Veterans Affairs shall be available to enter into any new lease
of real property if the estimated annual rental is more than
$300,000 unless the Secretary submits a report which the Commit-
tees on Appropriations of the Congress approve within 30 days
following the date on which the report is received.
SEC. 112. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in sec-
tion 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
Reports.
Deadline.
31 USC 501 note.
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118 STAT. 3293
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may require, current, accurate third-party reimbursement informa-
tion for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
SEC. 113. Of the amounts provided in this Act, $25,000,000
shall be for information technology initiatives to support the enter-
prise architecture of the Department of Veterans Affairs.
SEC. 114. None of the funds made available to the Department
in this Act, or any other Act, may be used to implement sections
2 and 5 of Public Law 107–287.
SEC. 115. (a) Hereafter receipts that would otherwise be cred-
ited to the accounts listed in subsection (c) shall be deposited
into the Medical Care Collections Fund, and shall be transferred
to and merged with the ‘‘Medical services’’ account, in fiscal year
2005 and subsequent years, to remain available until expended,
to carry out the purposes of the ‘‘Medical services’’ account.
(b) The unobligated balances in the accounts listed in subsection
(c), shall be transferred to and merged with the ‘‘Medical services’’
account in fiscal year 2005 and subsequent years, and remain
available until expended, to carry out the purposes of the ‘‘Medical
services’’ account: Provided, That the obligated balances in these
accounts may be transferred to the ‘‘Medical services’’ account at
the discretion of the Secretary of Veterans Affairs and shall remain
available until expended.
(c) Veterans Extended Care Revolving Fund; Medical Facilities
Revolving Fund; Special Therapeutic and Rehabilitation Fund;
Nursing Home Revolving Fund; Veterans Health Services Improve-
ment Fund; and Parking Revolving Fund.
SEC. 116. (a) The Secretary of Veterans Affairs shall conduct
by contract a program of recovery audits for the fee basis and
other medical services contracts with respect to payments for hos-
pital care. Notwithstanding section 3302(b) of title 31, United States
Code, amounts collected, by setoff or otherwise, as the result of
such audits shall be available, without fiscal year limitation, for
the purposes for which funds are appropriated under ‘‘Medical
services’’ and the purposes of paying a contractor a percent of
the amount collected as a result of an audit carried out by the
contractor.
(b) All amounts so collected under subsection (a) with respect
to a designated health care region (as that term is defined in
section 1729A(d)(2) of title 38, United States Code) shall be allo-
cated, net of payments to the contractor, to that region.
SEC. 117. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or revenues
derived from enhanced-use leasing activities (including disposal)
that are deposited into the Medical Care Collections Fund may
be transferred and merged with ‘‘Construction, major projects’’ and
‘‘Construction, minor projects’’ accounts and be used for construction
(including site acquisition and disposition), alterations and improve-
ments of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ‘‘Construction, major
projects’’ and ‘‘Construction, minor projects’’.
Contracts.
Health and
health care.
38 USC 1729A
note.
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118 STAT. 3294
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 118. Amounts made available under ‘‘Medical services’’
are available—
(1) for furnishing recreational facilities, supplies, and equip-
ment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the department.
SEC. 119. That such sums as may be deposited to the Medical
Care Collections Fund pursuant to 38 U.S.C. 1729A may be trans-
ferred to ‘‘Medical services’’, to remain available until expended
for the purposes of this account.
SEC. 120. Amounts made available for fiscal year 2005 under
the ‘‘Medical services’’, ‘‘Medical administration’’, and ‘‘Medical
facilities’’ accounts may be transferred between the accounts to
the extent necessary to implement the restructuring of the Veterans
Health Administration accounts after notice of the amount and
purpose of the transfer is provided to the Committees on Appropria-
tions of the Senate and House of Representatives and a period
of 30 days has elapsed: Provided, That the limitation on transfers
is 20 percent in fiscal year 2005.
SEC. 121. Any appropriation for fiscal year 2005 for the Vet-
erans Benefits Administration made available under the heading
‘‘General operating expenses’’ may be transferred to the ‘‘Veterans
Housing Benefit Program Fund Program Account’’ for the purpose
of providing funds for the nationwide property management contract
if the administrative costs of such contract exceed $8,800,000 in
the budget year.
SEC. 122. The Department of Veterans Affairs is authorized
to expend such sums as are available in the unobligated balances
of the funds originally appropriated to ‘‘Medical Care’’ for emergency
expenses resulting from the January 1994 earthquake in southern
California in Public Law 103–211, Emergency Supplemental Appro-
priations Act of 1994, for the same purposes of the ‘‘Medical Serv-
ices’’ account, to remain available until expended.
SEC. 123. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs (Secretary) shall allow veterans
eligible under existing VA Medical Care requirements and who
reside in Alaska to obtain medical care services from medical facili-
ties supported by the Indian Health Services or tribal organizations.
The Secretary shall: (1) limit the application of this provision to
rural Alaskan veterans in areas where an existing VA facility
or VA-contracted service is unavailable; (2) require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary; (3) require this provi-
sion to be consistent with CARES; and (4) result in no additional
cost to the Department of Veterans Affairs or the Indian Health
Service.
SEC. 124. Of the funds made available under the heading
‘‘Construction, minor projects’’ in chapter 11 of division B of the
Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005, Public Law 108–324, the
Secretary of Veterans Affairs may transfer up to $19,800,000 to
the ‘‘Medical Facilities’’ account for non-recurring maintenance
expenses related to hurricane and tropical storm damage.
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118 STAT. 3295
PUBLIC LAW 108–447—DEC. 8, 2004
TITLE II—DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
PUBLIC AND INDIAN HOUSING
TENANT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),
not otherwise provided for, $14,885,000,000, to remain available
until expended, of which $10,685,000,000 shall be available on
October 1, 2004 and $4,200,000,000 shall be available on October
1, 2005: Provided, That the amounts made available under this
heading are provided as follows:
(1) $13,462,989,000 for renewals of expiring section 8 ten-
ant-based annual contributions contracts (including renewals
of enhanced vouchers under any provision of law authorizing
such assistance under section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from amounts pro-
vided under this paragraph, the Secretary for the calendar
year 2005 funding cycle shall renew such contracts for each
public housing agency based on verified Voucher Management
System (VMS) leasing and cost data averaged for the months
of May, June, and July of 2004, and by applying the 2005
Annual Adjustment Factor as established by the Secretary,
and by making any necessary adjustments for the costs associ-
ated with the first-time renewal of tenant protection or HOPE
VI vouchers: Provided further, That if such data is not available,
verifiable, or complete, the Secretary shall use verified VMS
leasing and cost data averaged for the months of February,
March, and April of 2004, and by applying the 2005 Annual
Adjustment Factor as established by the Secretary, and by
making any necessary adjustments for the costs associated
with the first-time renewal of tenant protection or HOPE VI
vouchers: Provided further, That if such data is not available,
verifiable, or complete, the Secretary shall use leasing and
cost data from the most recent end-of-year financial statements
for public housing agency fiscal years ending no later than
March 31, 2004, and by applying the 2005 Annual Adjustment
Factor as established by the Secretary, and by making any
necessary adjustments for the costs associated with the first-
time renewal of tenant protection or HOPE VI vouchers: Pro-
vided further, That the Secretary shall, to the extent necessary
to stay within the amount provided under this paragraph,
pro rate each public housing agency’s allocation otherwise
established pursuant to this paragraph: Provided further, That
the entire amount provided under this paragraph shall be obli-
gated to the public housing agencies based on the allocation
and pro rata method described above: Provided further, That
public housing agencies participating in the Moving to Work
demonstration shall be funded pursuant to their Moving to
Work agreements and shall be subject to the same pro rata
adjustments under the previous proviso: Provided further, That
none of the funds provided in this paragraph may be used
to support a total number of unit months under lease which
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118 STAT. 3296
PUBLIC LAW 108–447—DEC. 8, 2004
exceeds a public housing agency’s authorized level of units
under contract;
(2) $163,000,000 for section 8 rental assistance for reloca-
tion and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescis-
sions and Appropriations Act of 1996 (Public Law 104–134),
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request
from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, and tenant protection assistance,
including replacement and relocation assistance;
(3) $46,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) $2,904,000 shall be transferred to the Working Capital
Fund; and
(5) $1,210,107,000 for administrative and other expenses
of public housing agencies in administering the section 8 tenant-
based rental assistance program, of which up to $25,000,000
shall be available to the Secretary to allocate to public housing
agencies that need additional funds to administer their section
8 programs: Provided, That $1,185,107,000 of the amount pro-
vided in this paragraph shall be allocated for the calendar
year 2005 funding cycle on a pro rata basis to public housing
agencies based on the amount public housing agencies were
eligible to receive in calendar year 2004: Provided further,
That all amounts provided under this paragraph shall be only
for activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities.
PROJECT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937,
as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), not otherwise
provided for, $5,341,000,000 to remain available until expended:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $5,237,100,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based 
subsidy 
contracts 
(including 
section 
8 
moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance
Act, for renewal of section 8 contracts for units in projects
that are subject to approved plans of action under the Emer-
gency Low Income Housing Preservation Act of 1987 or the
Low-Income Housing Preservation and Resident Homeowner-
ship Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded
under this paragraph.
(2) $101,900,000 for performance-based contract adminis-
trators for section 8 project-based assistance.
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118 STAT. 3297
PUBLIC LAW 108–447—DEC. 8, 2004
(3) $2,000,000 shall be transferred to the Working Capital
Fund.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of
1937, as amended (42 U.S.C. 1437g) (the ‘‘Act’’) $2,600,000,000,
to remain available until September 30, 2008: Provided, That not-
withstanding any other provision of law or regulation, during fiscal
year 2005, the Secretary may not delegate to any Department
official other than the Deputy Secretary and the Assistant Secretary
for Public and Indian Housing any authority under paragraph (2)
of section 9(j) regarding the extension of the time periods under
such section: Provided further, That for purposes of such section
9(j), the term ‘‘obligate’’ means, with respect to amounts, that the
amounts are subject to a binding agreement that will result in
outlays, immediately or in the future: Provided further, That of
the total amount provided under this heading, up to $38,700,000
shall be for carrying out activities under section 9(h) of such Act,
of which $12,500,000 shall be for the provision of remediation
services to public housing agencies identified as ‘‘troubled’’ under
the Section 8 Management Assessment Program and for surveys
used to calculate local Fair Market Rents and assess housing condi-
tions in connection with rental assistance under section 8 of the
Act: Provided further, That $10,150,000 shall be transferred to
the Working Capital Fund: Provided further, That no funds may
be used under this heading for the purposes specified in section
9(k) of the United States Housing Act of 1937, as amended: Provided
further, That of the total amount provided under this heading,
up to $30,000,000 shall be available for the Secretary of Housing
and Urban Development to make grants, notwithstanding section
205 of this Act, to public housing agencies for emergency capital
needs resulting from unforeseen emergencies and natural disasters
occurring in fiscal year 2005: Provided further, That of the total
amount provided under this heading, $53,500,000 shall be for sup-
portive services, service coordinators and congregate services as
authorized by section 34 of the Act and the Native American
Housing Assistance and Self-Determination Act of 1996: Provided
further, That up to $3,000,000 is to support the costs of administra-
tive and judicial receiverships in effect prior to date of enactment
of this Act: Provided further, That of the total amount provided
under this heading, $15,000,000 shall be for Neighborhood Networks
grants for activities authorized in section 9(d)(1)(E) of the United
States Housing Act of 1937, as amended, of which up to $1,000,000
may be used for technical assistance in connection with such grants
as authorized in section 9(h)(8) of such Act: Provided further, That
notwithstanding any other provision of law, amounts made available
in the previous proviso shall be awarded to public housing agencies
on a competitive basis: Provided further, That notwithstanding sec-
tion 9(d)(1)(E) of the United States Housing Act of 1937, any
Neighborhood Networks computer center established with funding
made available under this heading in this or any other Act, shall
be available for use by residents of public housing and residents
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118 STAT. 3298
PUBLIC LAW 108–447—DEC. 8, 2004
of other housing assisted with funding made available under this
title in this Act or any other Act.
PUBLIC HOUSING OPERATING FUND
For 2005 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937, as amended (42 U.S.C.
1437g(e)), $2,458,000,000, of which $10,000,000 in bonus funds shall
be provided to public housing agencies that assist program partici-
pants in moving away from dependency on housing assistance pro-
grams: Provided, That of the total amount provided under this
heading, $8,000,000 shall be for programs, as determined appro-
priate by the Attorney General, which assist in the investigation,
prosecution, and prevention of violent crimes and drug offenses
in public and federally-assisted low-income housing, including
Indian housing, which shall be administered by the Department
of Justice through a cooperative agreement with the Department
of Housing and Urban Development: Provided further, That any
such 2005 payment shall be provided in an amount sufficient to
cover only the period beginning with the start of a public housing
agency’s fiscal year and ending on December 31, 2005: Provided
further, That for fiscal year 2006 and all fiscal years thereafter,
the Secretary shall provide assistance under this heading to public
housing agencies on a calendar year basis: Provided further, That,
in fiscal year 2005 and all fiscal years hereafter, no amounts under
this heading in any appropriations Act may be used for payments
to public housing agencies for the costs of operation and manage-
ment of public housing for any year prior to the current year
of such Act: Provided further, That no funds may be used under
this heading for the purposes specified in section 9(k) of the United
States Housing Act of 1937, as amended.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance
grants to projects as authorized by section 24 of the United States
Housing Act of 1937, as amended, $144,000,000, to remain available
until September 30, 2006, of which the Secretary may use up
to $4,000,000 for technical assistance and contract expertise, to
be provided directly or indirectly by grants, contracts or cooperative
agreements, including training and cost of necessary travel for
participants in such training, by or to officials and employees of
the department and of public housing agencies and to residents:
Provided, That none of such funds shall be used directly or indirectly
by granting competitive advantage in awards to settle litigation
or pay judgments, unless expressly permitted herein.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFERS OF FUNDS)
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111
et seq.), $627,000,000, to remain available until expended, of which
$2,200,000 shall be contracted through the Secretary as technical
42 USC 1437g
note.
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118 STAT. 3299
PUBLIC LAW 108–447—DEC. 8, 2004
assistance and capacity building to be used by the National Amer-
ican Indian Housing Council in support of the implementation
of NAHASDA; of which $4,500,000 shall be to support the inspection
of Indian housing units, contract expertise, training, and technical
assistance in the training, oversight, and management of Indian
housing and tenant-based assistance, including up to $300,000 for
related travel; and of which $2,600,000 shall be transferred to
the Working Capital Fund: Provided, That of the amount provided
under this heading, $2,000,000 shall be made available for the
cost of guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided further, That such costs, including
the costs of modifying such notes and other obligations, shall be
as defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That these funds are available to
subsidize the total principal amount of any notes and other obliga-
tions, any part of which is to be guaranteed, not to exceed
$17,926,000: Provided further, That for administrative expenses
to carry out the guaranteed loan program, up to $150,000 from
amounts in the first proviso, which shall be transferred to and
merged with the appropriation for ‘‘Salaries and expenses’’, to be
used only for the administrative costs of these guarantees.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a), $5,000,000, to remain available until expended:
Provided, That such costs, including the costs of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $145,345,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the
first paragraph, which shall be transferred to and merged with
the appropriation for ‘‘Salaries and expenses’’, to be used only
for the administrative costs of these guarantees.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z–13b), $1,000,000, to remain available until
expended: Provided, That such costs, including the costs of modi-
fying such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $37,403,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ‘‘Salaries and expenses’’, to be used only for the
administrative costs of these guarantees.
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118 STAT. 3300
PUBLIC LAW 108–447—DEC. 8, 2004
COMMUNITY PLANNING AND DEVELOPMENT
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $284,000,000, to remain available
until September 30, 2006: Provided, That the Secretary shall renew
all expiring contracts for permanent supportive housing that were
funded under section 854(c)(3) of such Act that meet all program
requirements before awarding funds for new contracts and activities
authorized under this section: Provided further, That the Secretary
may use up to $2,500,000 of the funds under this heading for
training, oversight, and technical assistance activities.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
For the Office of Rural Housing and Economic Development
in the Department of Housing and Urban Development, $24,000,000
to remain available until expended, which amount shall be competi-
tively awarded by September 1, 2005, to Indian tribes, State housing
finance agencies, State community and/or economic development
agencies, local rural nonprofits and community development cor-
porations to support innovative housing and economic development
activities in rural areas.
EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES
For grants in connection with a second round of empowerment
zones and enterprise communities, $10,000,000, to remain available
until September 30, 2005, for ‘‘Urban Empowerment Zones’’, as
authorized in section 1391(g) of the Internal Revenue Code of 1986
(26 U.S.C. 1391(g)), including $666,666 for each empowerment zone
for use in conjunction with economic development activities con-
sistent with the strategic plan of each empowerment zone.
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFERS OF FUNDS)
For assistance to units of State and local government, and
to other entities, for economic and community development activi-
ties, and for other purposes, $4,709,000,000, to remain available
until September 30, 2007, unless otherwise specified: Provided,
That of the amount provided, $4,150,035,000 is for carrying out
the community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading (except for plan-
ning grants provided in the third paragraph and amounts made
available in the second paragraph), not to exceed 20 percent of
any grant made with funds appropriated under this heading (other
than a grant made available in this paragraph to the Housing
Assistance Council or the National American Indian Housing
Council, or a grant using funds under section 107(b)(3) of the
Act) shall be expended for planning and management development
and administration: Provided further, That $69,000,000 shall be
for grants to Indian tribes notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
Contracts.
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118 STAT. 3301
PUBLIC LAW 108–447—DEC. 8, 2004
(including section 205 of this Act), up to $4,000,000 may be used
for emergencies that constitute imminent threats to health and
safety; $3,300,000 shall be for a grant to the Housing Assistance
Council; $2,400,000 shall be for a grant to the National American
Indian Housing Council; $4,800,000 shall be available as a grant
to the National Housing Development Corporation, for operating
expenses not to exceed $2,000,000 and for a program of affordable
housing acquisition and rehabilitation; $4,800,000 shall be available
as a grant to the Raza Development Fund of La Raza for the
HOPE Fund, of which $500,000 is for technical assistance and
fund management, and $4,300,000 is for investments in the HOPE
Fund and financing to affiliated organizations; $43,700,000 shall
be for grants pursuant to section 107 of the Act, of which $9,000,000
shall be for the Native Hawaiian block grant authorized under
title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996, to remain available until expended,
of which $500,000 shall be for training and technical assistance;
$3,465,000 shall be transferred to the Working Capital Fund;
$25,000,000 shall be for grants pursuant to the Self Help
Homeownership Opportunity Program; $34,500,000 shall be for
capacity building, of which $30,000,000 shall be for Capacity
Building for Community Development and Affordable Housing for
LISC and the Enterprise Foundation for activities as authorized
by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), as in effect immediately before June 12, 1997, with
not less than $5,000,000 of the funding to be used in rural areas,
including tribal areas, and of which $4,500,000 shall be for capacity
building activities administered by Habitat for Humanity Inter-
national; $2,000,000 shall be for the Special Olympics National
Games Organizing Committee for planning, equipment, and oper-
ational expenses associated with the 2006 games in Ames, Iowa;
$62,000,000 shall be available for YouthBuild program activities
authorized by subtitle D of title IV of the Cranston-Gonzalez
National Affordable Housing Act, as amended, and such activities
shall be an eligible activity with respect to any funds made available
under this heading: Provided, That local YouthBuild programs that
demonstrate an ability to leverage private and nonprofit funding
shall be given a priority for YouthBuild funding: Provided further,
That no more than 10 percent of any grant award under the
YouthBuild program may be used for administrative costs: Provided
further, That of the amount made available for YouthBuild not
less than $9,000,000 is for grants to establish YouthBuild programs
in underserved and rural areas and $2,000,000 is to be made
available for a grant to YouthBuild USA for capacity building
for community development and affordable housing activities as
specified in section 4 of the HUD Demonstration Act of 1993,
as amended.
Of the amount made available under this heading, $42,000,000
shall be available for neighborhood initiatives that are utilized
to improve the conditions of distressed and blighted areas and
neighborhoods, to stimulate investment, economic diversification,
and community revitalization in areas with population outmigration
or a stagnating or declining economic base, or to determine whether
housing benefits can be integrated more effectively with welfare
reform initiatives: Provided, That amounts made available under
this paragraph shall be provided in accordance with the terms
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118 STAT. 3302
PUBLIC LAW 108–447—DEC. 8, 2004
and conditions specified in the statement of managers accompanying
this Act.
Of the amount made available under this heading, $262,000,000
shall be available for grants for the Economic Development Initia-
tive (EDI) to finance a variety of targeted economic investments
in accordance with the terms and conditions specified in the state-
ment of managers accompanying this Act: Provided, That none
of the funds provided under this paragraph may be used for program
operations.
The referenced statement of the managers under this heading
in Public Law 108–7 is deemed to be amended with respect to
item number 2 with respect to amounts made available for the
City of Boaz, Alabama by striking ‘‘facilities renovation and expan-
sion’’ and inserting ‘‘construction of a new library’’.
The referenced statement of the managers under this heading
in Public Law 108–7 is deemed to be amended with respect to
item number 740 by striking ‘‘facilities renovation and construction’’
and inserting ‘‘an economic development planning study’’.
The referenced statement of the managers under this heading
in Public Law 108–7 is deemed to be amended with respect to
item number 254 by striking ‘‘Greater Community Council in Louis-
ville, Kentucky for construction of a facility for low-income, disabled
persons’’ and inserting ‘‘Portland Promise, Inc., in Louisville, Ken-
tucky for a multi-purpose facility’’.
The referenced statement of the managers under this heading
in Public Law 108–7 is deemed to be amended with respect to
item number 10 with respect to amounts made available to the
St. Stephen Family Life Center in Louisville, Kentucky by striking
‘‘renovation’’ and inserting ‘‘construction’’.
The referenced statement of the managers under this heading
in Public Law 108–7 is deemed to be amended with respect to
item number 584 with respect to amounts made available for
Queens Borough Public Library in Queens, New York by striking
‘‘for facilities rehabilitation and expansion of the Parsons Boulevard
complex’’ and inserting ‘‘for facilities construction and renovations’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 198 by striking ‘‘$160,000 for the Pine Mountain
Beautification and Economic Development project in Harris County,
Georgia for streetscape improvements’’ and inserting ‘‘$60,000 for
the Beautification and Economic Development project in Harris
County, Georgia for construction; and $100,000 for the Beautifi-
cation and Economic Development project in the Town of Pine
Mountain, Georgia for streetscape improvements’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 96 with respect to amounts made available for
the City of Corona, California by striking ‘‘construction’’ and
inserting ‘‘rehabilitation and conversion’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 257 with respect to amounts made available for
Fort Dodge, Iowa by inserting ‘‘planning, design and’’ before the
word ‘‘facilities’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 776 with respect to amounts made available for
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118 STAT. 3303
PUBLIC LAW 108–447—DEC. 8, 2004
Rice University by inserting ‘‘planning, design and’’ before the word
‘‘construction’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 535 by striking ‘‘facilities renovation, expansion
and buildout for the D’Youville College Library Improvement
project’’ and inserting ‘‘Administration building renovation’’.
The referenced statement of the managers under this heading
in Public Law 108–7 is deemed to be amended with respect to
item number 215 by striking ‘‘construction of a fieldhouse located
at 39th and Cottage Grove’’ and inserting ‘‘costs associated with
construction of a LULA lift at Ogden Park’’.
The referenced statement of the managers under this heading
in Public Law 108–7 is deemed to be amended with respect to
item number 831 by striking ‘‘Bread and Rose in Olympia, Wash-
ington for renovations to a homeless shelter’’ and inserting ‘‘Catholic
Community Services in Olympia, Washington for construction of
a homeless shelter’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 303 by striking ‘‘Maine Environmental’’ and
inserting ‘‘Marine Environmental’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 163 by striking ‘‘a special needs evacuation, senior,
multipurpose center’’ and inserting ‘‘for Lakefront improvements
to Lake Toho’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 499 by striking ‘‘relocation of and renovations
to the Wolcott Carriage House’’ and inserting ‘‘facilities improve-
ments to Erie Canal parks’’.
The referenced statement of the managers under this heading
in title II of Public Law 107–73; H. Rept. 107–272 is deemed
to be amended by striking ‘‘Southern New Mexico Fair and Rodeo
in Dona Ana County for infrastructure improvements and to build
a multipurpose event center;’’ and inserting the following: ‘‘Dona
Ana County, New Mexico, for the Southern New Mexico State
Fair to make infrastructure improvements and to build a multi-
purpose event center;’’.
The referenced statement of the managers under this heading
in title II of division G of the Consolidated Appropriations Resolu-
tion, 2004 (Public Law 108–199; H. Rept. 108–401) is deemed to
be amended with respect to item 218 by striking ‘‘construction’’
and inserting ‘‘planning and design’’.
The statement of managers accompanying Public Law 106–
74, as amended by chapter 8 of title II of the Emergency Supple-
mental Act, 2000 (Public Law 106–246), is further amended by
inserting ‘‘, to remain available to be expended until September
30, 2007,’’ after ‘‘$25,000,000’’.
The referenced statement of managers under the heading in
title II of division G of the Consolidated Appropriations Resolution,
2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be
amended with respect to numbers 418 and 423 by striking both
specified grants and inserting ‘‘418. $900,000 to Northland
Neighborhoods, Inc., in Clay County, Missouri for the expansion
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118 STAT. 3304
PUBLIC LAW 108–447—DEC. 8, 2004
of the current Home Repair Program to provide home repairs to
low- to moderate-income neighborhoods;’’.
The referenced statement of managers under this heading in
title II of division G of the Consolidated Appropriations Resolution,
2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be
amended with respect to item 791 by inserting ‘‘for planning and
design’’ after ‘‘Texas’’.
The referenced statement of managers under this heading in
title II of division G of the Consolidated Appropriations Resolution,
2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be
amended with respect to item 218 by striking ‘‘construction’’ and
inserting ‘‘planning and design’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 169 by striking ‘‘for renovation of an aviation
high technology facility’’ and inserting the following: ‘‘for a feasi-
bility study of a facilities improvement to the Airco Complex and
surrounding properties’’.
The referenced statement of the managers under this heading
in Public Law 108–7 is deemed to be amended with respect to
item number 740 by striking ‘‘for facilities renovation and construc-
tion’’ and inserting ‘‘for development and continuation of the
National Medal of Honor Museum of Military History’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 163 by striking ‘‘for a special needs evacuation,
senior, multipurpose center’’ and inserting ‘‘for construction at the
Lakefront Improvement Project’’.
The referenced statement of the managers under this heading
in Public Law 108–7 is deemed to be amended with respect to
item number 54 by striking ‘‘for renovation of facilities’’ and
inserting ‘‘for the Screen Education Center’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 104 by striking ‘‘to Sonoma State University in
California for construction of the Green Music Center’’ and inserting
‘‘to Center Point, Inc., to acquire and renovate a facility for the
adolescent residential treatment center’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 4 by striking ‘‘for renovation of the old Uniontown
Middle School’’ and inserting ‘‘for enhancements to facilities for
industrial development’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 583 by striking ‘‘$200,000 to the North Carolina
Museum of Natural Sciences for construction of the Nature Research
Center’’ and inserting ‘‘$200,000 to the Friends of the North Caro-
lina Museum of Natural Sciences for construction of the Nature
Research Center’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 469 by striking ‘‘to Rutgers University in New
Jersey land acquisition for LEAP University High School’’ and
inserting ‘‘to the LEAP Academy University Charter High School
in Camden City, New Jersey for facilities construction, renovation,
and buildout’’.
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PUBLIC LAW 108–447—DEC. 8, 2004
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 575 by striking ‘‘construction’’ and inserting
‘‘acquisition, renovation’’.
The referenced statement of the managers under this heading
in Public Law 108–199 is deemed to be amended with respect
to item number 683 by striking ‘‘for construction related to Bailey
Park and downtown streetscape, beautification, building renovation
and restoration’’ and inserting ‘‘for master plan development,
building acquisition, demolition, renovation and restoration’’.
Section 167 of division H of Public Law 108–199 is amended
by allocating the funding made available under the heading
‘‘Community Development Fund for project number 177 (House
Report 108–235) to the Chicago Children’s Choir Academy in Illinois
for facility design and construction’’.
The referenced statement of the managers under this heading
in title II of division G of the Consolidated Appropriations Resolu-
tion, 2004 (Public Law 108–199; H. Rept. 108–401) is deemed to
be amended with respect to item 24 by striking ‘‘Tuscaloosa County
Commission for Community Development in Tuscaloosa County,
Alabama;’’ and inserting ‘‘City of Tuscaloosa for community develop-
ment in Tuscaloosa, Alabama;’’.
The referenced statement of the managers under this heading
in title II of division G of the Consolidated Appropriations Resolu-
tion, 2004 (Public Law 108–199; H. Rept. 108–401) is deemed to
be amended with respect to item 796 by striking ‘‘Community
Center’’ and inserting ‘‘Convention Center’’.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, $6,000,000, to remain avail-
able until September 30, 2006, as authorized by section 108 of
the Housing and Community Development Act of 1974, as amended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $275,000,000, notwithstanding any
aggregate limitation on outstanding obligations guaranteed in sec-
tion 108(k) of the Housing and Community Development Act of
1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $1,000,000, which shall be transferred
to and merged with the appropriation for ‘‘Salaries and expenses’’.
BROWNFIELDS REDEVELOPMENT
For competitive economic development grants, as authorized
by section 108(q) of the Housing and Community Development
Act of 1974, as amended, for Brownfields redevelopment projects,
$24,000,000, to remain available until September 30, 2006.
114 Stat. 452.
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PUBLIC LAW 108–447—DEC. 8, 2004
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable Housing
Act, as amended, $1,865,000,000, to remain available until Sep-
tember 30, 2007: Provided, That of the total amount provided in
this paragraph, up to $42,000,000 shall be available for housing
counseling under section 106 of the Housing and Urban Develop-
ment Act of 1968, and $2,000,000 shall be transferred to the
Working Capital Fund.
In addition to amounts otherwise made available under this
heading, $50,000,000, to remain available until September 30, 2007,
for assistance to homebuyers as authorized under title I of the
American Dream Downpayment Act.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance
Act, as amended; the supportive housing program as authorized
under subtitle C of title IV of such Act; the section 8 moderate
rehabilitation single room occupancy program as authorized under
the United States Housing Act of 1937, as amended, to assist
homeless individuals pursuant to section 441 of the McKinney-
Vento Homeless Assistance Act; and the shelter plus care program
as authorized under subtitle F of title IV of such Act,
$1,250,515,000, of which $1,230,515,000 shall remain available until
September 30, 2007, and of which $20,000,000 shall remain avail-
able until expended: Provided, That not less than 30 percent of
funds made available, excluding amounts provided for renewals
under the shelter plus care program, shall be used for permanent
housing: Provided further, That all funds awarded for services shall
be matched by 25 percent in funding by each grantee: Provided
further, That the Secretary shall renew on an annual basis expiring
contracts or amendments to contracts funded under the shelter
plus care program if the program is determined to be needed
under the applicable continuum of care and meets appropriate
program requirements and financial standards, as determined by
the Secretary: Provided further, That all awards of assistance under
this heading shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and
employment programs for which homeless populations may be
eligible, including Medicaid, State Children’s Health Insurance Pro-
gram, Temporary Assistance for Needy Families, Food Stamps,
and services funding through the Mental Health and Substance
Abuse Block Grant, Workforce Investment Act, and the Welfare-
to-Work grant program: Provided further, That up to $11,500,000
of the funds appropriated under this heading shall be available
for the national homeless data analysis project and technical assist-
ance: Provided further, That $2,500,000 of the funds appropriated
under this heading shall be transferred to the Working Capital
Fund: Provided further, That all balances for Shelter Plus Care
renewals previously funded from the Shelter Plus Care Renewal
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118 STAT. 3307
PUBLIC LAW 108–447—DEC. 8, 2004
account shall be transferred to this account, to be available for
Shelter Plus Care renewals in fiscal year 2005.
HOUSING PROGRAMS
HOUSING FOR THE ELDERLY
(INCLUDING TRANSFER OF FUNDS)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term,
and 
for 
supportive 
services 
associated 
with 
the 
housing,
$747,000,000, to remain available until September 30, 2008, of
which amount $50,000,000 shall be for service coordinators and
the continuation of existing congregate service grants for residents
of assisted housing projects, and of which amount up to $25,000,000
shall be for grants under section 202b of the Housing Act of 1959
(12 U.S.C. 1701q–2) for conversion of eligible projects under such
section to assisted living or related use and for emergency capital
repairs as determined by the Secretary: Provided, That of the
amount made available under this heading, $18,000,000 shall be
available to the Secretary of Housing and Urban Development
only for making competitive grants to private nonprofit organiza-
tions and consumer cooperatives for covering costs of architectural
and engineering work, site control, and other planning relating
to the development of supportive housing for the elderly that is
eligible for assistance under section 202 of the Housing Act of
1959 (12 U.S.C. 1701q): Provided further, That $450,000 shall be
transferred to the Working Capital Fund: Provided further, That
the Secretary may waive the provisions of section 202 governing
the terms and conditions of project rental assistance, except that
the initial contract term for such assistance shall not exceed 5
years in duration.
Title II of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations
Act, 2004, is amended under this heading by striking the fourth
proviso.
HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING TRANSFER OF FUNDS)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabil-
ities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act, for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance
for up to a 1-year term, and for supportive services associated
with the housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, and for tenant-based rental assistance
contracts entered into pursuant to section 811 of such Act,
$240,000,000: Provided, That $450,000 shall be transferred to the
Ante, p. 384.
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118 STAT. 3308
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Working Capital Fund: Provided further, That, of the amount pro-
vided under this heading $28,890,000 shall be for amendments
to existing tenant-based assistance contracts entered into prior
to fiscal year 2004 (only one amendment authorized for any such
contract): Provided further, That of the amount provided under
this heading, the Secretary may make available up to $10,000,000
for incremental tenant-based rental assistance, as authorized by
section 811 of such Act (which assistance is 5 years in duration):
Provided further, That all tenant-based assistance made available
under this heading shall continue to remain available only to per-
sons with disabilities: Provided further, That the Secretary may
waive the provisions of section 811 governing the terms and condi-
tions of project rental assistance and tenant-based assistance, except
that the initial contract term for such assistance shall not exceed
5 years in duration.
Title II of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations
Act, 2004, is amended under this heading by striking the fourth
proviso and inserting ‘‘Provided further, That all section 811 bal-
ances outstanding, as of September 30, 2003, shall be transferred
to the appropriation under this heading.’’.
FLEXIBLE SUBSIDY FUND
(TRANSFER OF FUNDS)
From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2004, and
any collections made during fiscal year 2005 and all subsequent
fiscal years, shall be transferred to the Flexible Subsidy Fund,
as authorized by section 236(g) of the National Housing Act, as
amended.
MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National Manufac-
tured Housing Construction and Safety Standards Act of 1974,
as amended (42 U.S.C. 5401 et seq.), up to $13,000,000 to remain
available until expended, to be derived from the Manufactured
Housing Fees Trust Fund: Provided, That not to exceed the total
amount appropriated under this heading shall be available from
the general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of collections
to the Fund pursuant to section 620 of such Act: Provided further,
That the amount made available under this heading from the
general fund shall be reduced as such collections are received during
fiscal year 2005 so as to result in a final fiscal year 2005 appropria-
tion from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary
to ensure such a final fiscal year 2005 appropriation.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
During fiscal year 2005, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National Housing
12 USC 1715z–1
note.
Ante, p. 385.
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118 STAT. 3309
PUBLIC LAW 108–447—DEC. 8, 2004
Act, 
as 
amended, 
shall 
not 
exceed 
a 
loan 
principal 
of
$185,000,000,000.
During fiscal year 2005, obligations to make direct loans to
carry out the purposes of section 204(g) of the National Housing
Act, as amended, shall not exceed $50,000,000: Provided, That
the foregoing amount shall be for loans to nonprofit and govern-
mental entities in connection with sales of single family real prop-
erties owned by the Secretary and formerly insured under the
Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the guaran-
teed and direct loan program, $356,906,000, of which not to exceed
$352,906,000 shall be transferred to the appropriation for ‘‘Salaries
and expenses’’; and not to exceed $4,000,000 shall be transferred
to the appropriation for ‘‘Office of Inspector General’’. In addition,
for administrative contract expenses, $78,000,000, of which
$15,000,000 shall be transferred to the Working Capital Fund:
Provided, That to the extent guaranteed loan commitments exceed
$65,500,000,000 on or before April 1, 2005, an additional $1,400
for administrative contract expenses shall be available for each
$1,000,000 in additional guaranteed loan commitments (including
a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), including the cost of loan guarantee modifications, as that
term is defined in section 502 of the Congressional Budget Act
of 1974, as amended, $10,000,000, to remain available until
expended: Provided, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, of
up to $35,000,000,000.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the
sale of multifamily real properties owned by the Secretary and
formerly insured under such Act; and of which not to exceed
$20,000,000 shall be for loans to nonprofit and governmental enti-
ties in connection with the sale of single-family real properties
owned by the Secretary and formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $227,767,000, of
which $207,767,000 shall be transferred to the appropriation for
‘‘Salaries and expenses’’; and of which $20,000,000 shall be trans-
ferred to the appropriation for ‘‘Office of Inspector General’’.
In addition, for administrative contract expenses necessary to
carry out the guaranteed and direct loan programs, $86,000,000,
of which $9,600,000 shall be transferred to the Working Capital
Fund: Provided, That to the extent guaranteed loan commitments
exceed $8,426,000,000 on or before April 1, 2005, an additional
$1,980 for administrative contract expenses shall be available for
each $1,000,000 in additional guaranteed loan commitments over
$8,426,000,000 (including a pro rata amount for any increment
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118 STAT. 3310
PUBLIC LAW 108–447—DEC. 8, 2004
below $1,000,000), but in no case shall funds made available by
this proviso exceed $14,400,000.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available
until September 30, 2006.
For administrative expenses necessary to carry out the guaran-
teed mortgage-backed securities program, $10,695,000, to be derived
from the GNMA guarantees of mortgage-backed securities guaran-
teed loan receipt account, of which not to exceed $10,695,000, shall
be transferred to the appropriation for ‘‘Salaries and expenses’’.
POLICY DEVELOPMENT AND RESEARCH
RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–
1 et seq.), including carrying out the functions of the Secretary
under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,
$45,500,000, to remain available until September 30, 2006: Pro-
vided, That of the total amount provided under this heading,
$7,000,000 shall be for the Partnership for Advancing Technology
in Housing (PATH) Initiative: Provided further, That of the amounts
made available for PATH under this heading, $3,500,000 shall
not be subject to the requirements of section 205 of this title.
FAIR HOUSING AND EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise pro-
vided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988,
and section 561 of the Housing and Community Development Act
of 1987, as amended, $46,500,000, to remain available until Sep-
tember 30, 2006, of which $20,000,000 shall be to carry out activities
pursuant to such section 561: Provided, That no funds made avail-
able under this heading shall be used to lobby the executive or
legislative branches of the Federal Government in connection with
a specific contract, grant or loan.
OFFICE OF LEAD HAZARD CONTROL
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $168,000,000, to remain available until September
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118 STAT. 3311
PUBLIC LAW 108–447—DEC. 8, 2004
30, 2006, of which $9,900,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 that shall include research, studies,
testing, and demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-related
diseases and hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act, a grant under the Healthy Homes Initia-
tive, Operation Lead Elimination Action Plan (LEAP), or the Lead
Technical Studies program under this heading or under prior appro-
priations Acts for such purposes under this heading, shall be consid-
ered to be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made available
under this heading, $47,000,000 shall be made available on a
competitive basis for areas with the highest lead paint abatement
needs, as identified by the Secretary as having: (1) the highest
number of occupied pre-1940 units of rental housing; and (2) a
disproportionately high number of documented cases of lead-
poisoned children: Provided further, That each grantee receiving
funds under the previous proviso shall target those privately owned
units and multifamily buildings that are occupied by low-income
families as defined under section 3(b)(2) of the United States
Housing Act of 1937: Provided further, That not less than 90 percent
of the funds made available under this paragraph shall be used
exclusively for abatement, inspections, risk assessments, temporary
relocations and interim control of lead-based hazards as defined
by 42 U.S.C. 4851: Provided further, That each recipient of funds
provided under the first proviso shall make a matching contribution
in an amount not less than 25 percent: Provided further, That
each applicant shall submit a detailed plan and strategy that dem-
onstrates adequate capacity that is acceptable to the Secretary
to carry out the proposed use of funds pursuant to a Notice of
Funding Availability.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not other-
wise provided for, including purchase of uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger
motor vehicles; services as authorized by 5 U.S.C. 3109; and not
to exceed $25,000 for official reception and representation expenses,
$1,120,000,000, of which $560,673,000 shall be provided from the
various funds of the Federal Housing Administration, $10,695,000
shall be provided from funds of the Government National Mortgage
Association, $1,000,000 shall be provided from the ‘‘Community
development loan guarantees program’’ account, $150,000 shall be
provided by transfer from the ‘‘Native American housing block
grants’’ account, $250,000 shall be provided by transfer from the
‘‘Indian housing loan guarantee fund program’’ account and $35,000
shall be transferred from the ‘‘Native Hawaiian housing loan guar-
antee fund’’ account: Provided, That funds made available under
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118 STAT. 3312
PUBLIC LAW 108–447—DEC. 8, 2004
this heading shall only be allocated in the manner specified in
the report accompanying this Act unless the Committees on Appro-
priations of both the House of Representatives and the Senate
are notified of any changes in an operating plan or reprogramming:
Provided further, That no official or employee of the Department
shall be designated as an allotment holder unless the Office of
the Chief Financial Officer (OCFO) has determined that such allot-
ment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives:
Provided further, That the Chief Financial Officer shall establish
positive control of and maintain adequate systems of accounting
for appropriations and other available funds as required by 31
U.S.C. 1514: Provided further, That for purposes of funds control
and determining whether a violation exists under the Anti-Defi-
ciency Act (31 U.S.C. 1341 et seq.), the point of obligation shall
be the executed agreement or contract, except with respect to insur-
ance and guarantee programs, certain types of salaries and expenses
funding, and incremental funding that is authorized under an
executed agreement or contract, and shall be designated in the
approved funds control plan: Provided further, That the Chief Finan-
cial Officer shall: (1) appoint qualified personnel to conduct inves-
tigations of potential or actual violations; (2) establish minimum
training requirements and other qualifications for personnel that
may be appointed to conduct investigations; (3) establish guidelines
and timeframes for the conduct and completion of investigations;
(4) prescribe the content, format and other requirements for the
submission of final reports on violations; and (5) prescribe such
additional policies and procedures as may be required for conducting
investigations of, and administering, processing, and reporting on,
potential and actual violations of the Anti-Deficiency Act and all
other statutes and regulations governing the obligation and expendi-
ture of funds made available in this or any other Act: Provided
further, That up to $20,000,000 may be transferred to the Working
Capital Fund: Provided further, That the Secretary shall fill 7
out of 10 vacancies at the GS–14 and GS–15 levels until the
total number of GS–14 and GS–15 positions in the Department
has been reduced from the number of GS–14 and GS–15 positions
on the date of enactment of Public Law 106–377 by 21⁄2 percent.
WORKING CAPITAL FUND
For additional capital for the Working Capital Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure
for Department-wide information technology systems, for the con-
tinuing operation of both Department-wide and program-specific
information systems, and for program-related development activi-
ties, $270,000,000, to remain available until September 30, 2006:
Provided, That any amounts transferred to this Fund under this
Act shall remain available until expended: Provided further, That
any amounts transferred to this Fund from amounts appropriated
by previously enacted appropriations Acts or from within this Act
may be used only for the purposes specified under this Fund,
in addition to the purposes for which such amounts were appro-
priated.
Government
organization.
Employment.
Requirements.
Guidelines.
42 USC 3549
note.
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118 STAT. 3313
PUBLIC LAW 108–447—DEC. 8, 2004
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$104,000,000, of which $24,000,000 shall be provided from the
various funds of the Federal Housing Administration: Provided,
That the Inspector General shall have independent authority over
all personnel issues within this office: Provided further, That
$300,000 shall be transferred to the Working Capital Fund.
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed $500
for official reception and representation expenses, $59,209,000, to
remain available until expended, to be derived from the Federal
Housing Enterprises Oversight Fund: Provided, That of the amount
made available under this heading, $5,000,000 is for litigation
and to continue ongoing special investigations of the Federal
housing enterprises: Provided further, That the Director shall
submit a spending plan for the amounts provided under this heading
no later than January 15, 2005: Provided further, That not less
than 80 percent of total amount made available under this heading
shall be used only for examination, supervision, and capital over-
sight of the enterprises (as such term is defined in section 1303
of the Federal Housing Enterprises Financial Safety and Soundness
Act of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are
operating in a financially safe and sound manner and complying
with the capital requirements under Subtitle B of such Act: Provided
further, That not to exceed the amount provided herein shall be
available from the general fund of the Treasury to the extent
necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received during
the fiscal year so as to result in a final appropriation from the
general fund estimated at not more than $0.
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the unobligated balances, including recaptures and carry-
over, remaining from funds appropriated to the Department of
Housing and Urban Development under this heading or the heading
‘‘Annual contributions for assisted housing’’ or any other heading
for fiscal year 2004 and prior years, $1,557,000,000 is rescinded,
to be effected by the Secretary no later than September 30, 2005:
Provided, That any such balances governed by reallocation provi-
sions under the statute authorizing the program for which the
funds were originally appropriated shall be available for the rescis-
sion: Provided further, That any obligated balances of contract
Deadline.
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118 STAT. 3314
PUBLIC LAW 108–447—DEC. 8, 2004
authority from fiscal year 1974 and prior that have been terminated
shall be cancelled: Provided further, That no amounts recaptured
from amounts appropriated in prior years under this heading or
the heading ‘‘Annual contributions for assisted housing’’ and no
carryover of such appropriated amounts for project-based assistance
shall be available for the calendar year 2005 funding cycle for
activities provided for under the heading ‘‘Tenant-based rental
assistance’’: Provided further, That amounts recaptured under this
heading or the heading ‘‘Annual contributions for assisted housing’’
from amounts appropriated for project-based section 8 activities
may be used for amendments to section 8 project-based subsidy
contracts or for performance-based contract administrators, notwith-
standing the purposes for which such amounts were appropriated.
DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING
(RESCISSION)
Of the unobligated balances remaining from funds appropriated
in fiscal year 2001 and prior years under the heading ‘‘Drug elimi-
nation grants for low-income housing’’, $5,000,000 are rescinded.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(RESCISSION)
Of the unobligated balances remaining from funds appropriated
in fiscal year 2004 and prior years under the heading ‘‘Native
American housing block grants’’ for activities related to title VI
of NAHASDA, $21,000,000 are rescinded.
INDIAN HOUSING LOAN GUARANTEE PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances remaining from funds appropriated
in fiscal year 2004 and prior years under the heading ‘‘Indian
housing loan guarantee fund program account’’ for activities related
to the cost of guaranteed loans, $33,000,000 are rescinded.
HOUSING PROGRAMS
RENTAL HOUSING ASSISTANCE
(RESCISSION)
Of the amounts made available under the heading ‘‘Rent
Supplement’’ in Public Law 98–63 for amendments to contracts
under section 101 of the Housing and Urban Development Act
of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National
Housing Act (12 U.S.C. 1715z–1) in State-aided, non-insured rental
housing projects, up to $675,000,000 is cancelled.
FEDERAL HOUSING ADMINISTRATION
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances remaining from credit subsidy
appropriated in fiscal year 2004 and prior years under the heading
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118 STAT. 3315
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘General and special risk program account’’, $30,000,000 are
rescinded.
ADMINISTRATIVE PROVISIONS
SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded,
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sen-
tence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 202. None of the amounts made available under this
Act may be used during fiscal year 2005 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a non-frivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2005 that
are allocated under such section, the Secretary of Housing and
Urban Development shall allocate and make a grant, in the amount
determined under subsection (b), for any State that—
(1) received an allocation in a prior fiscal year under clause
(ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2005 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2005 do not have the number
of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the cumu-
lative number of AIDS cases in the areas of that State that are
outside of metropolitan statistical areas that qualify under clause
(i) of such section 854(c)(1)(A) in fiscal year 2005, in proportion
to AIDS cases among cities and States that qualify under clauses
(i) and (ii) of such section and States deemed eligible under sub-
section (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2005 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New
York, New York, on behalf of the New York-Wayne-White Plains,
New York-New Jersey Metropolitan Division (hereafter ‘‘metropoli-
tan division’’) of the New York-Newark-Edison, NY-NJ-PA Metro-
politan Statistical Area, shall be adjusted by the Secretary of
HIV/AIDS.
Grants.
Rescission.
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118 STAT. 3316
PUBLIC LAW 108–447—DEC. 8, 2004
Housing and Urban Development by: (1) allocating to the City
of Jersey City, New Jersey, the proportion of the metropolitan
area’s or division’s amount that is based on the number of cases
of AIDS reported in the portion of the metropolitan area or division
that is located in Hudson County, New Jersey, and adjusting for
the proportion of the metropolitan division’s high incidence bonus
if this area in New Jersey also has a higher than average per
capita incidence of AIDS; and (2) allocating to the City of Paterson,
New Jersey, the proportion of the metropolitan area’s or division’s
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located
in Bergen County and Passaic County, New Jersey, and adjusting
for the proportion of the metropolitan division’s high incidence
bonus if this area in New Jersey also has a higher than average
per capita incidence of AIDS. The recipient cities shall use amounts
allocated under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)
in their respective portions of the metropolitan division that is
located in New Jersey.
SEC. 204. (a) During fiscal year 2005, in the provision of rental
assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in connection with a program to dem-
onstrate the economy and effectiveness of providing such assistance
for use in assisted living facilities that is carried out in the counties
of the State of Michigan specified in subsection (b) of this section,
notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o),
a family residing in an assisted living facility in any such county,
on behalf of which a public housing agency provides assistance
pursuant to section 8(o)(18) of such Act, may be required, at the
time the family initially receives such assistance, to pay rent in
an amount exceeding 40 percent of the monthly adjusted income
of the family by such a percentage or amount as the Secretary
of Housing and Urban Development determines to be appropriate.
(b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County,
in the State of Michigan.
SEC. 205. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Develop-
ment Reform Act of 1989.
SEC. 206. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Associa-
tion, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).
SEC. 207. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
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118 STAT. 3317
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 208. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Govern-
ment Corporation Control Act, as amended, are hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord-
ance with law, and to make such contracts and commitments with-
out regard to fiscal year limitations as provided by section 104
of such Act as may be necessary in carrying out the programs
set forth in the budget for 2005 for such corporation or agency
except as hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for
in this Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts), except
that this proviso shall not apply to the mortgage insurance or
guaranty operations of these corporations, or where loans or mort-
gage purchases are necessary to protect the financial interest of
the United States Government.
SEC. 209. None of the funds provided in this title for technical
assistance, training, or management improvements may be obli-
gated or expended unless HUD provides to the Committees on
Appropriations a description of each proposed activity and a detailed
budget estimate of the costs associated with each program, project
or activity as part of the Budget Justifications. For fiscal year
2005, HUD shall transmit this information to the Committees by
March 15, 2005 for 30 days of review.
SEC. 210. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, recap-
tured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated
budget information to these Committees upon request.
SEC. 211. Notwithstanding any other provision of law, in fiscal
year 2005, in managing and disposing of any multifamily property
that is owned or held by the Secretary and is occupied primarily
by elderly or disabled families, the Secretary of Housing and Urban
Development shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 that are attached
to any dwelling units in the property. To the extent the Secretary
determines that such a multifamily property owned or held by
the Secretary is not feasible for continued rental assistance pay-
ments under such section 8, the Secretary may, in consultation
with the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing
housing properties or provide other rental assistance.
SEC. 212. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2005 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City
of Wilmington, Delaware, on behalf of the Wilmington, Delaware-
Maryland-New Jersey Metropolitan Division (hereafter ‘‘metropoli-
tan division’’), shall be adjusted by the Secretary of Housing and
Urban Development by allocating to the State of New Jersey the
proportion of the metropolitan division’s amount that is based on
the number of cases of AIDS reported in the portion of the metropoli-
tan division that is located in New Jersey. The State of New
Jersey shall use amounts allocated to the State under this sub-
section to carry out eligible activities under section 855 of the
HIV/AIDS.
Reports.
Deadlines.
Deadline.
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118 STAT. 3318
PUBLIC LAW 108–447—DEC. 8, 2004
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion
of the metropolitan division that is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development shall allocate to Wake County,
North Carolina, the amounts that otherwise would be allocated
for fiscal year 2005 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropoli-
tan Statistical Area. Any amounts allocated to Wake County shall
be used to carry out eligible activities under section 855 of such
Act (42 U.S.C. 12904) within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Oppor-
tunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that other-
wise would be allocated for fiscal year 2005 under section 854(c)
of such Act, upon the written request of an applicant, in conjunction
with the State(s), for a formula allocation on behalf of a metropoli-
tan statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible grantee(s)
of the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each
State shall be in proportion to the number of cases of AIDS reported
in the portion of the metropolitan statistical area located in that
State. Any amounts allocated to a State under this section shall
be used to carry out eligible activities within the portion of the
metropolitan statistical area located in that State.
SEC. 213. Notwithstanding any other provision of law, for this
fiscal year and every fiscal year thereafter, funds appropriated
for housing for the elderly, as authorized by section 202 of the
Housing Act of 1959, as amended, and for supportive housing for
persons with disabilities, as authorized by section 811 of the Cran-
ston-Gonzalez National Affordable Housing Act, shall be available
for the cost of maintaining and disposing of such properties that
are acquired or otherwise become the responsibility of the Depart-
ment.
SEC. 214. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2005 and
annually thereafter to the House and Senate Committees on Appro-
priations regarding the number of Federally assisted units under
lease and the per unit cost of these units to the Department of
Housing and Urban Development.
SEC. 215. The Department of Housing and Urban Development
shall submit the Department’s fiscal year 2006 congressional budget
justifications to the Committees on Appropriations of the House
of Representatives and the Senate using the identical structure
provided under this Act and only in accordance with the direction
specified in the report accompanying this Act.
SEC. 216. That incremental voucher previously made available
under the heading ‘‘Housing Certificate Fund’’ for non-elderly dis-
abled families shall, to the extent practicable, continue to be pro-
vided to non-elderly disabled families upon turnover.
SEC. 217. The installment contract between the Village of
Hanna City, Illinois and the General Services Administration is
in the nature of a purchase money mortgage which will be paid
off at initial closing. The Department of Housing and Urban
Development shall accept the Village of Hanna City, Illinois’ holding
Reports.
Deadlines.
42 USC 1437
note.
12 USC 1701q–3.
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118 STAT. 3319
PUBLIC LAW 108–447—DEC. 8, 2004
of equitable title to this property as sufficient for the purposes
of the section 202 housing program.
SEC. 218. A public housing agency or such other entity that
administers Federal housing assistance in the States of Alaska,
Iowa, and Mississippi shall not be required to include a resident
of public housing or a recipient of assistance provided under section
8 of the United States Housing Act of 1937 on the board of directors
or a similar governing board of such agency or entity as required
under section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance under
section 8 in the States of Alaska, Iowa and Mississippi shall estab-
lish an advisory board of not less than 6 residents of public housing
or recipients of section 8 assistance to provide advice and comment
to the public housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board shall
meet not less than quarterly.
SEC. 219. (a) Section 536(b)(1) of the National Housing Act
(12 U.S.C. 1735f–14(b)(1)) is amended by adding the following new
subparagraph at the end:
‘‘(J) Failure to perform a required physical inspection
of the mortgaged property.’’.
(b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 1735f–
15(c)(1)(B)(ii)) is amended by inserting after ‘‘rents,’’ the following:
‘‘other revenues, or contract rights,’’.
(c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 1735f–
15(c)(1)(B)(x)) is amended to read as follows:
‘‘(x) Failure to furnish the Secretary, by the expira-
tion of the 90-day period beginning on the first day
after the completion of each fiscal year (unless the
Secretary has approved an extension of the 90-day
period in writing), with a complete annual financial
report, in accordance with requirements prescribed by
the Secretary, including requirements that the report
be—
‘‘(I) based upon an examination of the books
and records of the mortgagor;
‘‘(II) prepared and certified to by an inde-
pendent public accountant or a certified public
accountant (unless the Secretary has waived this
requirement in writing); and
‘‘(III) certified to by the mortgagor or an
authorized representative of the mortgagor.
‘‘The Secretary shall approve an extension where the mortgagor
demonstrates that failure to comply with this clause is due to
events beyond the control of the mortgagor.’’.
SEC. 220. Section 421 of the Housing and Community Develop-
ment Act of 1987 (12 U.S.C. 1715z–4a) is amended—
(1) in subsection (a)(1)(A), by inserting after ‘‘project’’ the
following: ‘‘, nursing home, intermediate care facility, board
and care home, assisted living facility, or hospital’’;
(2) in subsection (a)(1)(B), by inserting after ‘‘is’’ the fol-
lowing: ‘‘or, at the time of the violations, was’’;
(3) in the second sentence of subsection(a)(1), by striking
‘‘project’’ and inserting ‘‘property’’;
(4) in subsection (a)(2) by striking ‘‘which’’ and all that
follows through ‘‘any owner’’ and inserting the following: ‘‘that
Expiration date.
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118 STAT. 3320
PUBLIC LAW 108–447—DEC. 8, 2004
owns or operates a property, as identified in the regulatory
agreement, including but not limited to—
‘‘(A) any stockholder holding 25 percent or more
interest of a corporation that owns that property;
‘‘(B) any beneficial owner of the property under any
business or trust;
‘‘(C) any officer, director, or partner of an entity owning
or controlling the property;
‘‘(D) any nursing home lessee or operator;
‘‘(E) any hospital lessee or operator;
‘‘(F) any other person or entity that controls the prop-
erty regardless of that person or entity’s official relationship
to the property; and
‘‘(G) any heir, assignee, successor in interest, or agent
of any person or entity described in the preceding subpara-
graphs’’;
(5) in subsection (c), by striking ‘‘project’’ the first two
places it appears and inserting ‘‘property’’; and
(6) in subsection (d), by striking ‘‘project’’ and inserting
‘‘a property’s’’.
SEC. 221. Section 204(h) of the National Housing Act (12 U.S.C.
1710(h)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘following assets of the Secretary’’ and
inserting ‘‘following categories of assets of the Secretary,
unless the Secretary determines at any time that the asset
property is economically or otherwise infeasible to rehabili-
tate or that the best use of the asset property is as open
space (including park land)’’;
(B) in subparagraph (B)(ii), by inserting after ‘‘Act’’
the following: ‘‘except for mortgages insured under or made
pursuant to sections 235, 247, or 255’’; and
(C) by striking subparagraph (C);
(2) in the second sentence of paragraph (3), by inserting
after ‘‘government’’ the following: ‘‘, States, and Indian tribes’’;
(3) in paragraph (4)—
(A) in subparagraph (A)(i), by inserting after ‘‘govern-
ment’’ the following: ‘‘, State, or Indian tribe’’;
(B) by revising subparagraph (B)(ii) to read as follows:
‘‘(ii) purchases all assets of the Secretary in the
category or categories of eligible assets set forth in
the sale agreement required under paragraph (7) that,
at any time during the period which shall be set forth
in the sale agreement—
‘‘(I) are or become eligible for purchase under
this subsection; and
‘‘(II) are located in the asset control area of
the purchaser; and’’; and
(C) in subparagraph (C), by striking ‘‘purchase of
eligible assets under’’ and inserting ‘‘purchase of the cat-
egory or categories of eligible assets set forth in the sale
agreement under’’;
(4) in paragraph (6)—
(A) by revising subparagraph (C) to read as follows:
‘‘(C) DISCOUNTS.—The Secretary, in the sole discretion
of the Secretary, shall establish the discount under this
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118 STAT. 3321
PUBLIC LAW 108–447—DEC. 8, 2004
paragraph for an eligible asset. In determining the dis-
count, the Secretary may consider the condition of the
asset property, the extent of resources available to the
preferred purchaser, the comprehensive revitalization plan
undertaken by such purchaser, the financial safety and
soundness of the Mutual Mortgage Insurance Fund, and
any other circumstances the Secretary considers appro-
priate’’; and
(B) by striking subparagraph (D);
(5) in paragraph (7)(A), by striking ‘‘eligible assets to be
purchased and the interests sold’’ and inserting ‘‘category or
categories of eligible assets to be purchased and, based on
the purchaser’s capacity to manage and dispose of assets, the
maximum number of assets owned by the Secretary at the
time the sale agreement is executed that shall be sold to the
purchaser’’; and
(6) in paragraph (8)—
(A) in subparagraph (F), by inserting after ‘‘State’’
the following: ‘‘, and any agency or instrumentality thereof
that is established pursuant to legislation and designated
by the chief executive officer to act on behalf of the jurisdic-
tion with regard to the provisions of this subsection’’; and
(B) by adding the following new subparagraphs at the
end:
‘‘(G) STATE.—The term ‘State’ means any State of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, American Samoa, the Virgin Islands,
the Northern Mariana Islands, or any agency or instrumen-
tality thereof that is established pursuant to legislation
and designated by the chief executive officer to act on
behalf of the State with regard to provisions of this subjec-
tion.
‘‘(H) INDIAN TRIBE.—The term ‘Indian tribe’ has the
same meaning as in section 248(i)(I) of this Act.’’.
SEC. 222. Section 203(c) of the National Housing Act (12 U.S.C.
1709(c)), as amended, is further amended in paragraph (1) by
striking ‘‘subsections (n) and (k)’’ and inserting ‘‘subsection (n)’’
and striking ‘‘or (k)’’.
SEC. 223. Section 203(c)(2)(A) of the National Housing Act
(12 U.S.C. 1709(c)(2)(A)) is amended in the last sentence after
‘‘subparagraph’’ by inserting the following: ‘‘, provided that the
mortgagor refinances the unpaid principal obligation under title
II of this Act’’. This provision shall apply to loans that become
insured on or after date of enactment of this Act.
SEC. 224. The portion of any athletic scholarship assistance
that is available for housing costs shall be considered adjusted
income for purposes of section 3(b)(5) of the United States Housing
Act of 1937. The Secretary of Housing and Urban Development
shall by notice establish criteria under which persons who receive
athletic scholarship assistance may be denied housing assistance
under the United States Housing Act of 1937.
SEC. 225. The funds made available for Native Alaskans under
the heading ‘‘Native American Housing Block Grants’’ in title II
of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2004.
Notice.
Requirements.
Applicability.
12 USC 1709
note.
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118 STAT. 3322
PUBLIC LAW 108–447—DEC. 8, 2004
TITLE III—INDEPENDENT AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monu-
ments outside of the United States and its territories and posses-
sions; rent of office and garage space in foreign countries; purchase
(one for replacement only) and hire of passenger motor vehicles;
not to exceed $7,500 for official reception and representation
expenses; and insurance of official motor vehicles in foreign coun-
tries, when required by law of such countries, $41,100,000, to
remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, $12,000,000, to remain
available until expended, for purposes authorized by 36 U.S.C.
2109.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire
of passenger vehicles, uniforms or allowances therefore, as author-
ized by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C.
3109 but at rates for individuals not to exceed the per diem equiva-
lent to the maximum rate payable for senior level positions under
5 U.S.C. 5376, $9,100,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more than
three career Senior Executive Service positions: Provided further,
That notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the Environmental
Protection Agency (EPA) shall, by virtue of such appointment, also
hold the position of Inspector General of the Board: Provided fur-
ther, That notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of Inspector
General of EPA in performing the duties of the Inspector General
of the Board, and shall not appoint any individuals to positions
within the Board.
EMERGENCY FUND
For necessary expenses of the Chemical Safety and Hazard
Investigation Board for accident investigations not otherwise pro-
vided for, $400,000, to remain available until expended.
5 USC app. 8G
note.
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118 STAT. 3323
PUBLIC LAW 108–447—DEC. 8, 2004
DEPARTMENT OF THE TREASURY
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM
ACCOUNT
To carry out the Community Development Banking and Finan-
cial Institutions Act of 1994, including services authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the rate for ES–3, $55,522,000, to remain
available until September 30, 2006, of which $4,000,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian,
and Alaskan Native communities and provided primarily through
qualified community development lender organizations with experi-
ence and expertise in community development banking and lending
in Indian country, Native American organizations, tribes and tribal
organizations and other suitable providers, and up to $14,900,000
may be used for administrative expenses, including administration
of the New Markets Tax Credit, up to $6,000,000 may be used
for the cost of direct loans, and up to $250,000 may be used
for administrative expenses to carry out the direct loan program:
Provided, That the cost of direct loans, including the cost of modi-
fying such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $11,000,000.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $500 for official reception and representation expenses,
$62,650,000.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service (the ‘‘Corporation’’) in carrying out programs,
activities, and initiatives under the National and Community
Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12501 et seq.),
$545,884,000, to remain available until September 30, 2006: Pro-
vided, That not more than $290,000,000 of the amount provided
under this heading shall be available for grants under the National
Service Trust Program authorized under subtitle C of title I of
the Act (42 U.S.C. 12571 et seq.) (relating to activities of the
AmeriCorps program), including grants to organizations operating
projects under the AmeriCorps Education Awards Program (without
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118 STAT. 3324
PUBLIC LAW 108–447—DEC. 8, 2004
regard to the requirements of sections 121(d) and (e), section 131(e),
section 132, and sections 140(a), (d), and (e) of the Act): Provided
further, That not less than $144,000,000 of the amount provided
under this heading, to remain available without fiscal year limita-
tion, shall be transferred to the National Service Trust for edu-
cational awards authorized under subtitle D of title I of the Act
(42 U.S.C. 12601), of which up to $3,900,000 shall be available
to support national service scholarships for high school students
performing community service, and of which $13,000,000 shall be
held in reserve as defined in Public Law 108–45: Provided further,
That in addition to amounts otherwise provided to the National
Service Trust under the second proviso, the Corporation may
transfer funds from the amount provided under the first proviso,
to the National Service Trust authorized under subtitle D of title
I of the Act (42 U.S.C. 12601) upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to Congress: Provided further, That
of the amount provided under this heading for grants under the
National Service Trust program authorized under subtitle C of
title I of the Act, not more than $55,000,000 may be used to
administer, reimburse, or support any national service program
authorized under section 121(d)(2) of such Act (42 U.S.C.
12581(d)(2)): Provided further, That not more than $13,334,000
shall be available for quality and innovation activities authorized
under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.),
of which $4,000,000 shall be available for challenge grants to non-
profit organizations: Provided further, That notwithstanding sub-
title H of title I of the Act (42 U.S.C. 12853), none of the funds
provided under the previous proviso shall be used to support salaries
and related expenses (including travel) attributable to Corporation
employees: Provided further, That to the maximum extent feasible,
funds appropriated under subtitle C of title I of the Act shall
be provided in a manner that is consistent with the recommenda-
tions of peer review panels in order to ensure that priority is
given 
to 
programs 
that 
demonstrate 
quality, 
innovation,
replicability, and sustainability: Provided further, That $25,500,000
of the funds made available under this heading shall be available
for the Civilian Community Corps authorized under subtitle E
of title I of the Act (42 U.S.C. 12611 et seq.): Provided further,
That $43,000,000 shall be available for school-based and commu-
nity-based service-learning programs authorized under subtitle B
of title I of the Act (42 U.S.C. 12521 et seq.): Provided further,
That $3,550,000 shall be available for audits and other evaluations
authorized under section 179 of the Act (42 U.S.C. 12639): Provided
further, That $10,000,000 of the funds made available under this
heading shall be made available for the Points of Light Foundation
for activities authorized under title III of the Act (42 U.S.C. 12661
et seq.), of which not more than $2,500,000 may be used to support
an endowment fund, the corpus of which shall remain intact and
the interest income from which shall be used to support activities
described in title III of the Act, provided that the Foundation
may invest the corpus and income in federally insured bank savings
accounts or comparable interest bearing accounts, certificates of
deposit, money market funds, mutual funds, obligations of the
United States, and other market instruments and securities but
not in real estate investments: Provided further, That no funds
shall be available for national service programs run by Federal
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118 STAT. 3325
PUBLIC LAW 108–447—DEC. 8, 2004
agencies authorized under section 121(b) of such Act (42 U.S.C.
12571(b)): Provided further, That $4,500,000 of the funds made
available under this heading shall be made available to America’s
Promise—The Alliance for Youth, Inc.: Provided further, That to
the maximum extent practicable, the Corporation shall increase
significantly the level of matching funds and in-kind contributions
provided by the private sector, and shall reduce the total Federal
costs per participant in all programs.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act of
1990 (42 U.S.C. 12501 et seq.) including payment of salaries, author-
ized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts and
consultants authorized under 5 U.S.C. 3109, and not to exceed
$2,500 
for 
official 
reception 
and 
representation 
expenses,
$26,000,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$6,000,000, to remain available until September 30, 2006.
ADMINISTRATIVE PROVISIONS
Notwithstanding any other provision of law, the term ‘‘qualified
student loan’’ with respect to national service education awards
shall mean any loan determined by an institution of higher edu-
cation to be necessary to cover a student’s cost of attendance at
such institution and made, insured, or guaranteed directly to a
student by a State agency, in addition to other meanings under
section 148(b)(7) of the National and Community Service Act.
Notwithstanding any other provision of law, funds made avail-
able under section 129(d)(5)(B) of the National and Community
Service Act to assist entities in placing applicants who are individ-
uals with disabilities may be provided to any entity that receives
a grant under section 121 of the Act.
The Inspector General of the Corporation for National and
Community Service shall conduct random audits of the grantees
that administer activities under the AmeriCorps programs and
shall levy sanctions in accordance with standard Inspector General
audit resolution procedures which include, but are not limited to,
debarment of any grantee (or successor in interest or any entity
with substantially the same person or persons in control) that
has been determined to have committed any substantial violations
of the requirements of the AmeriCorps programs, including any
grantee that has been determined to have violated the prohibition
of using Federal funds to lobby the Congress: Provided, That the
Inspector General shall obtain reimbursements in the amount of
any misused funds from any grantee that has been determined
to have committed any substantial violations of the requirements
of the AmeriCorps programs.
For fiscal year 2005, the Corporation shall make any significant
changes to program requirements or policy only through public
notice and comment rulemaking. For fiscal year 2005, during any
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118 STAT. 3326
PUBLIC LAW 108–447—DEC. 8, 2004
grant selection process, no officer or employee of the Corporation
shall knowingly disclose any covered grant selection information
regarding such selection, directly or indirectly, to any person other
than an officer or employee of the Corporation that is authorized
by the Corporation to receive such information.
U.S. COURT OF APPEALS FOR VETERANS CLAIMS
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by 38 U.S.C.
7251–7298, $17,250,000, of which $1,100,000 shall be available
for the purpose of providing financial assistance as described, and
in accordance with the process and reporting procedures set forth,
under this heading in Public Law 102–229.
DEPARTMENT OF DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and
Soldiers’ and Airmen’s Home National Cemetery, including the
purchase of one passenger motor vehicle for replacement only, and
not to exceed $1,000 for official reception and representation
expenses, $29,600,000, to remain available until expended.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of Environ-
mental Health Sciences in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, as amended, and section 126(g)
of the Superfund Amendments and Reauthorization Act of 1986,
$80,486,000.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amend-
ments and Reauthorization Act of 1986 (SARA), as amended; and
section 3019 of the Solid Waste Disposal Act, as amended,
$76,654,000: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under section
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
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PUBLIC LAW 108–447—DEC. 8, 2004
including, without limitation, biomedical testing, clinical evalua-
tions, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Adminis-
trator of ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the funds
appropriated under this heading shall be available for ATSDR
to issue in excess of 40 toxicological profiles pursuant to section
104(i) of CERCLA during fiscal year 2005, and existing profiles
may be updated as necessary.
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended; necessary expenses for
personnel and related costs and travel expenses, including uniforms,
or allowances therefor, as authorized by 5 U.S.C. 5901–5902; serv-
ices as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376; procurement
of laboratory equipment and supplies; other operating expenses
in support of research and development; construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $750,061,000, which shall remain available
until September 30, 2006: Provided, That of the amounts made
available under this heading $1,000,000 shall be transferred to
the Office of Environmental Quality Management fund.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For environmental programs and management, including nec-
essary expenses, not otherwise provided for, for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901–5902; services as author-
ized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; purchase
of reprints; library memberships in societies or associations which
issue publications to members only or at a price to members lower
than to subscribers who are not members; construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$85,000 per project; and not to exceed $9,000 for official reception
and representation expenses, $2,313,409,000, which shall remain
available until September 30, 2006, including administrative costs
of the brownfields program under the Small Business Liability
Relief and Brownfields Revitalization Act of 2002.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, and for construction, alteration, repair, rehabilitation,
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118 STAT. 3328
PUBLIC LAW 108–447—DEC. 8, 2004
and renovation of facilities, not to exceed $85,000 per project,
$38,000,000, to remain available until September 30, 2006.
BUILDINGS AND FACILITIES
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $39,000,000, to remain avail-
able until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $85,000
per project; $1,257,537,000, to remain available until expended,
consisting of such sums as are available in the Trust Fund upon
the date of enactment of this Act as authorized by section 517(a)
of the Superfund Amendments and Reauthorization Act of 1986
(SARA) and up to $1,257,537,000 as a payment from general reve-
nues to the Hazardous Substance Superfund for purposes as author-
ized by section 517(b) of SARA, as amended: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading,
$13,000,000 shall be transferred to the ‘‘Office of Inspector General’’
appropriation to remain available until September 30, 2006, and
$36,097,000 shall be transferred to the ‘‘Science and technology’’
appropriation to remain available until September 30, 2006.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
For necessary expenses to carry out leaking underground stor-
age tank cleanup activities authorized by section 205 of the Super-
fund Amendments and Reauthorization Act of 1986, and for
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project, $70,000,000, to remain
available until expended.
OIL SPILL RESPONSE
For expenses necessary to carry out the Environmental Protec-
tion Agency’s responsibilities under the Oil Pollution Act of 1990,
$16,000,000, to be derived from the Oil Spill Liability trust fund,
to remain available until expended.
STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,604,182,000, to remain avail-
able until expended, of which $1,100,000,000 shall be for making
capitalization grants for the Clean Water State Revolving Funds
under title VI of the Federal Water Pollution Control Act, as
amended (the ‘‘Act’’), of which up to $50,000,000 shall be available
for loans, including interest free loans as authorized by 33 U.S.C.
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PUBLIC LAW 108–447—DEC. 8, 2004
1383(d)(1)(A), to municipal, inter-municipal, interstate, or State
agencies or nonprofit entities for projects that provide treatment
for or that minimize sewage or stormwater discharges using one
or more approaches which include, but are not limited to, decentral-
ized or distributed stormwater controls, decentralized wastewater
treatment, low-impact development practices, conservation ease-
ments, stream buffers, or wetlands restoration; $850,000,000 shall
be for capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act, as
amended, except that, notwithstanding section 1452(n) of the Safe
Drinking Water Act, as amended, none of the funds made available
under this heading in this Act, or in previous appropriations Acts,
shall be reserved by the Administrator for health effects studies
on drinking water contaminants; $50,000,000 shall be for architec-
tural, engineering, planning, design, construction and related activi-
ties in connection with the construction of high priority water
and wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border commission;
$45,000,000 shall be for grants to the State of Alaska to address
drinking water and waste infrastructure needs of rural and Alaska
Native Villages: Provided, That, of these funds: (1) the State of
Alaska shall provide a match of 25 percent; (2) no more than
5 percent of the funds may be used for administrative and overhead
expenses; and (3) not later than October 1, 2005 the State of
Alaska shall make awards consistent with the State-wide priority
list established in 2004 for all water, sewer, waste disposal, and
similar projects carried out by the State of Alaska that are funded
under section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) or the Consolidated Farm and Rural Development
Act (7 U.S.C. 1921 et seq.) which shall allocate not less than
25 percent of the funds provided for projects in regional hub commu-
nities; $4,000,000 shall be for remediation of above ground leaking
fuel tanks pursuant to Public Law 106–554; $309,925,000 shall
be for making grants for the construction of drinking water, waste-
water and storm water infrastructure and for water quality protec-
tion in accordance with the terms and conditions specified for such
grants in the joint explanatory statement of the managers accom-
panying this Act, and, for purposes of these grants, each grantee
shall contribute not less than 45 percent of the cost of the project
unless the grantee is approved for a waiver by the Agency;
$90,000,000 shall be to carry out section 104(k) of the Comprehen-
sive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including grants, interagency agree-
ments, and associated program support costs; $7,500,000 for a cost-
shared grant program to school districts for necessary upgrades
of their diesel bus fleets; and $1,145,757,000 shall be for grants,
including associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and air pollu-
tion control agencies for multi-media or single media pollution
prevention, control and abatement and related activities, including
activities pursuant to the provisions set forth under this heading
in Public Law 104–134, and for making grants under section 103
of the Clean Air Act for particulate matter monitoring and data
collection activities of which and subject to terms and conditions
specified by the Administrator, of which $50,000,000 shall be for
carrying out section 128 of CERCLA, as amended, and $19,500,000
shall be for Environmental Information Exchange Network grants,
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118 STAT. 3330
PUBLIC LAW 108–447—DEC. 8, 2004
including associated program support costs, and $18,000,000 shall
be for making competitive targeted watershed grants: Provided
further, That for fiscal year 2005, State authority under section
302(a) of Public Law 104–182 shall remain in effect: Provided
further, That notwithstanding section 603(d)(7) of the Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2005 and prior years where
such amounts represent costs of administering the fund to the
extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including adminis-
tration: Provided further, That for fiscal year 2005, and notwith-
standing section 518(f) of the Act, the Administrator is authorized
to use the amounts appropriated for any fiscal year under section
319 of that Act to make grants to Indian tribes pursuant to sections
319(h) and 518(e) of that Act: Provided further, That for fiscal
year 2005, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 11⁄2 percent of the funds appro-
priated for State Revolving Funds under title VI of that Act may
be reserved by the Administrator for grants under section 518(c)
of such Act: Provided further, That no funds provided by this
legislation to address the water, wastewater and other critical infra-
structure needs of the colonias in the United States along the
United States-Mexico border shall be made available to a county
or municipal government unless that government has established
an enforceable local ordinance, or other zoning rule, which prevents
in that jurisdiction the development or construction of any addi-
tional colonia areas, or the development within an existing colonia
the construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary infrastructure:
Provided further, That the referenced statement of the managers
under this heading in Public Law 108–7, in reference to item
number 471, is deemed to be amended by striking everything after
‘‘for’’ and inserting the following: ‘‘for water infrastructure improve-
ments’’: Provided further, That the referenced statement of the
managers under this heading in Public Law 108–199, in reference
to item number 22, is deemed to be amended by striking everything
after ‘‘22.’’ and inserting the following: ‘‘$200,000 to Jackson County,
Alabama, for water system improvements and $200,000 to the City
of Muscle Shoals, Alabama, for water and sewer infrastructure
improvements’’: Provided further, That the referenced statement
of the managers under this heading in Public Law 108–199, in
reference to item number 158, is deemed to be amended by inserting
‘‘water and’’ after ‘‘for’’: Provided further, That the referenced state-
ment of the managers under this heading in Public Law 107–
73 is deemed to be amended by striking ‘‘Southeast’’ in reference
to item 9 and inserting ‘‘Southwest’’: Provided further, That the
referenced statement of the managers under this heading in Public
Law 107–73, in reference to item number 103, is deemed to be
amended by striking everything after the word ‘‘for’’, and adding,
‘‘the City of Chicago, Illinois for water infrastructure improvements
at the Thomas Jefferson and Lakeview Pumping Stations’’: Provided
further, That the referenced statement of the managers under this
heading in Public Law 108–199, in reference to item number 484,
is deemed to be amended by striking ‘‘City of Norfolk’’ and inserting
33 USC 1377
note.
42 USC 300j–12
note.
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PUBLIC LAW 108–447—DEC. 8, 2004
‘‘Portsmouth Virginia’’: Provided further, That the referenced state-
ment of the managers under this heading in Public Law 108–
199, in reference to item number 283, is deemed to be amended
by striking ‘‘City of Kalispell, Montana’’ and inserting ‘‘Flathead
County Water and Sewer District No. 1—Evergreen’’: Provided fur-
ther, That the referenced statement of managers under this heading
in Public Law 108–7, in reference to item number 139, is deemed
to be amended by striking ‘‘State of Hawaii Health Department’’
and inserting ‘‘County of Hawaii’’: Provided further, That the ref-
erenced statement of managers under this heading in Public Law
108–199, in reference to item number 148, is deemed to be amended
by striking everything after the word ‘‘for’’ and inserting ‘‘the
replacement of cesspools in Hawaii, $250,000 to the City and County
of Honolulu for Varona Village, $500,000 to the County of Hawaii
and the remainder to the Housing and Community Development
Corporation of Hawaii;’’: Provided further, That the referenced state-
ment of the managers under this heading in Public Law 108–
199, in reference to item number 388, is deemed to be amended
by striking everything after the word ‘‘for’’ and inserting ‘‘the South-
east Water Treatment Plant in Lawton, Oklahoma for water and
wastewater infrastructure improvements;’’: Provided further, That
the referenced statement of the managers under this heading in
Public Law 106–377, in reference to item number 46, is deemed
to be amended by striking ‘‘to construct pump stations, force mains,
storage lagoons and spray irrigation facility’’, and inserting ‘‘for
wastewater treatment improvements’’: Provided further, That the
referenced statement of the managers under this heading in Public
Law 108–199, in reference to item number 409, is deemed to be
amended by striking ‘‘City of’’ and ‘‘Pennsylvania’’: Provided further,
That the referenced statement of the managers under this heading
in Public Law 108–199, in reference to item number 265, is deemed
to be amended by striking ‘‘Franklin County’’, and inserting
‘‘Okhissa Lake Sewer District’’: Provided further, That the ref-
erenced statement of the managers under this heading in Public
Law 108–199, in reference to item number 322, is deemed to be
amended by inserting ‘‘and water’’ after ‘‘wastewater’’: Provided
further, That the referenced statement of the managers under this
heading in Public Law 108–199, in reference to item number 173,
is deemed to be amended by inserting ‘‘planning, design and’’ prior
to ‘‘construction’’: Provided further, notwithstanding any other provi-
sion of law, the Environmental Protection Agency and the New
York State Department of Environmental Conservation are author-
ized to award a $2,000,000 grant to the Town of Wheatfield, Niagara
County, New York for the construction of sanitary collector sewers
from funds realloted to the State of New York under title II of
the Clean Water Act: Provided further, That the referenced state-
ment of the managers under this heading in Public Law 108–
199, in reference to item number 184, is deemed to be amended
by striking ‘‘be divided equally between’’ and by striking ‘‘and’’
and inserting in place of ‘‘and’’, ‘‘or’’.
ADMINISTRATIVE PROVISIONS
For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal
environmental programs required or authorized by law in the
absence of an acceptable tribal program, may award cooperative
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118 STAT. 3332
PUBLIC LAW 108–447—DEC. 8, 2004
agreements to federally-recognized Indian Tribes or Intertribal con-
sortia, if authorized by their member Tribes, to assist the Adminis-
trator in implementing Federal environmental programs for Indian
Tribes required or authorized by law, except that no such coopera-
tive agreements may be awarded from funds designated for State
financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (as added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003), as amended.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated
funds for fiscal year 2005 may be used to award grants or loans
under section 104(k) of CERCLA to eligible entities that satisfy
all of the elements set forth in CERCLA section 101(40) to qualify
as a bona fide prospective purchaser except that the date of acquisi-
tion of the property was prior to the date of enactment of the
Small Business Liability Relief and Brownfield Revitalization Act
of 2001.
The Administrator may hereafter receive and use funds contrib-
uted by a non-Federal sponsor as its share of the cost of a project
to carry out a project under paragraph (c)(12) of section 118 of
the Federal Water Pollution Control Act, as amended.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 and 6671), hire of passenger motor vehicles, and serv-
ices as authorized by 5 U.S.C. 3109, not to exceed $2,500 for
official reception and representation expenses, and rental of con-
ference rooms in the District of Columbia, $6,379,000.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorga-
nization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $3,284,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $30,125,000, to be derived from the Bank Insurance
42 USC 4342
note.
33 USC 1268
note.
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118 STAT. 3333
PUBLIC LAW 108–447—DEC. 8, 2004
Fund, the Savings Association Insurance Fund, and the FSLIC
Resolution Fund.
GENERAL SERVICES ADMINISTRATION
FEDERAL CITIZEN INFORMATION CENTER FUND
For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109, $14,907,000,
to be deposited into the Federal Citizen Information Center Fund:
Provided, That the appropriations, revenues, and collections depos-
ited into the Fund shall be available for necessary expenses of
Federal Citizen Information Center activities in the aggregate
amount not to exceed $27,000,000. Appropriations, revenues, and
collections accruing to this Fund during fiscal year 2005 in excess
of such amount shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS
OPERATING EXPENSES
For necessary expenses (including payment of salaries, author-
ized travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant
to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $1,500,000.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SCIENCE, AERONAUTICS AND EXPLORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and exploration research
and development activities, including research, development, oper-
ations, support and services; maintenance; construction of facilities
including repair, rehabilitation, revitalization, and modification of
facilities, construction of new facilities and additions to existing
facilities, facility planning and design, and restoration, and acquisi-
tion or condemnation of real property, as authorized by law; environ-
mental compliance and restoration; space flight, spacecraft control
and communications activities including operations, production, and
services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $35,000 for official reception and representa-
tion expenses; and purchase, lease, charter, maintenance and oper-
ation of mission and administrative aircraft, $7,742,550,000, to
remain available until September 30, 2006, of which amounts as
determined by the Administrator for salaries and benefits; training,
travel and awards; facility and related costs; information technology
services; science, engineering, fabricating and testing services; and
other administrative services may be transferred to ‘‘Exploration
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118 STAT. 3334
PUBLIC LAW 108–447—DEC. 8, 2004
capabilities’’ in accordance with section 312(b) of the National Aero-
nautics and Space Act of 1958, as amended by Public Law 106–
377.
EXPLORATION CAPABILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration capabilities research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities
including repair, rehabilitation, revitalization and modification of
facilities, construction of new facilities and additions to existing
facilities, facility planning and design, and acquisition or condemna-
tion of real property, as authorized by law; environmental compli-
ance and restoration; space flight, spacecraft control and commu-
nications activities including operations, production, and services;
program management; personnel and related costs, including uni-
forms or allowances therefor, as authorized by 5 U.S.C. 5901–
5902; travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $35,000 for official reception and representa-
tion expenses; and purchase, lease, charter, maintenance and oper-
ation of mission and administrative aircraft, $8,425,850,000, to
remain available until September 30, 2006, of which amounts as
determined by the Administrator for salaries and benefits; training,
travel and awards; facility and related costs; information technology
services; science, engineering, fabricating and testing services; and
other administrative services may be transferred to ‘‘Science, aero-
nautics and exploration’’ in accordance with section 312(b) of the
National Aeronautics and Space Act of 1958, as amended by Public
Law 106–377.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$31,600,000.
ADMINISTRATIVE PROVISIONS
Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Explo-
ration capabilities’’ by this appropriations Act, when any activity
has been initiated by the incurrence of obligations for construction
of facilities or environmental compliance and restoration activities
as authorized by law, such amount available for such activity shall
remain available until expended. This provision does not apply
to the amounts appropriated for institutional minor revitalization
and construction of facilities, and institutional facility planning
and design.
Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Explo-
ration capabilities’’ by this appropriations Act, the amounts appro-
priated for construction of facilities shall remain available until
September 30, 2007.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the appropriation
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PUBLIC LAW 108–447—DEC. 8, 2004
that provides such activity under this Act. Balances so transferred
may be merged with funds in the newly established account and
thereafter may be accounted for as one fund under the same terms
and conditions but shall remain available for the same period
of time as originally appropriated.
From amounts made available in this Act for these activities,
subject to the operating plan procedures of the House and Senate
Committees on Appropriations, the Administrator may transfer
amounts between the ‘‘Science, aeronautics, and exploration’’
account and the ‘‘Exploration capabilities’’ account.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed
or the offer is withdrawn. Funding shall not be made available
for Centennial Challenges unless authorized.
Funding made available under the headings ‘‘Exploration
capabilities’’ and ‘‘Science, aeronautics, and exploration’’ in this
Act shall be governed by the terms and conditions specified in
the statement of managers except to the extent changes are made
in accordance with the operating plan procedures of the House
and Senate Committees on Appropriations.
NATIONAL CREDIT UNION ADMINISTRATION
CENTRAL LIQUIDITY FACILITY
During fiscal year 2005, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et seq.,
shall not exceed $1,500,000,000: Provided, That administrative
expenses of the Central Liquidity Facility in fiscal year 2005 shall
not exceed $310,000.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund pro-
gram as authorized by 42 U.S.C. 9812, 9822, and 9910, $1,000,000
shall be available: Provided, That of this amount $200,000, together
with amounts of principal and interest on loans repaid, is available
until expended for loans to community development credit unions,
and $800,000 is available until September 30, 2006, for technical
assistance to low-income and community development credit unions.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and
the Act to establish a National Medal of Science (42 U.S.C. 1880–
1881); services as authorized by 5 U.S.C. 3109; maintenance and
operation of aircraft and purchase of flight services for research
support; acquisition of aircraft; $4,254,593,000, of which not to
exceed $350,000,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and logistical
and other related activities for the United States Antarctic program;
the balance to remain available until September 30, 2006: Provided,
That receipts for scientific support services and materials furnished
by the National Research Centers and other National Science
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Foundation supported research facilities may be credited to this
appropriation: Provided further, That to the extent that the amount
appropriated is less than the total amount authorized to be appro-
priated for included program activities, all amounts, including floors
and ceilings, specified in the authorizing Act for those program
activities or their subactivities shall be reduced proportionally: Pro-
vided further, That $95,000,000 of the funds available under this
heading shall be made available for a comprehensive research initia-
tive on plant genomes for economically significant crops: Provided
further, That, not to exceed $25,954,000 of these funds shall be
for all costs, direct and indirect, associated with personnel assign-
ments under the Intergovernmental Personnel Act.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facili-
ties, and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended, including authorized travel,
$175,050,000, to remain available until expended.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant
to the National Science Foundation Act of 1950, as amended (42
U.S.C. 1861–1875), including services as authorized by 5 U.S.C.
3109, and rental of conference rooms in the District of Columbia,
$848,207,000, to remain available until September 30, 2006: Pro-
vided, That to the extent that the amount of this appropriation
is less than the total amount authorized to be appropriated for
included program activities, all amounts, including floors and
ceilings, specified in the authorizing Act for those program activities
or their subactivities shall be reduced proportionally: Provided fur-
ther, That not to exceed $5,500,000 of these funds shall be for
all costs, direct and indirect, associated with personnel assignments
under the Intergovernmental Personnel Act.
SALARIES AND EXPENSES
For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42 U.S.C.
1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles; not to exceed $9,000 for official reception and rep-
resentation expenses; uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901–5902; rental of conference rooms in the District
of Columbia; and reimbursement of the General Services Adminis-
tration for security guard services; $225,000,000: Provided, That
contracts may be entered into under ‘‘Salaries and expenses’’ in
fiscal year 2005 for maintenance and operation of facilities, and
for other services, to be provided during the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, author-
ized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts
and consultants under section 3109 of title 5, United States Code)
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involved in carrying out section 4 of the National Science Founda-
tion Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42
U.S.C. 1880 et seq.), $4,000,000: Provided, That not more than
$9,000 shall be available for official reception and representation
expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$10,110,000, to remain available until September 30, 2006.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $115,000,000, of which $5,000,000 shall be for a multi-family
rental housing program.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase
of uniforms, or allowances therefor, as authorized by 5 U.S.C.
5901–5902; hire of passenger motor vehicles; services as authorized
by 5 U.S.C. 3109; and not to exceed $750 for official reception
and representation expenses; $26,300,000: Provided, That during
the current fiscal year, the President may exempt this appropriation
from the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated
by this Act may be expended for or in connection with the induction
of any person into the Armed Forces of the United States.
WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF
REMEMBRANCE
For necessary expenses of the White House Commission on
the National Moment of Remembrance, $250,000.
TITLE IV—GENERAL PROVISIONS
SEC. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 402. No funds appropriated by this Act may be expended—
(1) pursuant to a certification of an officer or employee
of the United States unless—
(A) such certification is accompanied by, or is part
of, a voucher or abstract which describes the payee or
payees and the items or services for which such expenditure
is being made; or
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(B) the expenditure of funds pursuant to such certifi-
cation, and without such a voucher or abstract, is specifi-
cally authorized by law; and
(2) unless such expenditure is subject to audit by the Gen-
eral Accounting Officer or is specifically exempt by law from
such audit.
SEC. 403. None of the funds provided in this Act to any depart-
ment or agency may be obligated or expended for: (1) the transpor-
tation of any officer or employee of such department or agency
between the domicile and the place of employment of the officer
or employee, with the exception of an officer or employee authorized
such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905; or
(2) to provide a cook, chauffeur, or other personal servants to
any officer or employee of such department or agency.
SEC. 404. None of the funds provided in this Act may be
used for payment, through grants or contracts, to recipients that
do not share in the cost of conducting research resulting from
proposals not specifically solicited by the Government: Provided,
That the extent of cost sharing by the recipient shall reflect the
mutuality of interest of the grantee or contractor and the Govern-
ment in the research.
SEC. 405. None of the funds provided in this Act may be
used, directly or through grants, to pay or to provide reimbursement
for payment of the salary of a consultant (whether retained by
the Federal Government or a grantee) at more than the daily
equivalent of the rate paid for level IV of the Executive Schedule,
unless specifically authorized by law.
SEC. 406. None of the funds provided in this Act may be
used to pay the expenses of, or otherwise compensate, non-Federal
parties intervening in regulatory or adjudicatory proceedings.
Nothing herein affects the authority of the Consumer Product Safety
Commission pursuant to section 7 of the Consumer Product Safety
Act (15 U.S.C. 2056 et seq.).
SEC. 407. Except as otherwise provided under existing law,
or under an existing Executive order issued pursuant to an existing
law, the obligation or expenditure of any appropriation under this
Act for contracts for any consulting service shall be limited to
contracts which are: (1) a matter of public record and available
for public inspection; and (2) thereafter included in a publicly avail-
able list of all contracts entered into within 24 months prior to
the date on which the list is made available to the public and
of all contracts on which performance has not been completed
by such date. The list required by the preceding sentence shall
be updated quarterly and shall include a narrative description
of the work to be performed under each such contract.
SEC. 408. None of the funds appropriated in this Act may
be used to implement any cap on reimbursements to grantees
for indirect costs, except as published in Office of Management
and Budget Circular A–21.
SEC. 409. Such sums as may be necessary for fiscal year 2005
pay raises for programs funded by this Act shall be absorbed within
the levels appropriated in this Act.
SEC. 410. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased
with funds made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act,
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the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made
in subsection (a) by Congress.
SEC. 411. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 412. Except in the case of entities that are funded solely
with Federal funds or any natural persons that are funded under
this Act, none of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of,
or otherwise compensate, non-Federal parties to lobby or litigate
in respect to adjudicatory proceedings funded in this Act. A chief
executive officer of any entity receiving funds under this Act shall
certify that none of these funds have been used to engage in
the lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law.
SEC. 413. No part of any funds appropriated in this Act shall
be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for pub-
licity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television
or film presentation designed to support or defeat legislation
pending before Congress, except in presentation to Congress itself.
SEC. 414. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E-Commerce’’ tech-
nologies and procedures in the conduct of their business practices
and public service activities.
SEC. 415. 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. 416. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated
miles per gallon average of less than 22 miles per gallon.
SEC. 417. Section 313 of the National Aeronautics and Space
Act of 1958, as amended, is further amended in subsection (a)—
(1) by striking ‘‘2004’’ and inserting ‘‘2005’’; and
(2) by striking ‘‘Space flight capabilities’’ and inserting
‘‘Exploration capabilities’’.
SEC. 418. None of the funds made available in this Act may
be used to implement any policy prohibiting the Directors of the
Veterans Integrated Service Networks from conducting outreach
or marketing to enroll new veterans within their respective Net-
works.
SEC. 419. It is the sense of Congress that no veteran should
wait more than 30 days for an initial doctor’s appointment.
SEC. 420. None of the funds made available to NASA in this
Act may be used for voluntary separation incentive payments as
provided for in subchapter II of chapter 35 of title 5, United States
Code, unless the Administrator of NASA has first certified to Con-
gress that such payments would not result in the loss of skills
42 USC 2459f.
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related to the safety of the Space Shuttle or the International
Space Station or to the conduct of independent safety oversight
in the National Aeronautics and Space Administration.
SEC. 421. (a) TREATMENT OF PIONEER HOMES IN ALASKA AS
STATE HOME FOR VETERANS.—For this fiscal year and each fiscal
year hereafter, the Secretary of Veterans Affairs may—
(1) treat the Pioneer Homes in the State of Alaska collec-
tively as a single State home for veterans for purposes of
section 1741 of title 38, United States Code; and
(2) make per diem payments to the State of Alaska for
care provided to veterans in the Pioneer Homes in accordance
with the provisions of that section.
(b) TREATMENT NOTWITHSTANDING NON-VETERAN RESIDENCY.—
The Secretary may treat the Pioneer Homes as a State home
under subsection (a) notwithstanding the residency of non-veterans
in one or more of the Pioneer Homes.
(c) PIONEER HOMES DEFINED.—In this section, the term ‘‘Pio-
neer Homes’’ means the six regional homes in the State of Alaska
known as Pioneer Homes, which are located in the following:
(1) Anchorage, Alaska.
(2) Fairbanks, Alaska.
(3) Juneau, Alaska.
(4) Ketchikan, Alaska.
(5) Palmer, Alaska.
(6) Sitka, Alaska.
(d) LIMITATION.—The number of beds occupied by veterans
collectively in the six Pioneer Homes listed under subsection (c)
for which per diem would be paid under this authority shall not
exceed the number of veterans in State beds that otherwise would
be permitted in Alaska under the Department of Veterans Affairs
State home regulations governing the number of beds per veteran
population.
SEC. 422. Of the amounts available to the National Aeronautics
and Space Administration, such sums as may be necessary for
the benefit of the families of the astronauts who died on board
the Space Shuttle Columbia on February 1, 2003, are available
under the terms of section 203(c)(13) of the National Aeronautics
and Space Act of 1958, as amended, independent of the limitations
established therein.
SEC. 423. Section 428 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2004 is amended—
(1) in subsection (c), by inserting ‘‘new’’ before ‘‘spark igni-
tion engines’’; and
(2) in subsection (d), by striking ‘‘The prohibition in sub-
section (e)’’ and inserting ‘‘The prohibition in subsection (c)’’.
SEC. 424. In addition to the amounts otherwise provided in
this or any other Act for fiscal year 2005, for ‘‘Department of
Housing and Urban Development, Community Development Fund’’,
$31,000,000 to remain available until expended for a grant to The
Hudson River Park Trust for planning, design and reconstruction
of Pier 86 in New York City.
SEC. 425. From within funds available to the Secretary of
Veterans Affairs, $200,000 shall be made available until expended
to Eric and Brian Simon of Minneapolis, Minnesota, to be divided
evenly between the individuals.
118 Stat. 418.
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SEC. 426. (a) WAIVER OF REQUIREMENTS.—Subject to subsection
(b), the limitation on the release of funds in section 104(g)(2) of
the Housing and Community Development Act of 1974 (42 U.S.C.
5304) shall not apply to the Village of Chickasaw Sewer Collection
and Treatment System, located in the Village of Chickasaw, Mercer
County, Ohio.
(b) APPLICABILITY.—Subsection (a) only applies to the grant
that was awarded to the Village of Chickasaw (Ohio Small Cities
CDBG Grant # C–W–03–283–1), for the period beginning September
1, 2003, and ending October 31, 2005, and in the amount of
$600,000.
(c) ENVIRONMENTAL REVIEWS.—Notwithstanding the provisions
of this section, the Village of Chickasaw must complete all appro-
priate environment reviews in a timely manner and to the satisfac-
tion of the State of Ohio.
This division may be cited as the ‘‘Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2005’’.
DIVISION J—OTHER MATTERS
TITLE I—MISCELLANEOUS PROVISIONS AND OFFSETS
SEC. 101. For an additional amount for the Department of
Energy for the weatherization assistance program pursuant to 42
U.S.C. 6861 et seq. and notwithstanding section 3003(d)(2) of Public
Law 99–509, $230,000,000, to remain available until expended.
SEC. 102. Section 1201(a) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108–
375) is amended by striking ‘‘$300,000,000’’ in the matter preceding
paragraph (1) and inserting ‘‘$500,000,000’’.
SEC. 103. (a) The District of Columbia Appropriations Act,
2005 (Public Law 108–335) is amended as follows:
(1) The paragraph under the heading ‘‘CAPITAL OUTLAY’’
is amended by striking ‘‘For construction projects, an increase
of $1,087,649,000, of which $839,898,000 shall be from local
funds, $38,542,000 from Highway Trust funds, $37,000,000
from the Rights-of-way funds, $172,209,000 from Federal grant
funds, and a rescission of $361,763,000 from local funds appro-
priated under this heading in prior fiscal years, for a net
amount of $725,886,000, to remain available until expended;’’
and inserting ‘‘For construction projects, an increase of
$1,102,039,000, of which $839,898,000 shall be from local funds,
$38,542,000 from Highway Trust funds, $51,390,000 from the
Rights-of-way funds, $172,209,000 from Federal grant funds,
and a rescission of $361,763,000 from local funds appropriated
under this heading in prior fiscal years, for a net amount
of $740,276,000, to remain available until expended;’’.
(2) Section 340(a) is amended to read as follows:
‘‘(a) Section 603(e)(3)(E) of the Student Loan Marketing Associa-
tion Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(E)) is
amended—
‘‘(1) by striking ‘and’ at the end of subclause (II);
‘‘(2) by striking the period at the end of subclause (III)
and inserting ‘; and’; and
‘‘(3) by adding at the end the following new subclause:
Ante, p. 1348.
Ante, p. 1338.
Ante, p. 2077.
Miscellaneous
Appropriations
and Offsets Act,
2005.
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118 STAT. 3342
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‘‘ ‘(IV) obtaining lease guarantees (in accord-
ance with regulations promulgated by the Office
of Public Charter School Financing).’.’’.
(3) Section 342 is amended to read as follows:
‘‘SEC. 342. PUBLIC SCHOOL SERVICES TO CHARTER SCHOOLS.
Section 2209(b) of the District of Columbia School Reform Act
of 1995 (sec. 38–1802.09(b), D.C. Official Code) is amended as
follows:
‘‘(1) In paragraph (1)—
‘‘(A) by amending subparagraph (A) to read as follows:
‘‘ ‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, regulation, or order relating to the disposition
of a facility or property described in subparagraph (B),
the Mayor and the District of Columbia government shall
give a right of first offer with respect to any facility or
property described in subparagraph (B) not previously pur-
chased, leased, or transferred, or under contract to be pur-
chased, leased, or transferred, or the subject of a previously
proposed resolution submitted by the Mayor on or before
December 1, 2004, to the Council of the District of Columbia
seeking authority for disposition of such facility or property,
or under an Exclusive Rights Agreement executed on or
before December 1, 2004, to an eligible applicant whose
petition to establish a public charter school has been condi-
tionally approved under section 2203(d)(2), or a Board of
Trustees, with respect to the purchase, lease, transfer,
or use of a facility or property described in subparagraph
(B).’;
‘‘(B) by amending subparagraph (B)(iii) to read as fol-
lows:
‘‘ ‘(iii) with respect to which—
‘‘ ‘(I) the Board of Education has transferred
jurisdiction to the Mayor and over which the Mayor
has jurisdiction on the effective date of this sub-
clause; or
‘‘ ‘(II) over which the Mayor or any successor
agency gains jurisdiction after the effective date
of this subclause.’; and
‘‘(C) by adding at the end the following new subpara-
graph:
‘‘ ‘(C) TERMS OF PURCHASE OR LEASE.—The terms of
purchase or lease of a facility or property described in
subparagraph (B) shall—
‘‘ ‘(i) be negotiated by the Mayor in accordance
with written rules or regulations as determined by
the Mayor, and published in the District of Columbia
Register;
‘‘ ‘(ii) include rent or an acquisition price, as
applicable, that is at the appraised value of the prop-
erty based on use of the property for school purposes;
and
‘‘ ‘(iii) include a lease period, if the property is
to be leased, of not less than 25 years, and renewable
for additional 25-year periods as long as the eligible
applicant or Board of Trustees maintains its charter.’.
‘‘(2) In paragraph (2)(A), by striking ‘first preference’ and
inserting ‘a right of first offer’.
Ante, p. 1348.
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‘‘(3) By adding at the end the following new paragraph:
‘‘ ‘(3) CONVERSION PUBLIC CHARTER SCHOOLS.—Any District
of Columbia public school that was approved to become a
conversion public charter school under section 2201 before the
effective date of this subsection or is approved to become a
conversion public charter school after the effective date of this
subsection, shall have the right to exclusively occupy the facili-
ties the school occupied as a District of Columbia public school
under a lease for a period of not less than 25 years, renewable
for additional 25-year periods as long as the school maintains
its charter at the appraised value of the property based on
use of the property for school purposes.’.’’.
(4) Section 347 is amended by striking paragraphs (1)
and (2) and inserting the following:
‘‘(1) by striking subsection (f) and inserting the following:
‘‘ ‘(f) AUDIT.—The Board shall maintain its accounts according
to Generally Accepted Accounting Principles. The Board shall pro-
vide for an audit of the financial statements of the Board by
an independent certified public accountant in accordance with
Government auditing standards for financial audits issued by the
Comptroller General. The findings and recommendations of any
such audit shall be forwarded to the Mayor, the Council of the
District of Columbia, and the Office of the Chief Financial Officer
of the District of Columbia.’; and
‘‘(2) by adding at the end the following new subsection:
‘‘ ‘(h) CONTRACTING AND PROCUREMENT.—The Board shall have
the authority to solicit, award, and execute contracts independently
of the Office of Contracting and Procurement and the Chief Procure-
ment Officer.’.’’.
(b) The amendments made by this section shall take effect
as if included in the enactment of the District of Columbia Appro-
priations Act, 2005.
SEC. 104. The Secretary of the Department of Homeland Secu-
rity shall transfer up to $40,000,000 from funds appropriated to
the Coast Guard’s ‘‘Acquisition, Construction, and Improvements’’
account in fiscal year 2005 from the Rescue 21 project to the
HH–65 re-engining project, subject to 15-day advance notification
to the House and Senate Committees on Appropriations.
SEC. 105. Section 203(m) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C 5133(m)) is
amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December
31, 2005’’.
SEC. 106. Notwithstanding the amounts in the detailed funding
table included in House Report 108–774, the appropriation for
‘‘Transportation Security Administration, Maritime and Land Secu-
rity’’ shall include the following: ‘‘Credentialing, $5,000,000; TWIC,
$15,000,000; Hazardous materials truck tracking, $2,000,000; Haz-
ardous 
materials 
safety, 
$17,000,000; 
Enterprise 
staffing,
$24,000,000; Rail security, $12,000,000; Offsetting collections,
¥$27,000,000’’.
SEC. 107. The matter under the heading ‘‘Military Construction,
Navy and Marine Corps’’ in the Military Construction Appropria-
tions Act, 2005 (division A of Public Law 108–324), is amended
by striking ‘‘$1,069,947,000’’ and inserting ‘‘$1,065,597,000’’ and
the matter under the heading ‘‘Military Construction, Naval
Reserve’’ in such Act is amended by striking ‘‘$44,246,000’’ and
inserting ‘‘$48,596,000’’.
Ante, p. 1222.
Ante, p. 1221.
42 USC 5133.
Effective date.
20 USC 1155
note.
Ante, p. 1352.
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SEC. 108. Notwithstanding any other provision of law, in addi-
tion to amounts otherwise made available in the Department of
Defense Appropriations Act, 2005 (Public Law 108–287), an addi-
tional $2,000,000 is hereby appropriated and shall be made avail-
able under the heading ‘‘Shipbuilding and Conversion, Navy’’, only
for the Secretary of the Navy for the purpose of acquiring a vessel
with the Coast Guard registration number 225115: Provided, That
the Secretary of the Navy shall provide for the transportation
of the vessel from its present location: Provided further, That the
Secretary of the Navy may lend, give, or otherwise dispose of
the vessel at his election pursuant to 10 U.S.C. 2572, 7545, or
7306, or using such procedures as the Secretary deems appropriate,
and to such recipient as the Secretary deems appropriate, without
regard to these provisions.
SEC. 109. DESIGNATION OF NATIONAL TREE.
(a) DESIGNATION.—Chapter 3 of title 36, United States Code,
is amended by adding at the end the following:
‘‘§ 305. National tree
‘‘The tree genus Quercus, commonly known as the oak tree,
is the national tree.’’.
(b) CONFORMING AMENDMENTS.—Such title is amended—
(1) in the table of contents for part A of subtitle I, by
striking ‘‘, and March’’ and inserting ‘‘March, and Tree’’;
(2) in the chapter heading for chapter 3, by striking ‘‘,
AND MARCH’’ and inserting ‘‘MARCH, AND TREE’’; and
(3) in the table of sections for chapter 3, by adding at
the end the following:
‘‘305. National tree.’’.
SEC. 110. Section 204(g) of the Employee Retirement Income
Security Act of 1974, as amended (29 U.S.C. 1054(g)) shall not
apply at any time, whether before or after the enactment of this
section, to an amendment adopted prior to June 7, 2004, by a
(multiemployer) pension plan covering primarily employees working
in the State of Alaska, to the extent that such amendment—
(1) provides for the suspension of the payment of benefits,
modifies the conditions under which the payment of benefits
is suspended, or suspends actuarial adjustments in benefit
payments in accordance with section 203(a)(3)(B) of said Act
(29 U.S.C. 1053(a)(3)(B)) and applicable regulations; and
(2) applies to participants who have not retired before
the adoption of such amendment.
SEC. 111. (a) The head of each Federal agency or department
shall—
(1) provide each new employee of the agency or department
with educational and training materials concerning the United
States Constitution as part of the orientation materials pro-
vided to the new employee; and
(2) provide educational and training materials concerning
the United States Constitution to each employee of the agency
or department on September 17 of each year.
(b) Each educational institution that receives Federal funds
for a fiscal year shall hold an educational program on the United
States Constitution on September 17 of such year for the students
served by the educational institution.
(c) Title 36 of the United States Code, is amended—
Government
employees.
36 USC 106 note.
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PUBLIC LAW 108–447—DEC. 8, 2004
(1) in section 106—
(A) in the heading, by inserting ‘‘Constitution Day and’’
before ‘‘Citizenship Day’’;
(B) in subsection (a), by striking ‘‘is Citizenship Day.’’
and inserting ‘‘is designated as Constitution Day and Citi-
zenship Day.’’;
(C) in subsection (b)—
(i) by inserting ‘‘Constitution Day and’’ before ‘‘Citi-
zenship Day’’;
(ii) by striking ‘‘commemorates’’ and inserting
‘‘commemorate’’; and
(iii) by striking ‘‘recognizes’’ and inserting ‘‘recog-
nize’’;
(D) in subsection (c), by inserting ‘‘Constitution Day
and’’ before ‘‘Citizenship Day’’ both places such term
appears; and
(E) in subsection (d), by inserting ‘‘Constitution Day
and’’ before ‘‘Citizenship Day’’; and
(2) in the item relating to section 106 of the table of
contents, by inserting ‘‘Constitution Day and’’ before ‘‘Citizen-
ship Day’’.
(d) This section shall be without fiscal year limitation.
SEC. 112. (a) Notwithstanding any other provision of law or
any contract: (1) the rates in effect on November 15, 2004, under
the tariff (the ‘‘tariff’’) required by FCC 94–116 (reduced three
percent annually starting January 1, 2006) shall apply beginning
45 days after the date of enactment of this Act through December
31, 2009, to the sale and purchase of interstate switched wholesale
service elements offered by any provider originating or terminating
anywhere in the area (the ‘‘market’’) described in section 4.7 of
the tariff (collectively the ‘‘covered services’’); (2) beginning April
1, 2005, through December 31, 2009, no provider of covered services
may provide, and no purchaser of such services may obtain, covered
services in the same contract with services other than those that
originate or terminate in the market, if the covered services in
the contract represent more than 5 percent of such contract’s total
value; and (3) revenues collected hereunder (less costs) for calendar
years 2005 through 2009 shall be used to support and expand
the network in the market.
(b) Effective on the date of enactment of this Act: (1) the
conditions described in FCC 95–334 and the related conditions
imposed in FCC 94–116, FCC 95–427, and FCC 96–485; and (2)
all pending proceedings relating to the tariff, shall terminate. There-
after, the State regulatory commission with jurisdiction over the
market shall treat all interexchange carriers serving the market
the same with respect to the provision of intrastate services, with
the goal of reducing regulation, and shall not require such carriers
to file reports based on the Uniform System of Accounts.
(c) Any provider may file to enforce this section (including
damages and injunctive relief) before the FCC (whose final order
may be appealed under 47 U.S.C. 402(a)) or under 47 U.S.C. 207
if the FCC fails to issue a final order within 90 days of a filing.
Nothing herein shall affect rate integration, carrier-of-last-resort
obligations of any carrier or its successor, or the purchase of covered
services by any rural telephone company (as defined in 47 U.S.C.
153(37)), or an affiliate under its control, for its provision of retail
interstate interexchange services originating in the market.
Effective date.
Applicability.
Deadline.
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SEC. 113. Direct loans, credits, insurance and guarantees of
the Export-Import Bank or its agents may be made available for
or in Libya, notwithstanding section 507 or similar provisions in
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005, or prior acts making appropriations for
foreign operations, export financing, and related programs, if the
President determines that to do so is important to the national
security interests of the United States.
SEC. 114. (a) Section 146 of Public Law 108–199 is amended—
(1) by striking ‘‘section 386 of the Energy Policy Act of
2003’’ and inserting ‘‘section 116 of division C of Public Law
108–324’’;
(2) by striking ‘‘, except that upon that Act becoming law,
section 386 is amended through this Act:’’ and inserting ‘‘and
section 116 of division C of Public Law 108–324 is amended:’’;
(3) by striking ‘‘paragraph 386(b)(1)’’ and inserting ‘‘para-
graph (b)(1) of section 116 of division C of Public Law 108–
324’’;
(4) by striking ‘‘paragraph 386(c)(2)’’ and inserting ‘‘para-
graph (a)(2) of section 116 of division C of Public Law 108–
324’’; and
(5) by striking ‘‘paragraph 386(g)(4)’’ and inserting ‘‘para-
graph (g)(4) of section 116 of division C of Public Law 108–
324.
(b) Section 116 (b) of division C of Public Law 108–324, the
Military Construction bill, is amended by adding a new paragraph
as follows:
‘‘(4) Such loan guarantee may be utilized only by the project
chosen by the Federal Energy Regulatory Commission as the
qualified project.’’.
SEC. 115. Any unobligated amount appropriated pursuant to
section 353(b) of the Department of the Interior and Related Agen-
cies Appropriations Act, 1999 (Public Law 105–277; 112 Stat. 2681–
303), shall be made available to complete the project described
in section 353(a) of that Act.
SEC. 116. (a) DESIGNATION
OF NATIONAL VETERANS MEMO-
RIAL.—The Mt. Soledad Veterans Memorial located within the
Soledad Natural Park in San Diego, California, which consists
of a 29 foot-tall cross and surrounding granite memorial walls
containing plaques engraved with the names and photographs of
veterans of the United States Armed Forces, is hereby designated
as a national memorial honoring veterans of the United States
Armed Forces.
(b) ACQUISITION
AND ADMINISTRATION
BY UNITED STATES.—
Not later than 90 days after the date on which the City of San
Diego, California, offers to donate the Mt. Soledad Veterans Memo-
rial to the United States, the Secretary of the Interior shall accept,
on behalf of the United States, all right, title, and interest of
the City in and to the Mt. Soledad Veterans Memorial.
(c) ADMINISTRATION OF MEMORIAL.—Upon acquisition of the
Mt. Soledad Veterans Memorial by the United States, the Secretary
of the Interior shall administer the Mt. Soledad Veterans Memorial
as a unit of the National Park System, except that the Secretary
shall enter into a memorandum of understanding with the Mt.
Soledad Memorial Association for the continued maintenance by
the Association of the cross and surrounding granite memorial
walls and plaques of the Memorial.
Deadline.
California.
16 USC 431 note.
Ante, p. 1226.
Ante, p. 444.
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(d) LEGAL DESCRIPTION.—The Mt. Soledad Veterans Memorial
referred to in this section is all that portion of Pueblo lot 1265
of the Pueblo Lands of San Diego in the City and County of
San Diego, California, according to the map thereof prepared by
James Pascoe in 1879, a copy of which was filed in the office
of the County Recorder of San Diego County on November 14,
1921, and is known as miscellaneous map NO. 36, more particularly
described as follows: The area bounded by the back of the existing
inner sidewalk on top of Mt. Soledad, being also a circle with
a radius of 84 feet, the center of which circle is located as follows:
Beginning at the Southwesterly corner of such Pueblo Lot 1265,
such corner being South 17 degrees 14’33’’ East (Record South
17 degrees 14’09’’ East) 607.21 feet distant along the westerly
line of such Pueblo lot 1265 from the intersection with the North
line of La Jolla Scenic Drive South as described and dedicated
as parcel 2 of City Council Resolution NO. 216644 adopted August
25, 1976; thence North 39 degrees 59’24’’ East 1147.62 feet to
the center of such circle. The exact boundaries and legal description
of the Mt. Soledad Veterans Memorial shall be determined by
a survey prepared jointly by the City of San Diego and the Secretary
of the Interior. Upon acquisition of the Mt. Soledad Veterans Memo-
rial by the United States, the boundaries of the Memorial may
not be expanded.
SEC. 117. Notwithstanding any other provision of law, except
section 551 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005, $80,000,000 of the
funds appropriated for the Department of Defense for fiscal year
2005 may be transferred with the concurrence of the Secretary
of Defense to the Department of State under ‘‘Peacekeeping Oper-
ations’’.
SEC. 118. In addition, for construction and related expenses
of a facility for the United States Institute of Peace, $100,000,000,
to remain available until expended.
SEC. 119. Notwithstanding any other provision of law, in addi-
tion to amounts otherwise provided in this or any other Act for
fiscal year 2005, the following amounts are appropriated: $2,000,000
for the Helen Keller National Center for Deaf-Blind Youths and
Adults for activities authorized under the Helen Keller National
Center Act; and for the Department of Health and Human Services,
Health Resources and Services Administration, $1,000,000 for the
Hospital for Special Surgery to establish a National Center for
Musculoskeletal Research, New York, New York, for facilities and
equipment; and for the Department of Health and Human Services,
Health Resources and Services Administration, $1,000,000 for the
Jesse Helms Nursing Center at Union Regional Medical Center,
Union County, North Carolina for facilities and equipment.
SEC. 120. In addition to any amounts provided in this or any
other Act for fiscal year 2005, $1,000,000 is appropriated for nec-
essary expenses of the Benjamin A. Gilman Institute for Political
and International Studies program at the State University of New
York’s Orange County Community College in Orange, New York.
SEC. 121. WEIGHT LIMITATIONS.
The next to the last sentence of section 127(a) of title 23,
United States Code, is amended by striking ‘‘Interstate Route 95’’
and inserting ‘‘Interstate Routes 89, 93, and 95’’.
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118 STAT. 3348
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 122. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 0.80 percent of—
(1) the budget authority provided (or obligation limitation
imposed) for fiscal year 2005 for any discretionary account
in divisions A through J of this Act and in any other fiscal
year 2005 appropriation Act (except any fiscal year 2005 supple-
mental appropriation Act, the Department of Homeland Secu-
rity Appropriations Act, 2005, the Department of Defense
Appropriations Act, 2005, or the Military Construction Appro-
priations Act, 2005);
(2) the budget authority provided in any advance appropria-
tion for fiscal year 2005 for any discretionary account in any
prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2005 for
any program subject to limitation contained in any division
or appropriation Act subject to paragraph (1).
(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 such subsection; 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).
This title may be cited as the ‘‘Miscellaneous Appropriations
and Offsets Act, 2005’’.
TITLE II—225TH ANNIVERSARY OF THE AMERICAN
REVOLUTION COMMEMORATION ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘225th Anniversary of the Amer-
ican Revolution Commemoration Act’’.
SEC. 202. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The American Revolution, inspired by the spirit of lib-
erty and independence among the inhabitants of the original
13 colonies of Great Britain, was an event of global significance
having a profound and lasting effect upon American Govern-
ment, laws, culture, society, and values.
(2) The years 2000 through 2008 mark the 225th anniver-
sary of the Revolutionary War.
(3) Every generation of American citizens should have an
opportunity to understand and appreciate the continuing legacy
of the American Revolution.
(4) This 225th anniversary provides an opportunity to
enhance public awareness and understanding of the impact
of the American Revolution’s legacy on the lives of citizens
today.
(5) Although the National Park Service administers battle-
fields, historical parks, historic sites, and programs that address
elements of the story of the American Revolution, there is
a need to establish partnerships that link sites and programs
36 USC note
prec. 101.
225th
Anniversary of
the American
Revolution
Commemoration
Act.
36 USC note
prec. 101.
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118 STAT. 3349
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administered by the National Park Service with those of other
Federal and non-Federal entities in order to place the story
of the American Revolution in the broad context of its causes,
consequences, and meanings.
(6) The story and significance of the American Revolution
can best engage the American people through a national pro-
gram of the National Park Service that links historic structures
and sites, routes, activities, community projects, exhibits, and
multimedia materials, in a manner that is both unified and
flexible.
(b) PURPOSES.—The purposes of this Act are as follows:
(1) To recognize the enduring importance of the American
Revolution in the lives of American citizens today.
(2) To authorize the National Park Service to coordinate,
connect, and facilitate Federal and non-Federal activities to
commemorate, honor, and interpret the history of the American
Revolution, its significance, and its relevance to the shape
and spirit of American Government and society.
SEC. 203. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION
COMMEMORATION PROGRAM.
(a) IN GENERAL.—The Secretary of the Interior (hereinafter
in this Act referred to as the ‘‘Secretary’’) shall establish a program
to be known as the ‘‘225th Anniversary of the American Revolution
Commemoration’’ (hereinafter in this Act referred to as the ‘‘225th
Anniversary’’). In administering the 225th Anniversary, the Sec-
retary shall—
(1) produce and disseminate to appropriate persons edu-
cational materials, such as handbooks, maps, interpretive
guides, or electronic information related to the 225th Anniver-
sary and the American Revolution;
(2) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance
under subsection (c);
(3) assist in the protection of resources associated with
the American Revolution;
(4) enhance communications, connections, and collaboration
among the National Park Service units and programs related
to the Revolutionary War;
(5) expand the research base for American Revolution
interpretation and education; and
(6) create and adopt an official, uniform symbol or device
for the theme ‘‘Lighting Freedom’s Flame: American Revolution,
225th Anniversary’’ and issue regulations for its use.
(b) ELEMENTS.—The 225th Anniversary shall encompass the
following elements:
(1) All units and programs of the National Park Service
determined by the Secretary to pertain to the American Revolu-
tion.
(2) Other governmental and nongovernmental sites, facili-
ties, and programs of an educational, research, or interpretive
nature that are documented to be directly related to the Amer-
ican Revolution.
(3) Through the Secretary of State, the participation of
the Governments of the United Kingdom, France, the Nether-
lands, Spain, and Canada.
Regulations.
36 USC note
prec. 101.
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118 STAT. 3350
PUBLIC LAW 108–447—DEC. 8, 2004
(c) COOPERATIVE AGREEMENTS
AND MEMORANDA
OF UNDER-
STANDING.—To achieve the purposes of this Act and to ensure
effective coordination of the Federal and non-Federal elements of
the 225th Anniversary with National Park Service units and pro-
grams, the Secretary may enter into cooperative agreements and
memoranda of understanding with, and provide technical assistance
to, the following:
(1) The heads of other Federal agencies, States, units of
local government, and private entities.
(2) In cooperation with the Secretary of State, the Govern-
ments of the United Kingdom, France, the Netherlands, Spain,
and Canada.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this Act $500,000
for each of fiscal years 2004 through 2009.
TITLE III—RURAL AIR SERVICE IMPROVEMENTS
SEC. 301. (a) SHORT TITLE.—This title may be cited as the
‘‘Rural Air Service Improvement Act of 2004’’.
(b) FURTHER AMENDMENTS.—The amendments made by this
section are further amendments to section 5402 of title 39, United
States Code, including the amendments made by section 3002 of
the 2002 Supplemental Appropriations Act for Further Recovery
From and Response To Terrorist Attacks on the United States
(Public Law 107–206) to that section of title 39, United States
Code.
(c) EXISTING MAINLINE CARRIERS.—Section 5402(a)(10) of title
39, United States Code, is amended by striking subparagraph (C)
and inserting the following:
‘‘(C) actually engaged in the carriage, on scheduled
service within the State of Alaska, of mainline nonpriority
bypass mail tendered to it under its designator code.’’.
(d) NONPRIORITY BYPASS MAIL.—Section 5402(g) of title 39,
United States Code, is amended by striking the matter preceding
paragraph (2) and inserting the following:
‘‘(g)(1)(A) The Postal Service, in selecting carriers of nonpriority
bypass mail to any point served by more than 1 carrier in the
State of Alaska, shall adhere to an equitable tender policy within
a qualified group of carriers, in accordance with the regulations
of the Postal Service, and shall, at a minimum, require that any
such carrier—
‘‘(i) hold a certificate of public convenience and necessity
issued under section 41102(a) of title 49;
‘‘(ii) operate at least to such point at least the number
of scheduled flights each week established under subparagraph
(B)(i);
‘‘(iii) exhibit an adherence to such scheduled flights; and
‘‘(iv) have provided scheduled service with at least the
number of scheduled noncontract flights each week established
under subparagraph (B)(ii) between 2 points within the State
of Alaska for at least 12 consecutive months with aircraft—
‘‘(I) up to 7,500 pounds payload capacity before being
selected as a carrier of nonpriority bypass mail at an
applicable intra-Alaska bush service mail rate; and
Rural Air Service
Improvement Act
of 2004.
39 USC 101 note.
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118 STAT. 3351
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‘‘(II) over 7,500 pounds payload capacity before being
selected as a carrier of nonpriority bypass mail at the
intra-Alaska mainline service mail rate.
‘‘(B)(i) For purposes of subparagraph (A)(ii)—
‘‘(I) for aircraft described under subparagraph (A)(iv)(I) the
number is 3; and
‘‘(II) for aircraft described under subparagraph (A)(iv)(II),
the number is 2, except as may be provided under subparagraph
(C).
‘‘(ii) For purposes of subparagraph (A)(iv)—
‘‘(I) for aircraft described under subparagraph (A)(iv)(I),
the number is 3; and
‘‘(II) for aircraft described under subparagraph (A)(iv)(II),
for any week in any month before the effective date of the
Rural Air Service Improvement Act of 2004, the number is
3, and after such date, the number is 2.
‘‘(C) The Postal Service, after consultation with affected car-
riers, may establish for service by aircraft described under subpara-
graph (A)(iv)(II)—
‘‘(i) a larger number of flights than required under subpara-
graph (B)(i); or
‘‘(ii) the days that service will operate.’’.
(e) SUBCONTRACTS BY EXISTING MAINLINE CARRIERS.—Section
5402(g)(4) of title 39, United States Code, is amended by adding
at the end the following:
‘‘(C) A providing carrier selected under subparagraph (A) may
subcontract the transportation of nonpriority bypass mail to another
existing mainline carrier when additional or substitute aircraft
are temporarily needed to meet the delivery schedule of the Postal
Service or the carrier’s operating requirements. The providing car-
rier shall remain responsible for the mail from origin through
destination.’’.
(f) AIRCRAFT PREFERENCES FOR OTHER POSTAL PRODUCTS.—
Section 5402(g) of title 39, United States Code, is amended by
adding at the end the following:
‘‘(7) Nothing in this section shall preclude the Postal Service
from establishing by regulation aircraft preferences for the dispatch
of postal products other than nonpriority bypass mail.’’.
TITLE IV—VISA REFORM
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘L–1 Visa and H–1B Visa Reform
Act’’.
Subtitle A—L–1 Visa Reform
SEC. 411. SHORT TITLE.
This subtitle may be cited as the ‘‘L–1 Visa (Intracompany
Transferee) Reform Act of 2004’’.
SEC. 412. NONIMMIGRANT L–1 VISA CATEGORY.
(a) IN GENERAL.—Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the
end the following:
L–1 Visa
(Intracompany
Transferee)
Reform Act of
2004.
8 USC 1101 note.
L–1 Visa and
H–1B Visa
Reform Act.
8 USC 1101 note.
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‘‘(F) An alien who will serve in a capacity involving specialized
knowledge with respect to an employer for purposes of section
101(a)(15)(L) and will be stationed primarily at the worksite of
an employer other than the petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for classification under
section 101(a)(15)(L) if—
‘‘(i) the alien will be controlled and supervised principally
by such unaffiliated employer; or
‘‘(ii) the placement of the alien at the worksite of the
unaffiliated employer is essentially an arrangement to provide
labor for hire for the unaffiliated employer, rather than a
placement in connection with the provision of a product or
service for which specialized knowledge specific to the peti-
tioning employer is necessary.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply to petitions filed on or after the effective date of this
subtitle, whether for initial, extended, or amended classification.
SEC. 413. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR
CERTAIN INTRACOMPANY TRANSFEREES.
(a) IN GENERAL.—Section 214(c)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking
the last sentence (relating to reduction of the 1-year period of
continuous employment abroad to 6 months).
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply only to petitions for initial classification filed on or
after the effective date of this subtitle.
SEC. 414. MAINTENANCE OF STATISTICS BY THE DEPARTMENT OF
HOMELAND SECURITY.
(a) IN GENERAL.—The Department of Homeland Security shall
maintain statistics regarding petitions filed, approved, extended,
and amended with respect to nonimmigrants described in section
101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(L)), including the number of such nonimmigrants who
are classified on the basis of specialized knowledge and the number
of nonimmigrants who are classified on the basis of specialized
knowledge in order to work primarily at offsite locations.
(b) APPLICABILITY.—Subsection (a) shall apply to petitions filed
on or after the effective date of this subtitle.
SEC. 415. INSPECTOR GENERAL REPORT ON L VISA PROGRAM.
Not later than 6 months after the date of enactment of this
Act, the Inspector General of the Department of Homeland Security
shall, consistent with the authority granted the Department under
section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236),
examine and report to the Committees on the Judiciary of the
House of Representatives and the Senate on the vulnerabilities
and potential abuses in the visa program carried out under section
214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c))
with respect to nonimmigrants described in section 101(a)(15)(L)
of such Act (8 U.S.C. 1101(a)(15)(L)).
SEC. 416. ESTABLISHMENT OF TASK FORCE.
(a) ESTABLISHMENT.—Not later than 6 months after the date
of enactment of this Act, there shall be established an L Visa
Interagency Task Force that consists of representatives from the
Department of Homeland Security, the Department of Justice, and
Deadline.
8 USC 1184 note.
Deadline.
8 USC 1184 note.
8 USC 1380.
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the Department of State. The Secretaries of each Department and
each relevant bureau of the Department of Homeland Security
shall appoint designees to the L Visa Interagency Task Force.
The L Visa Interagency Task Force shall consult with other agencies
deemed appropriate.
(b) REPORT.—Not later than 6 months after the submission
of the report by the Inspector General of the Department of Home-
land Security in accordance with section 6, the L Visa Interagency
Task Force shall report to the Committees on the Judiciary of
the House of Representatives and the Senate on the efforts to
implement the recommendations set forth by the Inspector General’s
report. The L Visa Interagency Task Force shall note specific areas
of agreement and disagreement, and make recommendations to
Congress on the findings of the Task Force, including any sugges-
tions for legislation. The Task Force shall also review other addi-
tional issues as may be raised by the Inspector General’s report
or by the Task Force’s own deliberations regarding the policies
and purposes of the visa program relative to national goals and
transnational commerce.
SEC. 417. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall
take effect 180 days after the date of enactment of this Act.
Subtitle B—H–1B Visa Reform
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ‘‘H–1B Visa Reform Act
of 2004’’.
SEC. 422. TEMPORARY WORKER PROVISIONS.
(a) ATTESTATION REQUIREMENTS FOR H–1B WORKERS.—Section
212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)(E)(ii)) is amended by striking ‘‘October 1, 2003,’’.
(b) H–1B EMPLOYER
PETITIONS.—Section 214(c)(9) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(9)) is amended—
(1) in subparagraph (A), by striking ‘‘October 1, 2003’’;
(2) in subparagraph (B), by striking ‘‘$1,000’’ and inserting
‘‘$1,500’’; and
(3) in subparagraph (B), by inserting before the period
‘‘except that the fee shall be half the amount for each such
petition by any employer with not more than 25 full-time
equivalent employees who are employed in the United States
(determined by including any affiliate or subsidiary of such
employer)’’.
SEC. 423. H–1B PREVAILING WAGE LEVEL.
Section 212(p) of the Immigration and Nationality Act (8 U.S.C.
1182(p)) is amended by adding at the end the following:
‘‘(3) The prevailing wage required to be paid pursuant to sub-
sections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be 100
percent of the wage determined pursuant to those sections.
‘‘(4) Where the Secretary of Labor uses, or makes available
to employers, a governmental survey to determine the prevailing
wage, such survey shall provide at least 4 levels of wages commen-
surate with experience, education, and the level of supervision.
H–1B Visa
Reform Act of
2004.
8 USC 1101 note.
8 USC 1184 note.
Deadline.
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Where an existing government survey has only 2 levels, 2 inter-
mediate levels may be created by dividing by 3, the difference
between the 2 levels offered, adding the quotient thus obtained
to the first level and subtracting that quotient from the second
level.’’.
SEC. 424. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.
(a) SECRETARY OF LABOR INVESTIGATIVE AUTHORITY.—
(1) IN GENERAL.—Section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)) is amended by inserting
after subparagraph (F) the following:
‘‘(G)(i) The Secretary of Labor may initiate an investigation
of any employer that employs nonimmigrants described in section
101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable cause
to believe that the employer is not in compliance with this sub-
section. In the case of an investigation under this clause, the
Secretary of Labor (or the acting Secretary in the case of the
absence of disability of the Secretary of Labor) shall personally
certify that reasonable cause exists and shall approve commence-
ment of the investigation. The investigation may be initiated for
reasons other than completeness and obvious inaccuracies by the
employer in complying with this subsection.
‘‘(ii) If the Secretary of Labor receives specific credible informa-
tion from a source who is likely to have knowledge of an employer’s
practices or employment conditions, or an employer’s compliance
with the employer’s labor condition application under paragraph
(1), and whose identity is known to the Secretary of Labor, and
such information provides reasonable cause to believe that the
employer has committed a willful failure to meet a condition of
paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has
engaged in a pattern or practice of failures to meet such a condition,
or has committed a substantial failure to meet such a condition
that affects multiple employees, the Secretary of Labor may conduct
an investigation into the alleged failure or failures. The Secretary
of Labor may withhold the identity of the source from the employer,
and the source’s identity shall not be subject to disclosure under
section 552 of title 5, United States Code.
‘‘(iii) The Secretary of Labor shall establish a procedure for
any person desiring to provide to the Secretary of Labor information
described in clause (ii) that may be used, in whole or in part,
as the basis for the commencement of an investigation described
in such clause, to provide the information in writing on a form
developed and provided by the Secretary of Labor and completed
by or on behalf of the person. The person may not be an officer
or employee of the Department of Labor, unless the information
satisfies the requirement of clause (iv)(II) (although an officer or
employee of the Department of Labor may complete the form on
behalf of the person).
‘‘(iv) Any investigation initiated or approved by the Secretary
of Labor under clause (ii) shall be based on information that satisfies
the requirements of such clause and that—
‘‘(I) originates from a source other than an officer or
employee of the Department of Labor; or
‘‘(II) was lawfully obtained by the Secretary of Labor in
the course of lawfully conducting another Department of Labor
investigation under this Act of any other Act.
Procedures.
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‘‘(v) The receipt by the Secretary of Labor of information sub-
mitted by an employer to the Attorney General or the Secretary
of Labor for purposes of securing the employment of a nonimmigrant
described in section 101(a)(15)(H)(i)(b) shall not be considered a
receipt of information for purposes of clause (ii).
‘‘(vi) No investigation described in clause (ii) (or hearing
described in clause (viii) based on such investigation) may be con-
ducted with respect to information about a failure to meet a condi-
tion described in clause (ii), unless the Secretary of Labor receives
the information not later than 12 months after the date of the
alleged failure.
‘‘(vii) The Secretary of Labor shall provide notice to an employer
with respect to whom there is reasonable cause to initiate an
investigation described in clauses (i) or (ii), prior to the commence-
ment of an investigation under such clauses, of the intent to conduct
an investigation. The notice shall be provided in such a manner,
and shall contain sufficient detail, to permit the employer to respond
to the allegations before an investigation is commenced. The Sec-
retary of Labor is not required to comply with this clause if the
Secretary of Labor determines that to do so would interfere with
an effort by the Secretary of Labor to secure compliance by the
employer with the requirements of this subsection. There shall
be no judicial review of a determination by the Secretary of Labor
under this clause.
‘‘(viii) An investigation under clauses (i) or (ii) may be conducted
for a period of up to 60 days. If the Secretary of Labor determines
after such an investigation that a reasonable basis exists to make
a finding that the employer has committed a willful failure to
meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F),
or (1)(G)(i)(I), has engaged in a pattern or practice of failures
to meet such a condition, or has committed a substantial failure
to meet such a condition that affects multiple employees, the Sec-
retary of Labor shall provide for notice of such determination to
the interested parties and an opportunity for a hearing in accord-
ance with section 556 of title 5, United States Code, within 120
days after the date of the determination. If such a hearing is
requested, the Secretary of Labor shall make a finding concerning
the matter by not later than 120 days after the date of the hearing.’’.
(2) RETROACTIVE.—The amendment made by paragraph (1)
shall take effect as if enacted on October 1, 2003.
(b) 
GOOD
FAITH
COMPLIANCE
OR
CONFORMITY.—Section
212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended—
(1) by redesignating subparagraph (H) as subparagraph
(I); and
(2) by inserting after subparagraph (G), as added by sub-
section (a)(1), the following:
‘‘(H)(i) Except as provided in clauses (ii) and (iii), a person
or entity is considered to have complied with the requirements
of this subsection, notwithstanding a technical or procedural failure
to meet such requirements, if there was a good faith attempt
to comply with the requirements.
‘‘(ii) Clause (i) shall not apply if—
‘‘(I) the Department of Labor (or another enforcement
agency) has explained to the person or entity the basis for
the failure;
Effective date.
8 USC 1182 note.
Deadline.
Notice.
Notice.
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‘‘(II) the person or entity has been provided a period of
not less than 10 business days (beginning after the date of
the explanation) within which to correct the failure; and
‘‘(III) the person or entity has not corrected the failure
voluntarily within such period.
‘‘(iii) A person or entity that, in the course of an investiga-
tion, is found to have violated the prevailing wage requirements
set forth in paragraph (1)(A), shall not be assessed fines or
other penalties for such violation if the person or entity can
establish that the manner in which the prevailing wage was
calculated was consistent with recognized industry standards
and practices.
‘‘(iv) Clauses (i) and (iii) shall not apply to a person or
entity that has engaged in or is engaging in a pattern or
practice of willful violations of this subsection.’’.
(c) SECRETARY
OF LABOR REPORT.—Not later than January
31 of each year, the Secretary of Labor shall report to the Commit-
tees on the Judiciary of the Senate and the House of Representatives
on the investigations undertaken based on—
(1) the authorities described in clauses (i) and (ii) of section
212(n)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)(G)(i) and (ii)); and
(2) the expenditures by the Secretary of Labor described
in section 286(v)(2)(D) of the Immigration and Nationality Act
(8 U.S.C. 1356(v)(2)(D)).
SEC. 425. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITA-
TIONS ON H–1B NONIMMIGRANTS.
(a) IN GENERAL.—Section 214(g)(5) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(5)) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘is employed (or has received an offer of employment) at’’;
(2) in subparagraph (A)—
(A) by inserting ‘‘is employed (or has received an offer
of employment) at’’ before ‘‘an institution’’; and
(B) by striking ‘‘or’’ at the end;
(3) in subparagraph (B)—
(A) by inserting ‘‘is employed (or has received an offer
of employment) at’’ before ‘‘a nonprofit’’; and
(B) by striking the period and inserting ‘‘; or’’; and
(4) by adding at the end the following:
‘‘(C) has earned a master’s or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)),
until the number of aliens who are exempted from such numer-
ical limitation during such year exceeds 20,000.’’.
(b) STATISTICS.—Beginning on the date of enactment of this
Act, the Secretary of Homeland Security shall maintain statistical
information on the country of origin and occupation of, educational
level maintained by, and compensation paid to, each alien who
is issued a visa or otherwise provided nonimmigrant status and
is exempt under section 214(g)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(g)(5)) for each fiscal year. The statistical
information shall be included in the annual report to Congress
under section 416(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (Public Law 105–277; 112
Stat. 2681–655).
8 USC 1184 note.
8 USC 1381.
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SEC. 426. FRAUD PREVENTION AND DETECTION FEE.
(a) IMPOSITION OF FEE.—Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the
end the following:
‘‘(12)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under paragraph
(1)—
‘‘(i) initially to grant an alien nonimmigrant status
described in subparagraph (H)(i)(b) or (L) of section 101(a)(15);
or
‘‘(ii) to obtain authorization for an alien having such status
to change employers.
‘‘(B) In addition to any other fees authorized by law, the Sec-
retary of State shall impose a fraud prevention and detection fee
on an alien filing an application abroad for a visa authorizing
admission to the United States as a nonimmigrant described in
section 101(a)(15)(L), if the alien is covered under a blanket petition
described in paragraph (2)(A).
‘‘(C) The amount of the fee imposed under subparagraph (A)
or (B) shall be $500.
‘‘(D) The fee imposed under subparagraph (A) or (B) shall
only apply to principal aliens and not to the spouses or children
who are accompanying or following to join such principal aliens.
‘‘(E) Fees collected under this paragraph shall be deposited
in the Treasury in accordance with section 286(v).’’.
(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.—Section 286
of the Immigration and Nationality Act (8 U.S.C. 1356) is amended
by adding at the end the following:
‘‘(v) H–1B 
AND
L FRAUD
PREVENTION
AND
DETECTION
ACCOUNT.—
‘‘(1) IN GENERAL.—There is established in the general fund
of the Treasury a separate account, which shall be known
as the ‘H–1B and L Fraud Prevention and Detection Account’.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees collected
under section 214(c)(12).
‘‘(2) USE OF FEES TO COMBAT FRAUD.—
‘‘(A) SECRETARY OF STATE.—One-third of the amounts
deposited into the H–1B and L Fraud Prevention and
Detection Account shall remain available to the Secretary
of State until expended for programs and activities at
United States embassies and consulates abroad—
‘‘(i) to increase the number diplomatic security per-
sonnel assigned exclusively to the function of pre-
venting and detecting fraud by applicants for visas
described in subparagraph (H)(i) or (L) of section
101(a)(15);
‘‘(ii) otherwise to prevent and detect such fraud
pursuant to the terms of a memorandum of under-
standing or other cooperative agreement between the
Secretary of State and the Secretary of Homeland Secu-
rity; and
‘‘(iii) upon request by the Secretary of Homeland
Security, to assist such Secretary in carrying out the
fraud prevention and detection programs and activities
described in subparagraph (B).
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118 STAT. 3358
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(B) SECRETARY
OF
HOMELAND
SECURITY.—One-third
of the amounts deposited into the H–1B and L Fraud
Prevention and Detection Account shall remain available
to the Secretary of Homeland Security until expended for
programs and activities to prevent and detect fraud with
respect to petitions under paragraph (1) or (2)(A) of section
214(c) to grant an alien nonimmigrant status described
in subparagraph (H)(i) or (L) of section 101(a)(15).
‘‘(C) SECRETARY OF LABOR.—One-third of the amounts
deposited into the H–1B and L Fraud Prevention and
Detection Account shall remain available to the Secretary
of Labor until expended for enforcement programs and
activities described in section 212(n).
‘‘(D) CONSULTATION.—The Secretary of State, the Sec-
retary of Homeland Security, and the Secretary of Labor
shall consult one another with respect to the use of the
funds in the H–1B and L Fraud Prevention and Detection
Account.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of enactment of this Act, and the
fees imposed under such amendments shall apply to petitions under
section 214(c) of the Immigration and Nationality Act, and applica-
tions for nonimmigrant visas under section 222 of such Act, filed
on or after the date that is 90 days after the date of the enactment
of this Act.
SEC. 427. CHANGE OF FEE FORMULA.
Section 286(s) of the Immigration and Nationality Act (8 U.S.C.
1356(s)) is amended—
(1) in paragraph (2), by striking ‘‘55 percent’’ and inserting
‘‘50 percent’’;
(2) in paragraph (3), by striking ‘‘22 percent’’ and inserting
‘‘30 percent’’;
(3) in paragraph (4)(A), by striking ‘‘15 percent’’ and
inserting ‘‘10 percent’’;
(4) in paragraph (5)—
(A) by striking ‘‘4 percent’’ and inserting ‘‘5 percent’’;
and
(B) by striking ‘‘Attorney General’’ each place that
term appears and inserting ‘‘Secretary of Homeland Secu-
rity’’; and
(5) in paragraph (6), by striking ‘‘Beginning with fiscal
year 2000,’’ and all that follows through ‘‘within a 7-day period.’’
and inserting ‘‘Beginning with fiscal year 2000, 5 percent of
the amounts deposited into the H–1B Nonimmigrant Petitioner
Account shall remain available to the Secretary of Labor until
expended for decreasing the processing time for applications
under section 212(n)(1).’’.
SEC. 428. GRANTS FOR JOB TRAINING FOR EMPLOYMENT IN HIGH
GROWTH INDUSTRIES.
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (112 Stat. 2681–653) is amended to read
as follows:
‘‘(c) JOB TRAINING GRANTS.—
‘‘(1) IN GENERAL.—The Secretary of Labor shall use funds
available under section 286(s)(2) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(2)) to award grants to eligible
29 USC 2916
note.
29 USC 2916a.
8 USC 1184 note.
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118 STAT. 3359
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entities to provide job training and related activities for workers
to assist them in obtaining or upgrading employment in indus-
tries and economic sectors identified pursuant to paragraph
(4) that are projected to experience significant growth and
ensure that job training and related activities funded by such
grants are coordinated with the public workforce investment
system.
‘‘(2) USE OF FUNDS.—
‘‘(A) TRAINING PROVIDED.—Funds under this subsection
may be used to provide job training services and related
activities that are designed to assist workers (including
unemployed and employed workers) in gaining the skills
and competencies needed to obtain or upgrade career ladder
employment positions in the industries and economic sec-
tors identified pursuant to paragraph (4).
‘‘(B) ENHANCED
TRAINING
PROGRAMS
AND
INFORMA-
TION.—In order to facilitate the provision of job training
services described in subparagraph (A), funds under this
subsection may be used to assist in the development and
implementation of model activities such as developing
appropriate curricula to build core competencies and train
workers, identifying and disseminating career and skill
information, and increasing the integration of community
and technical college activities with activities of businesses
and the public workforce investment system to meet the
training needs for the industries and economic sectors
identified pursuant to paragraph (4).
‘‘(3) ELIGIBLE ENTITIES.—Grants under this subsection may
be awarded to partnerships of private and public sector entities,
which may include—
‘‘(A) businesses or business-related nonprofit organiza-
tions, such as trade associations;
‘‘(B) education and training providers, including
community colleges and other community-based organiza-
tions; and
‘‘(C) entities involved in administering the workforce
investment system established under title I of the
Workforce Investment Act of 1998, and economic develop-
ment agencies.
‘‘(4) HIGH GROWTH INDUSTRIES AND ECONOMIC SECTORS.—
For purposes of this subsection, the Secretary of Labor, in
consultation with State workforce investment boards, shall
identify industries and economic sectors that are projected to
experience significant growth, taking into account appropriate
factors, such as the industries and sectors that—
‘‘(A) are projected to add substantial numbers of new
jobs to the economy;
‘‘(B) are being transformed by technology and innova-
tion requiring new skill sets for workers;
‘‘(C) are new and emerging businesses that are pro-
jected to grow; or
‘‘(D) have a significant impact on the economy overall
or on the growth of other industries and economic sectors.
‘‘(5) EQUITABLE DISTRIBUTION.—In awarding grants under
this subsection, the Secretary of Labor shall ensure an equitable
distribution of such grants across geographically diverse areas.
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118 STAT. 3360
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(6) LEVERAGING OF RESOURCES AND AUTHORITY TO REQUIRE
MATCH.—
‘‘(A) LEVERAGING OF RESOURCES.—In awarding grants
under this subsection, the Secretary of Labor shall take
into account, in addition to other factors the Secretary
determines are appropriate—
‘‘(i) the extent to which resources other than the
funds provided under this subsection will be made
available by the eligible entities applying for grants
to support the activities carried out under this sub-
section; and
‘‘(ii) the ability of such entities to continue to carry
out and expand such activities after the expiration
of the grants.
‘‘(B) AUTHORITY
TO
REQUIRE
MATCH.—The Secretary
of Labor may require the provision of specified levels of
a matching share of cash or noncash resources from
resources other than the funds provided under this sub-
section for projects funded under this subsection.
‘‘(7) PERFORMANCE
ACCOUNTABILITY.—The Secretary of
Labor shall require grantees to report on the employment out-
comes obtained by workers receiving training under this sub-
section using indicators of performance that are consistent with
other indicators used for employment and training programs
administered by the Secretary, such as entry into employment,
retention in employment, and increases in earnings. The Sec-
retary of Labor may also require grantees to participate in
evaluations of projects carried out under this subsection.’’.
SEC. 429. NATIONAL SCIENCE FOUNDATION LOW-INCOME SCHOLAR-
SHIP PROGRAM.
(a) EXPANSION OF ELIGIBILITY.—Section 414(d)(2)(A)(iii) of the
American Competitiveness and Workforce Improvement Act of 1998
(42 U.S.C. 1869c(d)(2)(A)(iii)) is amended by striking ‘‘or computer
science.’’ and inserting ‘‘computer science, or other technology and
science programs designated by the Director.’’.
(b) INCREASE
IN AWARD AMOUNT.—Section 414(d)(3) of the
American Competitiveness and Workforce Improvement Act of 1998
(42 U.S.C. 1869c(d)(3)) is amended by striking ‘‘$3,125 per year’’
and inserting ‘‘$10,000 per year’’.
(c) FUNDS.—Section 414(d)(4) of the American Competitiveness
and Workforce Improvement Act of 1998 (42 U.S.C. 1869c(d)(4))
is amended by adding at the end the following: ‘‘The Director
may use no more than 50 percent of such funds for undergraduate
programs for curriculum development, professional and workforce
development, and to advance technological education. Funds for
these other programs may be used for purposes other than scholar-
ships.’’.
(d) PUBLICATION
OF ELIGIBLE PROGRAMS.—Section 414(d) of
the American Competitiveness and Workforce Improvement Act
of 1998 (42 U.S.C. 1869c(d)) is amended by adding at the end
the following:
‘‘(5) FEDERAL REGISTER.—Not later than 60 days after the
date of enactment of the L–1 Visa and H–1B Visa Reform
Act, the Director shall publish in the Federal Register a list
of eligible programs of study.’’.
Deadline.
Reports.
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118 STAT. 3361
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 430. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall take
effect 90 days after the date of enactment of this Act.
(b) EXCEPTIONS.—The amendments made by sections 422(b),
426(a), and 427 shall take effect upon the date of enactment of
this Act.
TITLE V—NATIONAL AVIATION
HERITAGE AREA
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘National Aviation Heritage
Area Act’’.
SEC. 502. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) Few technological advances have transformed the world
or our Nation’s economy, society, culture, and national character
as the development of powered flight.
(2) The industrial, cultural, and natural heritage legacies
of the aviation and aerospace industry in the State of Ohio
are nationally significant.
(3) Dayton, Ohio, and other defined areas where the
development of the airplane and aerospace technology estab-
lished our Nation’s leadership in both civil and military aero-
nautics and astronautics set the foundation for the 20th Cen-
tury to be an American Century.
(4) Wright-Patterson Air Force Base in Dayton, Ohio, is
the birthplace, the home, and an integral part of the future
of aerospace.
(5) The economic strength of our Nation is connected
integrally to the vitality of the aviation and aerospace industry,
which is responsible for an estimated 11,200,000 American
jobs.
(6) The industrial and cultural heritage of the aviation
and aerospace industry in the State of Ohio includes the social
history and living cultural traditions of several generations.
(7) The Department of the Interior is responsible for pro-
tecting and interpreting the Nation’s cultural and historic
resources, and there are significant examples of these resources
within Ohio to merit the involvement of the Federal Govern-
ment to develop programs and projects in cooperation with
the Aviation Heritage Foundation, Incorporated, the State of
Ohio, and other local and governmental entities to adequately
conserve, protect, and interpret this heritage for the educational
and recreational benefit of this and future generations of Ameri-
cans, while providing opportunities for education and revitaliza-
tion.
(8) Since the enactment of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102–419), partnerships
among the Federal, State, and local governments and the pri-
vate sector have greatly assisted the development and preserva-
tion of the historic aviation resources in the Miami Valley.
(9) An aviation heritage area centered in Southwest Ohio
is a suitable and feasible management option to increase
16 USC 461 note.
16 USC 461 note.
National
Aviation
Heritage Area
Act.
8 USC 1182 note.
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118 STAT. 3362
PUBLIC LAW 108–447—DEC. 8, 2004
collaboration, promote heritage tourism, and build on the estab-
lished partnerships among Ohio’s historic aviation resources
and related sites.
(10) A critical level of collaboration among the historic
aviation resources in Southwest Ohio cannot be achieved with-
out a congressionally established national heritage area and
the support of the National Park Service and other Federal
agencies which own significant historic aviation-related sites
in Ohio.
(11) The Aviation Heritage Foundation, Incorporated,
would be an appropriate management entity to oversee the
development of the National Aviation Heritage Area.
(12) Five National Park Service and Dayton Aviation Herit-
age Commission studies and planning documents: ‘‘Study of
Alternatives: Dayton’s Aviation Heritage’’, ‘‘Dayton Aviation
Heritage 
National 
Historical 
Park 
Suitability/Feasibility
Study’’, ‘‘Dayton Aviation Heritage General Management Plan’’,
‘‘Dayton Historic Resources Preservation and Development
Plan’’, and Heritage Area Concept Study, demonstrated that
sufficient historical resources exist to establish the National
Aviation Heritage Area.
(13) With the advent of the 100th anniversary of the first
powered flight in 2003, it is recognized that the preservation
of properties nationally significant in the history of aviation
is an important goal for the future education of Americans.
(14) Local governments, the State of Ohio, and private
sector interests have embraced the heritage area concept and
desire to enter into a partnership with the Federal Government
to preserve, protect, and develop the Heritage Area for public
benefit.
(15) The National Aviation Heritage Area would com-
plement and enhance the aviation-related resources within the
National Park Service, especially the Dayton Aviation Heritage
National Historical Park, Ohio.
(b) PURPOSE.—The purpose of this title is to establish the
Heritage Area to—
(1) encourage and facilitate collaboration among the facili-
ties, sites, organizations, governmental entities, and edu-
cational institutions within the Heritage Area to promote herit-
age tourism and to develop educational and cultural programs
for the public;
(2) preserve and interpret for the educational and inspira-
tional benefit of present and future generations the unique
and significant contributions to our national heritage of certain
historic and cultural lands, structures, facilities, and sites
within the National Aviation Heritage Area;
(3) encourage within the National Aviation Heritage Area
a broad range of economic opportunities enhancing the quality
of life for present and future generations;
(4) provide a management framework to assist the State
of Ohio, its political subdivisions, other areas, and private
organizations, or combinations thereof, in preparing and imple-
menting an integrated Management Plan to conserve their
aviation heritage and in developing policies and programs that
will preserve, enhance, and interpret the cultural, historical,
natural, recreation, and scenic resources of the Heritage Area;
and
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118 STAT. 3363
PUBLIC LAW 108–447—DEC. 8, 2004
(5) authorize the Secretary to provide financial and tech-
nical assistance to the State of Ohio, its political subdivisions,
and private organizations, or combinations thereof, in preparing
and implementing the private Management Plan.
SEC. 503. DEFINITIONS.
For purposes of this title:
(1) BOARD.—The term ‘‘Board’’ means the Board of Direc-
tors of the Foundation.
(2) FINANCIAL ASSISTANCE.—The term ‘‘financial assistance’’
means funds appropriated by Congress and made available
to the management entity for the purpose of preparing and
implementing the Management Plan.
(3) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
National Aviation Heritage Area established by section 104
to receive, distribute, and account for Federal funds appro-
priated for the purpose of this title.
(4) MANAGEMENT
PLAN.—The term ‘‘Management Plan’’
means the management plan for the Heritage Area developed
under section 106.
(5) MANAGEMENT ENTITY.—The term ‘‘management entity’’
means the Aviation Heritage Foundation, Incorporated (a non-
profit corporation established under the laws of the State of
Ohio).
(6) PARTNER.—The term ‘‘partner’’ means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in promoting the
conservation and preservation of the cultural and natural
resources of the Heritage Area.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(8) TECHNICAL
ASSISTANCE.—The term ‘‘technical assist-
ance’’ means any guidance, advice, help, or aid, other than
financial assistance, provided by the Secretary.
SEC. 504. NATIONAL AVIATION HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the States of Ohio
and Indiana, the National Aviation Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall include the fol-
lowing:
(1) A core area consisting of resources in Montgomery,
Greene, Warren, Miami, Clark, Champaign, Shelby, and
Auglaize Counties in Ohio.
(2) The Neil Armstrong Air & Space Museum, Wapakoneta,
Ohio.
(3) Sites, buildings, and districts within the core area rec-
ommended by the Management Plan.
(c) MAP.—A map of the Heritage Area shall be included in
the Management Plan. The map shall be on file in the appropriate
offices of the National Park Service, Department of the Interior.
(d) MANAGEMENT ENTITY.—The management entity for the
Heritage Area shall be the Aviation Heritage Foundation.
SEC. 505. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) AUTHORITIES.—For purposes of implementing the Manage-
ment Plan, the management entity may use Federal funds made
available through this title to—
16 USC 461 note.
Ohio.
Indiana.
16 USC 461 note.
16 USC 461 note.
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(1) make grants to, and enter into cooperative agreements
with, the State of Ohio and political subdivisions of that State,
private organizations, or any person;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) DUTIES.—The management entity shall—
(1) develop and submit to the Secretary for approval the
proposed Management Plan in accordance with section 106;
(2) give priority to implementing actions set forth in the
Management Plan, including taking steps to assist units of
government and nonprofit organizations in preserving resources
within the Heritage Area;
(3) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area in developing
and implementing the Management Plan;
(4) maintain a collaboration among the partners to promote
heritage tourism and to assist partners to develop educational
and cultural programs for the public;
(5) encourage economic viability in the Heritage Area con-
sistent with the goals of the Management Plan;
(6) assist units of government and nonprofit organizations
in—
(A) establishing and maintaining interpretive exhibits
in the Heritage Area;
(B) developing recreational resources in the Heritage
Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural resources and
sites in the Heritage Area; and
(D) restoring historic buildings that relate to the pur-
poses of the Heritage Area;
(7) conduct public meetings at least quarterly regarding
the implementation of the Management Plan;
(8) submit substantial amendments to the Management
Plan to the Secretary for the approval of the Secretary; and
(9) for any year in which Federal funds have been received
under this title—
(A) submit an annual report to the Secretary that
sets forth the accomplishments of the management entity
and its expenses and income;
(B) make available to the Secretary for audit all records
relating to the expenditure of such funds and any matching
funds; and
(C) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that
the receiving organizations make available to the Secretary
for audit all records concerning the expenditure of such
funds.
(c) USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—The management entity shall not use
Federal funds received under this title to acquire real property
or an interest in real property.
(2) OTHER SOURCES.—Nothing in this title precludes the
management entity from using Federal funds from other
sources for authorized purposes.
Reports.
Deadlines.
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SEC. 506. MANAGEMENT PLAN.
(a) PREPARATION OF PLAN.—Not later than 3 years after the
date of the enactment of this title, the management entity shall
submit to the Secretary for approval a proposed Management Plan
that shall take into consideration State and local plans and involve
residents, public agencies, and private organizations in the Heritage
Area.
(b) CONTENTS.—The Management Plan shall incorporate an
integrated and cooperative approach for the protection, enhance-
ment, and interpretation of the natural, cultural, historic, scenic,
and recreational resources of the Heritage Area and shall include
the following:
(1) An inventory of the resources contained in the core
area of the Heritage Area, including the Dayton Aviation Herit-
age Historical Park, the sites, buildings, and districts listed
in section 202 of the Dayton Aviation Heritage Preservation
Act of 1992 (Public Law 102–419), and any other property
in the Heritage Area that is related to the themes of the
Heritage Area and that should be preserved, restored, managed,
or maintained because of its significance.
(2) An assessment of cultural landscapes within the Herit-
age Area.
(3) Provisions for the protection, interpretation, and enjoy-
ment of the resources of the Heritage Area consistent with
the purposes of this title.
(4) An interpretation plan for the Heritage Area.
(5) A program for implementation of the Management Plan
by the management entity, including the following:
(A) Facilitating ongoing collaboration among the part-
ners to promote heritage tourism and to develop edu-
cational and cultural programs for the public.
(B) Assisting partners planning for restoration and
construction.
(C) Specific commitments of the partners for the first
5 years of operation.
(6) The identification of sources of funding for implementing
the plan.
(7) A description and evaluation of the management entity,
including its membership and organizational structure.
(c) DISQUALIFICATION FROM FUNDING.—If a proposed Manage-
ment Plan is not submitted to the Secretary within 3 years of
the date of the enactment of this title, the management entity
shall be ineligible to receive additional funding under this title
until the date on which the Secretary receives the proposed Manage-
ment Plan.
(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—The
Secretary, in consultation with the State of Ohio, shall approve
or disapprove the proposed Management Plan submitted under
this title not later than 90 days after receiving such proposed
Management Plan.
(e) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves a proposed Management Plan, the Secretary shall advise
the management entity in writing of the reasons for the disapproval
and shall make recommendations for revisions to the proposed
Management Plan. The Secretary shall approve or disapprove a
proposed revision within 90 days after the date it is submitted.
Deadline.
Deadline.
Deadline.
16 USC 461 note.
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(f) APPROVAL
OF AMENDMENTS.—The Secretary shall review
and approve substantial amendments to the Management Plan.
Funds appropriated under this title may not be expended to imple-
ment any changes made by such amendment until the Secretary
approves the amendment.
SEC. 507. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon the request
of the management entity, the Secretary may provide technical
assistance, on a reimbursable or nonreimbursable basis, and finan-
cial assistance to the Heritage Area to develop and implement
the management plan. The Secretary is authorized to enter into
cooperative agreements with the management entity and other
public or private entities for this purpose. In assisting the Heritage
Area, the Secretary shall give priority to actions that in general
assist in—
(1) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage Area.
(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any Federal agency
conducting or supporting activities directly affecting the Heritage
Area shall—
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management
entity in carrying out their duties under this title;
(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
(4) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity deter-
mines will not have an adverse effect on the Heritage Area.
SEC. 508. COORDINATION BETWEEN THE SECRETARY AND THE SEC-
RETARY OF DEFENSE AND THE ADMINISTRATOR OF
NASA.
The decisions concerning the execution of this title as it applies
to properties under the control of the Secretary of Defense and
the Administrator of the National Aeronautics and Space Adminis-
tration shall be made by such Secretary or such Administrator,
in consultation with the Secretary of the Interior.
SEC. 509. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, or promoted by the management plan for the Heritage
Area until the owner of that private property has been notified
in writing by the management entity and has given written consent
for such preservation, conservation, or promotion to the manage-
ment entity.
(b) LANDOWNER WITHDRAW.—Any owner of private property
included within the boundary of the Heritage Area shall have
their property immediately removed from the boundary by submit-
ting a written request to the management entity.
16 USC 461 note.
16 USC 461 note.
Contracts.
16 USC 461 note.
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SEC. 510. PRIVATE PROPERTY PROTECTION.
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall
be construed to—
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) LIABILITY.—Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) RECOGNITION
OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this title shall be construed to modify the authority
of Federal, State, or local governments to regulate land use.
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE
AREA.—Nothing in this title shall be construed to require the owner
of any private property located within the boundaries of the Herit-
age Area to participate in or be associated with the Heritage Area.
(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for
the Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not
be construed to provide any nonexisting regulatory authority on
land use within the Heritage Area or its viewshed by the Secretary,
the National Park Service, or the management entity.
SEC. 511. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—To carry out this title there is authorized
to be appropriated $10,000,000, except that not more than
$1,000,000 may be appropriated to carry out this title for any
fiscal year.
(b) FIFTY PERCENT MATCH.—The Federal share of the cost
of activities carried out using any assistance or grant under this
title shall not exceed 50 percent.
SEC. 512. SUNSET PROVISION.
The authority of the Secretary to provide assistance under
this title terminates on the date that is 15 years after the date
that funds are first made available for this title.
SEC. 513. WRIGHT COMPANY FACTORY STUDY AND REPORT.
(a) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a special
resource study updating the study required under section 104
of the Dayton Aviation Heritage Preservation Act of 1992
(Public Law 102–419) and detailing alternatives for incor-
porating the Wright Company factory as a unit of Dayton
Aviation Heritage National Historical Park.
(2) CONTENTS.—The study shall include an analysis of
alternatives for including the Wright Company factory as a
unit of Dayton Aviation Heritage National Historical Park that
detail management and development options and costs.
(3) CONSULTATION.—In conducting the study, the Secretary
shall consult with the Delphi Corporation, the Aviation Herit-
age Foundation, State and local agencies, and other interested
parties in the area.
16 USC 461 note.
16 USC 461 note.
16 USC 461 note.
16 USC 461 note.
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(b) REPORT.—Not later than 3 years after funds are first made
available for this section, the Secretary shall submit to the Com-
mittee on Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate a report
describing the results of the study conducted under this section.
TITLE VI—OIL REGION NATIONAL
HERITAGE AREA
SEC. 601. SHORT TITLE; DEFINITIONS.
(a) SHORT TITLE.—This title may be cited as the ‘‘Oil Region
National Heritage Area Act’’.
(b) DEFINITIONS.—For the purposes of this title, the following
definitions shall apply:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Oil Region National Heritage Area established in section 603(a).
(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’
means the Oil Heritage Region, Inc., or its successor entity.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 602. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania, with
numerous sites and districts listed on the National Register
of Historic Places, and designated by the Governor of Pennsyl-
vania as one of the State Heritage Park Areas, is a region
with tremendous physical and natural resources and possesses
a story of State, national, and international significance.
(2) The single event of Colonel Edwin Drake’s drilling
of the world’s first successful oil well in 1859 has affected
the industrial, natural, social, and political structures of the
modern world.
(3) Six national historic districts are located within the
State Heritage Park boundary, in Emlenton, Franklin, Oil City,
and Titusville, as well as 17 separate National Register sites.
(4) The Allegheny River, which was designated as a compo-
nent of the national wild and scenic rivers system in 1992
by Public Law 102–271, traverses the Oil Region and connects
several of its major sites, as do some of the river’s tributaries
such as Oil Creek, French Creek, and Sandy Creek.
(5) The unspoiled rural character of the Oil Region provides
many natural and recreational resources, scenic vistas, and
excellent water quality for people throughout the United States
to enjoy.
(6) Remnants of the oil industry, visible on the landscape
to this day, provide a direct link to the past for visitors, as
do the historic valley settlements, riverbed settlements, plateau
developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross section of Amer-
ican history associated with Native Americans, frontier settle-
ments, the French and Indian War, African Americans and
the Underground Railroad, and immigration of Swedish and
Polish individuals, among others.
(8) Involvement by the Federal Government shall serve
to enhance the efforts of the Commonwealth of Pennsylvania,
16 USC 461 note.
16 USC 461 note.
Oil Region
National
Heritage Area
Act.
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118 STAT. 3369
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volunteer organizations, and private businesses, to promote
the cultural, national, and recreational resources of the region
in order to fulfill their full potential.
(b) PURPOSE.—The purpose of this title is to enhance a coopera-
tive management framework to assist the Commonwealth of
Pennsylvania, its units of local government, and area citizens in
conserving, enhancing, and interpreting the significant features
of the lands, water, and structures of the Oil Region, in a manner
consistent with compatible economic development for the benefit
and inspiration of present and future generations in the Common-
wealth of Pennsylvania and the United States.
SEC. 603. OIL REGION NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is hereby established the Oil
Region National Heritage Area.
(b) BOUNDARIES.—The boundaries of the Heritage Area shall
include all of those lands depicted on a map entitled ‘‘Oil Region
National Heritage Area’’, numbered OIRE/20,000 and dated October
2000. The map shall be on file in the appropriate offices of the
National Park Service. The Secretary of the Interior shall publish
in the Federal Register, as soon as practical after the date of
the enactment of this Act, a detailed description and map of the
boundaries established under this subsection.
(c) MANAGEMENT ENTITY.—The management entity for the
Heritage Area shall be the Oil Heritage Region, Inc., the locally
based private, nonprofit management corporation which shall over-
see the development of a management plan in accordance with
section 605(b).
SEC. 604. COMPACT.
To carry out the purposes of this title, the Secretary shall
enter into a compact with the management entity. The compact
shall include information relating to the objectives and management
of the area, including a discussion of the goals and objectives
of the Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general outline
of the protection measures committed to by the Secretary and
management entity.
SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—The manage-
ment entity may use funds made available under this title for
purposes of preparing, updating, and implementing the manage-
ment plan developed under subsection (b). Such purposes may
include—
(1) making grants to, and entering into cooperative agree-
ments with, States and their political subdivisions, private
organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the purposes of
the Heritage Area.
(b) MANAGEMENT PLAN.—The management entity shall develop
a management plan for the Heritage Area that—
(1) presents comprehensive strategies and recommenda-
tions for conservation, funding, management, and development
of the Heritage Area;
16 USC 461 note.
16 USC 461 note.
Federal Register,
publication.
16 USC 461 note.
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(2) takes into consideration existing State, county, and
local plans and involves residents, public agencies, and private
organizations working in the Heritage Area;
(3) includes a description of actions that units of govern-
ment and private organizations have agreed to take to protect
the resources of the Heritage Area;
(4) specifies the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(5) includes an inventory of the resources contained in
the Heritage Area, including a list of any property in the
Heritage Area that is related to the themes of the Heritage
Area and that should be preserved, restored, managed, devel-
oped, or maintained because of its natural, cultural, historic,
recreational, or scenic significance;
(6) describes a program for implementation of the manage-
ment plan by the management entity, including plans for res-
toration and construction, and specific commitments for that
implementation that have been made by the management entity
and any other persons for the first 5 years of implementation;
(7) lists any revisions to the boundaries of the Heritage
Area proposed by the management entity and requested by
the affected local government; and
(8) includes an interpretation plan for the Heritage Area.
(c) DEADLINE; TERMINATION OF FUNDING.—
(1) DEADLINE.—The management entity shall submit the
management plan to the Secretary within 2 years after the
funds are made available for this title.
(2) TERMINATION OF FUNDING.—If a management plan is
not submitted to the Secretary in accordance with this sub-
section, the management entity shall not qualify for Federal
assistance under this title.
(d) DUTIES OF MANAGEMENT ENTITY.—The management entity
shall—
(1) give priority to implementing actions set forth in the
compact and management plan;
(2) assist units of government, regional planning organiza-
tions, and nonprofit organizations in—
(A) establishing and maintaining interpretive exhibits
in the Heritage Area;
(B) developing recreational resources in the Heritage
Area;
(C) increasing public awareness of and appreciation
for the natural, historical, and architectural resources and
sites in the Heritage Area;
(D) the restoration of any historic building relating
to the themes of the Heritage Area;
(E) ensuring that clear signs identifying access points
and sites of interest are put in place throughout the Herit-
age Area; and
(F) carrying out other actions that the management
entity determines to be advisable to fulfill the purposes
of this title;
(3) encourage by appropriate means economic viability in
the Heritage Area consistent with the goals of the management
plan;
(4) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area; and
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(5) for any year in which Federal funds have been provided
to implement the management plan under subsection (b)—
(A) conduct public meetings at least annually regarding
the implementation of the management plan;
(B) submit an annual report to the Secretary setting
forth accomplishments, expenses and income, and each per-
son to which any grant was made by the management
entity in the year for which the report is made; and
(C) require, for all agreements entered into by the
management entity authorizing expenditure of Federal
funds by any other person, that the person making the
expenditure make available to the management entity for
audit all records pertaining to the expenditure of such
funds.
(e) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—
The management entity may not use Federal funds received under
this title to acquire real property or an interest in real property.
SEC. 606. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—
(A) OVERALL ASSISTANCE.—The Secretary may, upon
the request of the management entity, and subject to the
availability of appropriations, provide technical and finan-
cial assistance to the management entity to carry out its
duties under this title, including updating and imple-
menting a management plan that is submitted under sec-
tion 605(b) and approved by the Secretary and, prior to
such approval, providing assistance for initiatives.
(B) OTHER
ASSISTANCE.—If the Secretary has the
resources available to provide technical assistance to the
management entity to carry out its duties under this title
(including updating and implementing a management plan
that is submitted under section 605(b) and approved by
the Secretary and, prior to such approval, providing assist-
ance for initiatives), upon the request of the management
entity the Secretary shall provide such assistance on a
reimbursable basis. This subparagraph does not preclude
the Secretary from providing nonreimbursable assistance
under subparagraph (A).
(2) PRIORITY.—In assisting the management entity, the
Secretary shall give priority to actions that assist in the—
(A) implementation of the management plan;
(B) provision of educational assistance and advice
regarding land and water management techniques to con-
serve the significant natural resources of the region;
(C) development and application of techniques pro-
moting the preservation of cultural and historic properties;
(D) preservation, restoration, and reuse of publicly and
privately owned historic buildings;
(E) design and fabrication of a wide range of interpre-
tive materials based on the management plan, including
guide brochures, visitor displays, audio-visual and inter-
active exhibits, and educational curriculum materials for
public education; and
(F) implementation of initiatives prior to approval of
the management plan.
16 USC 461 note.
Reports.
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(3) DOCUMENTATION
OF
STRUCTURES.—The Secretary,
acting through the Historic American Building Survey and
the Historic American Engineering Record, shall conduct
studies necessary to document the industrial, engineering,
building, and architectural history of the Heritage Area.
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLANS.—The
Secretary, in consultation with the Governor of Pennsylvania, shall
approve or disapprove a management plan submitted under this
title not later than 90 days after receiving such plan. In approving
the plan, the Secretary shall take into consideration the following
criteria:
(1) The extent to which the management plan adequately
preserves and protects the natural, cultural, and historical
resources of the Heritage Area.
(2) The level of public participation in the development
of the management plan.
(3) The extent to which the board of directors of the
management entity is representative of the local government
and a wide range of interested organizations and citizens.
(c) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves a management plan, the Secretary shall advise the
management entity in writing of the reasons for the disapproval
and shall make recommendations for revisions in the management
plan. The Secretary shall approve or disapprove a proposed revision
within 90 days after the date it is submitted.
(d) APPROVING CHANGES.—The Secretary shall review and
approve amendments to the management plan under section 605(b)
that make substantial changes. Funds appropriated under this title
may not be expended to implement such changes until the Secretary
approves the amendments.
(e) EFFECT OF INACTION.—If the Secretary does not approve
or disapprove a management plan, revision, or change within 90
days after it is submitted to the Secretary, then such management
plan, revision, or change shall be deemed to have been approved
by the Secretary.
SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall—
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management
entity in carrying out their duties under this title and, to
the maximum extent practicable, coordinate such activities with
the carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner that the management entity deter-
mines shall not have an adverse effect on the Heritage Area.
SEC. 608. SUNSET.
The Secretary may not make any grant or provide any assist-
ance under this title after the expiration of the 15-year period
beginning on the date that funds are first made available for
this title.
16 USC 461 note.
16 USC 461 note.
Deadline.
Deadline.
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SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, or promoted by the management plan for the Heritage
Area until the owner of that private property has been notified
in writing by the management entity and has given written consent
for such preservation, conservation, or promotion to the manage-
ment entity.
(b) LANDOWNER WITHDRAW.—Any owner of private property
included within the boundary of the Heritage Area shall have
their property immediately removed from the boundary by submit-
ting a written request to the management entity.
SEC. 610. PRIVATE PROPERTY PROTECTION.
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall
be construed to—
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) LIABILITY.—Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) RECOGNITION
OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this title shall be construed to modify the authority
of Federal, State, or local governments to regulate land use.
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE
AREA.—Nothing in this title shall be construed to require the owner
of any private property located within the boundaries of the Herit-
age Area to participate in or be associated with the Heritage Area.
(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for
the Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not
be construed to provide any nonexisting regulatory authority on
land use within the Heritage Area or its viewshed by the Secretary,
the National Park Service, or the management entity.
SEC. 611. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this title shall preclude the management entity
from using Federal funds available under Acts other than this
title for the purposes for which those funds were authorized.
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
carry out this title—
(1) not more than $1,000,000 for any fiscal year; and
(2) not more than a total of $10,000,000.
(b) 50 PERCENT MATCH.—Financial assistance provided under
this title may not be used to pay more than 50 percent of the
total cost of any activity carried out with that assistance.
16 USC 461 note.
16 USC 461 note.
16 USC 461 note.
16 USC 461 note.
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TITLE VII—MISSISSIPPI GULF COAST NATIONAL HERITAGE
AREA ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Mississippi Gulf Coast National
Heritage Area Act’’.
SEC. 702. CONGRESSIONAL FINDINGS.
Congress finds that—
(1) the 6-county area in southern Mississippi located on
the Gulf of Mexico and in the Mississippi Coastal Plain has
a unique identity that is shaped by—
(A) the coastal and riverine environment; and
(B) the diverse cultures that have settled in the area;
(2) the area is rich with diverse cultural and historical
significance, including—
(A) early Native American settlements; and
(B) Spanish, French, and English settlements origi-
nating in the 1600s;
(3) the area includes spectacular natural, scenic, and rec-
reational resources;
(4) there is broad support from local governments and
other interested individuals for the establishment of the Mis-
sissippi Gulf Coast National Heritage Area to coordinate and
assist in the preservation and interpretation of those resources;
(5) the Comprehensive Resource Management Plan, coordi-
nated by the Mississippi Department of Marine Resources—
(A) is a collaborative effort of the Federal Government
and State and local governments in the area; and
(B) is a natural foundation on which to establish the
Heritage Area; and
(6) establishment of the Heritage Area would assist local
communities and residents in preserving the unique cultural,
historical, and natural resources of the area.
SEC. 703. DEFINITIONS.
In this Act:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Mississippi Gulf Coast National Heritage Area established by
section 4(a).
(2) COORDINATING ENTITY.—The term ‘‘coordinating entity’’
means the coordinating entity for the Heritage Area designated
by section 4(c).
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area developed
under section 5.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) STATE.—The term ‘‘State’’ means the State of Mis-
sissippi.
SEC. 704. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the State the Mis-
sissippi Gulf Coast National Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall consist of the coun-
ties of Pearl River, Stone, George, Hancock, Harrison, and Jackson
in the State.
(c) COORDINATING ENTITY.—
16 USC 461 note.
16 USC 461 note.
16 USC 461 note.
Mississippi Gulf
Coast National
Heritage Area
Act.
16 USC 461 note.
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(1) IN GENERAL.—The Mississippi Department of Marine
Resources, in consultation with the Mississippi Department
of Archives and History, shall serve as the coordinating entity
for the Heritage Area.
(2) OVERSIGHT COMMITTEE.—The coordinating entity shall
ensure that each of the 6 counties included in the Heritage
Area is appropriately represented on any oversight committee.
SEC. 705. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the coordinating entity shall develop and
submit to the Secretary a management plan for the Heritage Area.
(b) REQUIREMENTS.—The management plan shall—
(1) provide recommendations for the conservation, funding,
management, interpretation, and development of the cultural,
historical, archaeological, natural, and recreational resources
of the Heritage Area;
(2) identify sources of funding for the Heritage Area;
(3) include—
(A) an inventory of the cultural, historical, archae-
ological, natural, and recreational resources of the Heritage
Area; and
(B) an analysis of ways in which Federal, State, tribal,
and local programs may best be coordinated to promote
the purposes of this Act;
(4) provide recommendations for educational and interpre-
tive programs to inform the public about the resources of the
Heritage Area; and
(5) involve residents of affected communities and tribal
and local governments.
(c) FAILURE TO SUBMIT.—If a management plan is not submitted
to the Secretary by the date specified in subsection (a), the Secretary
shall not provide any additional funding under this Act until a
management plan for the Heritage Area is submitted to the Sec-
retary.
(d) APPROVAL OR DISAPPROVAL OF THE MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 90 days after receipt of
the management plan under subsection (a), the Secretary shall
approve or disapprove the management plan.
(2) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves a management plan under paragraph (1), the Sec-
retary shall—
(A) advise the coordinating entity in writing of the
reasons for disapproval;
(B) make recommendations for revision of the manage-
ment plan; and
(C) allow the coordinating entity to submit to the Sec-
retary revisions to the management plan.
(e) REVISION.—After approval by the Secretary of the manage-
ment plan, the coordinating entity shall periodically—
(1) review the management plan; and
(2) submit to the Secretary, for review and approval by
the Secretary, any recommendations for revisions to the
management plan.
SEC. 706. AUTHORITIES AND DUTIES OF COORDINATING ENTITY.
(a) AUTHORITIES.—For purposes of developing and imple-
menting the management plan and otherwise carrying out this
16 USC 461 note.
Deadline.
16 USC 461 note.
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118 STAT. 3376
PUBLIC LAW 108–447—DEC. 8, 2004
Act, the coordinating entity may make grants to and provide tech-
nical assistance to tribal and local governments, and other public
and private entities.
(b) DUTIES.—In addition to developing the management plan
under section 5, in carrying out this Act, the coordinating entity
shall—
(1) implement the management plan; and
(2) assist local and tribal governments and non-profit
organizations in—
(A) establishing and maintaining interpretive exhibits
in the Heritage Area;
(B) developing recreational resources in the Heritage
Area;
(C) increasing public awareness of, and appreciation
for, the cultural, historical, archaeological, and natural
resources of the Heritage Area;
(D) restoring historic structures that relate to the
Heritage Area; and
(E) carrying out any other activity that the coordi-
nating entity determines to be appropriate to carry out
this Act, consistent with the management plan;
(3) conduct public meetings at least annually regarding
the implementation of the management plan; and
(4) for any fiscal year for which Federal funds are made
available under section 9—
(A) submit to the Secretary a report that describes,
for the fiscal year, the actions of the coordinating entity
in carrying out this Act;
(B) make available to the Secretary for audit all records
relating to the expenditure of funds and any matching
funds; and
(C) require, for all agreements authorizing the expendi-
ture of Federal funds by any entity, that the receiving
entity make available to the Secretary for audit all records
relating to the expenditure of the funds.
(c) PROHIBITION
ON ACQUISITION
OF REAL PROPERTY.—The
coordinating entity shall not use Federal funds made available
under this Act to acquire real property or any interest in real
property.
SEC. 707. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.
(a) IN GENERAL.—On the request of the coordinating entity,
the Secretary may provide technical and financial assistance to
the coordinating entity for use in the development and implementa-
tion of the management plan.
(b) PROHIBITION OF CERTAIN REQUIREMENTS.—The Secretary
may not, as a condition of the provision of technical or financial
assistance under this section, require any recipient of the assistance
to impose or modify any land use restriction or zoning ordinance.
SEC. 708. EFFECT OF ACT.
Nothing in this Act—
(1) affects or authorizes the coordinating entity to interfere
with—
(A) the right of any person with respect to private
property; or
(B) any local zoning ordinance or land use plan;
16 USC 461 note.
16 USC 461 note.
Reports.
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118 STAT. 3377
PUBLIC LAW 108–447—DEC. 8, 2004
(2) restricts an Indian tribe from protecting cultural or
religious sites on tribal land;
(3) modifies, enlarges, or diminishes the authority of any
State, tribal, or local government to regulate any use of land
under any other law (including regulations);
(4)(A) modifies, enlarges, or diminishes the authority of
the State to manage fish and wildlife in the Heritage Area,
including the regulation of fishing and hunting; or
(B) authorizes the coordinating entity to assume any
management authorities over such lands; or
(5) diminishes the trust responsibilities or government-
to-government obligations of the United States to any federally
recognized Indian tribe.
SEC. 709. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this Act $10,000,000, of which not more than $1,000,000
may be made available for any fiscal year.
(b) COST-SHARING REQUIREMENT.—The Federal share of the
total cost of any activity assisted under this Act shall be not
more than 50 percent.
VIII—FEDERAL LANDS RECREATION ENHANCEMENT ACT
SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the ‘‘Federal
Lands Recreation Enhancement Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 801. Short title and table of contents.
Sec. 802. Definitions.
Sec. 803. Recreation fee authority.
Sec. 804. Public participation.
Sec. 805. Recreation passes.
Sec. 806. Cooperative agreements.
Sec. 807. Special account and distribution of fees and revenues.
Sec. 808. Expenditures.
Sec. 809. Reports.
Sec. 810. Sunset provision.
Sec. 811. Volunteers.
Sec. 812. Enforcement and protection of receipts.
Sec. 813. Repeal of superseded admission and use fee authorities.
Sec. 814. Relation to other laws and fee collection authorities.
Sec. 815. Limitation on use of fees for employee bonuses.
SEC. 802. DEFINITIONS.
In this Act:
(1) STANDARD
AMENITY
RECREATION
FEE.—The term
‘‘standard amenity recreation fee’’ means the recreation fee
authorized by section 3(f).
(2) EXPANDED
AMENITY
RECREATION
FEE.—The term
‘‘expanded amenity recreation fee’’ means the recreation fee
authorized by section 3(g).
(3) ENTRANCE FEE.—The term ‘‘entrance fee’’ means the
recreation fee authorized to be charged to enter onto lands
managed by the National Park Service or the United States
Fish and Wildlife Service.
(4) FEDERAL LAND MANAGEMENT AGENCY.—The term ‘‘Fed-
eral land management agency’’ means the National Park
Service, the United States Fish and Wildlife Service, the Bureau
16 USC 6801.
Federal Lands
Recreation
Enhancement
Act.
16 USC 6801
note.
16 USC 461 note.
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118 STAT. 3378
PUBLIC LAW 108–447—DEC. 8, 2004
of Land Management, the Bureau of Reclamation, or the Forest
Service.
(5) FEDERAL RECREATIONAL LANDS AND WATERS.—The term
‘‘Federal recreational lands and waters’’ means lands or waters
managed by a Federal land management agency.
(6) NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS
PASS.—The term ‘‘National Parks and Federal Recreational
Lands Pass’’ means the interagency national pass authorized
by section 5.
(7) PASSHOLDER.—The term ‘‘passholder’’ means the person
who is issued a recreation pass.
(8) RECREATION FEE.—The term ‘‘recreation fee’’ means an
entrance fee, standard amenity recreation fee, expanded
amenity recreation fee, or special recreation permit fee.
(9) RECREATION PASS.—The term ‘‘recreation pass’’ means
the National Parks and Federal Recreational Lands Pass or
one of the other recreation passes available as authorized by
section 5.
(10) SECRETARY.—The term ‘‘Secretary’’ means—
(A) the Secretary of the Interior, with respect to a
Federal land management agency (other than the Forest
Service); and
(B) the Secretary of Agriculture, with respect to the
Forest Service.
(11) SECRETARIES.—The term ‘‘Secretaries’’ means the Sec-
retary of the Interior and the Secretary of Agriculture acting
jointly.
(12) SPECIAL ACCOUNT.—The term ‘‘special account’’ means
the special account established in the Treasury under section
7 for a Federal land management agency.
(13) SPECIAL RECREATION PERMIT FEE.—The term ‘‘special
recreation permit fee’’ means the fee authorized by section
3(h).
SEC. 803. RECREATION FEE AUTHORITY.
(a) AUTHORITY OF SECRETARY.—Beginning in fiscal year 2005
and thereafter, the Secretary may establish, modify, charge, and
collect recreation fees at Federal recreational lands and waters
as provided for in this section.
(b) BASIS
FOR RECREATION FEES.—Recreation fees shall be
established in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be commensurate
with the benefits and services provided to the visitor.
(2) The Secretary shall consider the aggregate effect of
recreation fees on recreation users and recreation service pro-
viders.
(3) The Secretary shall consider comparable fees charged
elsewhere and by other public agencies and by nearby private
sector operators.
(4) The Secretary shall consider the public policy or
management objectives served by the recreation fee.
(5) The Secretary shall obtain input from the appropriate
Recreation Resource Advisory Committee, as provided in section
4(d).
(6) The Secretary shall consider such other factors or cri-
teria as determined appropriate by the Secretary.
16 USC 6802.
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118 STAT. 3379
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(c) SPECIAL CONSIDERATIONS.—The Secretary shall establish
the minimum number of recreation fees and shall avoid the collec-
tion of multiple or layered recreation fees for similar uses, activities,
or programs.
(d) LIMITATIONS ON RECREATION FEES.—
(1) PROHIBITION ON FEES FOR CERTAIN ACTIVITIES OR SERV-
ICES.—The Secretary shall not charge any standard amenity
recreation fee or expanded amenity recreation fee for Federal
recreational lands and waters administered by the Bureau of
Land Management, the Forest Service, or the Bureau of Rec-
lamation under this Act for any of the following:
(A) Solely for parking, undesignated parking, or pic-
nicking along roads or trailsides.
(B) For general access unless specifically authorized
under this section.
(C) For dispersed areas with low or no investment
unless specifically authorized under this section.
(D) For persons who are driving through, walking
through, boating through, horseback riding through, or
hiking through Federal recreational lands and waters with-
out using the facilities and services.
(E) For camping at undeveloped sites that do not pro-
vide a minimum number of facilities and services as
described in subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
(G) For travel by private, noncommercial vehicle over
any national parkway or any road or highway established
as a part of the Federal-aid System, as defined in section
101 of title 23, United States Code, which is commonly
used by the public as a means of travel between two
places either or both of which are outside any unit or
area at which recreation fees are charged under this Act.
(H) For travel by private, noncommercial vehicle, boat,
or aircraft over any road or highway, waterway, or airway
to any land in which such person has any property right
if such land is within any unit or area at which recreation
fees are charged under this Act.
(I) For any person who has a right of access for hunting
or fishing privileges under a specific provision of law or
treaty.
(J) For any person who is engaged in the conduct
of official Federal, State, Tribal, or local government busi-
ness.
(K) For special attention or extra services necessary
to meet the needs of the disabled.
(2) RELATION TO FEES FOR USE OF HIGHWAYS OR ROADS.—
An entity that pays a special recreation permit fee or similar
permit fee shall not be subject to a road cost-sharing fee or
a fee for the use of highways or roads that are open to private,
noncommercial use within the boundaries of any Federal rec-
reational lands or waters, as authorized under section 6 of
Public Law 88–657 (16 U.S.C. 537; commonly known as the
Forest Roads and Trails Act).
(3) PROHIBITION
ON
FEES
FOR
CERTAIN
PERSONS
OR
PLACES.—The Secretary shall not charge an entrance fee or
standard amenity recreation fee for the following:
(A) Any person under 16 years of age.
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118 STAT. 3380
PUBLIC LAW 108–447—DEC. 8, 2004
(B) Outings conducted for noncommercial educational
purposes by schools or bona fide academic institutions.
(C) The U.S.S. Arizona Memorial, Independence
National Historical Park, any unit of the National Park
System within the District of Columbia, or Arlington
House-Robert E. Lee National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great Smoky
Mountains National Park or any part thereof unless fees
are charged for entrance into that park on main highways
and thoroughfares.
(F) Entrance on units of the National Park System
containing deed restrictions on charging fees.
(G) An area or unit covered under section 203 of the
Alaska National Interest Lands Conservation Act (Public
Law 96–487; 16 U.S.C. 410hh–2), with the exception of
Denali National Park and Preserve.
(H) A unit of the National Wildlife Refuge System
created, expanded, or modified by the Alaska National
Interest Lands Conservation Act (Public Law 96–487).
(I) Any person who visits a unit or area under the
jurisdiction of the United States Fish and Wildlife Service
and who has been issued a valid migratory bird hunting
and conservation stamp issued under section 2 of the Act
of March 16, 1934 (16 U.S.C. 718b; commonly known as
the Duck Stamp Act).
(J) Any person engaged in a nonrecreational activity
authorized under a valid permit issued under any other
Act, including a valid grazing permit.
(4) NO
RESTRICTION
ON
RECREATION
OPPORTUNITIES.—
Nothing in this Act shall limit the use of recreation opportuni-
ties only to areas designated for collection of recreation fees.
(e) ENTRANCE FEE.—
(1) AUTHORIZED SITES FOR ENTRANCE FEES.—The Secretary
of the Interior may charge an entrance fee for a unit of the
National Park System, including a national monument adminis-
tered by the National Park Service, or for a unit of the National
Wildlife Refuge System.
(2) PROHIBITED SITES.—The Secretary shall not charge an
entrance fee for Federal recreational lands and waters managed
by the Bureau of Land Management, the Bureau of Reclama-
tion, or the Forest Service.
(f) STANDARD AMENITY RECREATION FEE.—Except as limited
by subsection (d), the Secretary may charge a standard amenity
recreation fee for Federal recreational lands and waters under
the jurisdiction of the Bureau of Land Management, the Bureau
of Reclamation, or the Forest Service, but only at the following:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center that provides
a broad range of interpretive services, programs, and media.
(4) An area—
(A) that provides significant opportunities for outdoor
recreation;
(B) that has substantial Federal investments;
(C) where fees can be efficiently collected; and
(D) that contains all of the following amenities:
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(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or kiosk.
(v) Picnic tables.
(vi) Security services.
(g) EXPANDED AMENITY RECREATION FEE.—
(1) NPS AND USFWS AUTHORITY.—Except as limited by sub-
section (d), the Secretary of the Interior may charge an
expanded amenity recreation fee, either in addition to an
entrance fee or by itself, at Federal recreational lands and
waters under the jurisdiction of the National Park Service
or the United States Fish and Wildlife Service when the Sec-
retary of the Interior determines that the visitor uses a specific
or specialized facility, equipment, or service.
(2) OTHER FEDERAL LAND MANAGEMENT AGENCIES.—Except
as limited by subsection (d), the Secretary may charge an
expanded amenity recreation fee, either in addition to a
standard amenity fee or by itself, at Federal recreational lands
and waters under the jurisdiction of the Forest Service, the
Bureau of Land Management, or the Bureau of Reclamation,
but only for the following facilities or services:
(A) Use of developed campgrounds that provide at least
a majority of the following:
(i) Tent or trailer spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an employee or
agent of the Federal land management agency.
(vi) Reasonable visitor protection.
(vii) Refuse containers.
(viii) Toilet facilities.
(ix) Simple devices for containing a campfire.
(B) Use of highly developed boat launches with special-
ized facilities or services such as mechanical or hydraulic
boat lifts or facilities, multi-lane paved ramps, paved
parking, restrooms and other improvements such as
boarding floats, loading ramps, or fish cleaning stations.
(C) Rental of cabins, boats, stock animals, lookouts,
historic structures, group day-use or overnight sites, audio
tour devices, portable sanitation devices, binoculars or
other equipment.
(D) Use of hookups for electricity, cable, or sewer.
(E) Use of sanitary dump stations.
(F) Participation in an enhanced interpretive program
or special tour.
(G) Use of reservation services.
(H) Use of transportation services.
(I) Use of areas where emergency medical or first-
aid services are administered from facilities staffed by
public employees or employees under a contract or recip-
rocal agreement with the Federal Government.
(J) Use of developed swimming sites that provide at
least a majority of the following:
(i) Bathhouse with showers and flush toilets.
(ii) Refuse containers.
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118 STAT. 3382
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(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards.
(vi) Floats encompassing the swimming area.
(vii) Swimming deck.
(h) SPECIAL RECREATION PERMIT FEE.—The Secretary may issue
a special recreation permit, and charge a special recreation permit
fee in connection with the issuance of the permit, for specialized
recreation uses of Federal recreational lands and waters, such as
group activities, recreation events, motorized recreational vehicle
use.
SEC. 804. PUBLIC PARTICIPATION.
(a) IN GENERAL.—As required in this section, the Secretary
shall provide the public with opportunities to participate in the
development of or changing of a recreation fee established under
this Act.
(b) ADVANCE NOTICE.—The Secretary shall publish a notice
in the Federal Register of the establishment of a new recreation
fee area for each agency 6 months before establishment. The Sec-
retary shall publish notice of a new recreation fee or a change
to an existing recreation fee established under this Act in local
newspapers and publications located near the site at which the
recreation fee would be established or changed.
(c) PUBLIC INVOLVEMENT.—Before establishing any new recre-
ation fee area, the Secretary shall provide opportunity for public
involvement by—
(1) establishing guidelines for public involvement;
(2) establishing guidelines on how agencies will dem-
onstrate on an annual basis how they have provided informa-
tion to the public on the use of recreation fee revenues; and
(3) publishing the guidelines in paragraphs (1) and (2)
in the Federal Register.
(d) RECREATION RESOURCE ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—
(A) AUTHORITY TO ESTABLISH.—Except as provided in
subparagraphs (C) and (D), the Secretary or the Secretaries
shall establish a Recreation Resource Advisory Committee
in each State or region for Federal recreational lands and
waters managed by the Forest Service or the Bureau of
Land Management to perform the duties described in para-
graph (2).
(B) NUMBER OF COMMITTEES.—The Secretary may have
as many additional Recreation Resource Advisory Commit-
tees in a State or region as the Secretary considers nec-
essary for the effective operation of this Act.
(C) EXCEPTION.—The Secretary shall not establish a
Recreation Resource Advisory Committee in a State if the
Secretary determines, in consultation with the Governor
of the State, that sufficient interest does not exist to ensure
that participation on the Committee is balanced in terms
of the points of view represented and the functions to
be performed.
(D) USE OF OTHER ENTITIES.—In lieu of establishing
a Recreation Resource Advisory Committee under subpara-
graph (A), the Secretary may use a Resource Advisory
Committee established pursuant to another provision of
Federal Register,
publication.
Guidelines.
Federal Register,
publication.
16 USC 6803.
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118 STAT. 3383
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law and in accordance with that law or a recreation fee
advisory board otherwise established by the Secretary to
perform the duties specified in paragraph (2).
(2) DUTIES.—In accordance with the procedures required
by paragraph (9), a Recreation Resource Advisory Committee
may make recommendations to the Secretary regarding a
standard amenity recreation fee or an expanded amenity recre-
ation fee, whenever the recommendations relate to public con-
cerns in the State or region covered by the Committee
regarding—
(A) the implementation of a standard amenity recre-
ation fee or an expanded amenity recreation fee or the
establishment of a specific recreation fee site;
(B) the elimination of a standard amenity recreation
fee or an expanded amenity recreation fee; or
(C) the expansion or limitation of the recreation fee
program.
(3) MEETINGS.—A Recreation Resource Advisory Committee
shall meet at least annually, but may, at the discretion of
the Secretary, meet as often as needed to deal with citizen
concerns about the recreation fee program in a timely manner.
(4) NOTICE
OF
REJECTION.—If the Secretary rejects the
recommendation of a Recreation Resource Advisory Committee,
the Secretary shall issue a notice that identifies the reasons
for rejecting the recommendation to the Committee on
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate not later than
30 days before the Secretary implements a decision pertaining
to that recommendation.
(5) COMPOSITION OF THE ADVISORY COMMITTEE.—
(A) NUMBER.—A Recreation Resource Advisory Com-
mittee shall be comprised of 11 members.
(B) NOMINATIONS.—The Governor and the designated
county official from each county in the relevant State or
Region may submit a list of nominations in the categories
described under subparagraph (D).
(C) APPOINTMENT.—The Secretary may appoint mem-
bers of the Recreation Resource Advisory Committee from
the list as provided in subparagraph (B).
(D) 
BROAD
AND
BALANCED
REPRESENTATION.—In
appointing the members of a Recreation Resource Advisory
Committee, the Secretary shall provide for a balanced and
broad representation from the recreation community that
shall include the following:
(i) Five persons who represent recreation users
and that include, as appropriate, persons representing
the following:
(I) Winter motorized recreation, such as
snowmobiling.
(II) Winter non-motorized recreation, such as
snowshoeing, cross country and down hill skiing,
and snowboarding.
(III) Summer motorized recreation, such as
motorcycles, boaters, and off-highway vehicles.
(IV) Summer nonmotorized recreation, such
as 
backpacking, 
horseback 
riding, 
mountain
biking, canoeing, and rafting.
Deadline.
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118 STAT. 3384
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(V) Hunting and fishing.
(ii) Three persons who represent interest groups
that include, as appropriate, the following:
(I) Motorized outfitters and guides.
(II) Non-motorized outfitters and guides.
(III) Local environmental groups.
(iii) Three persons, as follows:
(I) State tourism official to represent the State.
(II) A person who represents affected Indian
tribes.
(III) A person who represents affected local
government interests.
(6) TERM.—
(A) LENGTH
OF
TERM.—The Secretary shall appoint
the members of a Recreation Resource Advisory Committee
for staggered terms of 2 and 3 years beginning on the
date that the members are first appointed. The Secretary
may reappoint members to subsequent 2- or 3-year terms.
(B) EFFECT OF VACANCY.—The Secretary shall make
appointments to fill a vacancy on a Recreation Resource
Advisory Committee as soon as practicable after the
vacancy has occurred.
(C) EFFECT OF UNEXPECTED VACANCY.—Where an unex-
pected vacancy occurs, the Governor and the designated
county officials from each county in the relevant State
shall provide the Secretary with a list of nominations in
the relevant category, as described under paragraph (5)(D),
not later than two months after notification of the vacancy.
To the extent possible, a vacancy shall be filled in the
same category and term in which the original appointment
was made.
(7) CHAIRPERSON.—The chairperson of a Recreation
Resource Advisory Committee shall be selected by the majority
vote of the members of the Committee.
(8) QUORUM.—Eight members shall constitute a quorum.
A quorum must be present to constitute an official meeting
of a Recreation Resource Advisory Committee.
(9) 
APPROVAL
PROCEDURES.—A 
Recreation 
Resource
Advisory Committee shall establish procedures for making rec-
ommendations to the Secretary. A recommendation may be
submitted to the Secretary only if the recommendation is
approved by a majority of the members of the Committee from
each of the categories specified in paragraph (5)(D) and general
public support for the recommendation is documented.
(10) COMPENSATION.—Members of the Recreation Resource
Advisory Committee shall not receive any compensation.
(11) PUBLIC PARTICIPATION IN THE RECREATION RESOURCE
ADVISORY COMMITTEE.—
(A) NOTICE OF MEETINGS.—All meetings of a Recreation
Resource Advisory Committee shall be announced at least
one week in advance in a local newspaper of record and
the Federal Register, and shall be open to the public.
(B) RECORDS.—A Recreation Resource Advisory Com-
mittee shall maintain records of the meetings of the Recre-
ation Resource Advisory Committee and make the records
available for public inspection.
Public
information.
Newspaper,
publication.
Federal Register,
publication.
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PUBLIC LAW 108–447—DEC. 8, 2004
(12) FEDERAL
ADVISORY
COMMITTEE
ACT.—A Recreation
Resource Advisory Committee is subject to the provisions of
the Federal Advisory Committee Act (5 U.S.C. App.).
(e) MISCELLANEOUS ADMINISTRATIVE PROVISIONS REGARDING
RECREATION FEES AND RECREATION PASSES.—
(1) NOTICE OF ENTRANCE FEES, STANDARD AMENITY RECRE-
ATION FEES, AND PASSES.—The Secretary shall post clear notice
of any entrance fee, standard amenity recreation fee, and avail-
able recreation passes at appropriate locations in each unit
or area of a Federal land management agency where an
entrance fee or a standard amenity recreation fee is charged.
The Secretary shall include such notice in publications distrib-
uted at the unit or area.
(2) NOTICE OF RECREATION FEE PROJECTS.—To the extent
practicable, the Secretary shall post clear notice of locations
where work is performed using recreation fee or recreation
pass revenues collected under this Act.
SEC. 805. RECREATION PASSES.
(a) AMERICA THE BEAUTIFUL—THE NATIONAL PARKS AND FED-
ERAL RECREATIONAL LANDS PASS.—
(1) AVAILABILITY AND USE.—The Secretaries shall establish,
and may charge a fee for, an interagency national pass to
be known as the ‘‘America the Beautiful—the National Parks
and Federal Recreational Lands Pass’’, which shall cover the
entrance fee and standard amenity recreation fee for all Federal
recreational lands and waters for which an entrance fee or
a standard amenity recreation fee is charged.
(2) IMAGE COMPETITION FOR RECREATION PASS.—The Secre-
taries shall hold an annual competition to select the image
to be used on the National Parks and Federal Recreational
Lands Pass for a year. The competition shall be open to the
public and used as a means to educate the American people
about Federal recreational lands and waters.
(3) NOTICE OF ESTABLISHMENT.—The Secretaries shall pub-
lish a notice in the Federal Register when the National Parks
and Federal Recreational Lands Pass is first established and
available for purchase.
(4) DURATION.—The National Parks and Federal Rec-
reational Lands Pass shall be valid for a period of 12 months
from the date of the issuance of the recreation pass to a
passholder, except in the case of the age and disability dis-
counted passes issued under subsection (b).
(5) PRICE.—The Secretaries shall establish the price at
which the National Parks and Federal Recreational Lands Pass
will be sold to the public.
(6) SALES LOCATIONS AND MARKETING.—
(A) IN GENERAL.—The Secretary shall sell the National
Parks and Federal Recreational Lands Pass at all Federal
recreational lands and waters at which an entrance fee
or a standard amenity recreation fee is charged and at
such other locations as the Secretaries consider appropriate
and feasible.
(B) USE OF VENDORS.—The Secretary may enter into
fee management agreements as provided in section 6.
Federal Register,
publication.
16 USC 6804.
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(C) MARKETING.—The Secretaries shall take such
actions as are appropriate to provide for the active mar-
keting of the National Parks and Federal Recreational
Lands Pass.
(7) ADMINISTRATIVE
GUIDELINES.—The Secretaries shall
issue guidelines on administration of the National Parks and
Federal Recreational Lands Pass, which shall include agree-
ment on price, the distribution of revenues between the Federal
land management agencies, the sharing of costs, benefits pro-
vided, marketing and design, adequate documentation for age
and disability discounts under subsection (b), and the issuance
of that recreation pass to volunteers. The Secretaries shall
take into consideration all relevant visitor and sales data avail-
able in establishing the guidelines.
(8) DEVELOPMENT
AND
IMPLEMENTATION
AGREEMENTS.—
The Secretaries may enter into cooperative agreements with
governmental and nongovernmental entities for the develop-
ment and implementation of the National Parks and Federal
Recreational Lands Pass Program.
(9) PROHIBITION ON OTHER NATIONAL RECREATION PASSES.—
The Secretary may not establish any national recreation pass,
except as provided in this section.
(b) DISCOUNTED PASSES.—
(1) AGE DISCOUNT.—The Secretary shall make the National
Parks and Federal Recreational Lands Pass available, at a
cost of $10.00, to any United States citizen or person domiciled
in the United States who is 62 years of age or older, if the
citizen or person provides adequate proof of such age and
such citizenship or residency. The National Parks and Federal
Recreational Lands Pass made available under this subsection
shall be valid for the lifetime of the pass holder.
(2) DISABILITY DISCOUNT.—The Secretary shall make the
National Parks and Federal Recreational Lands Pass available,
without charge, to any United States citizen or person domiciled
in the United States who has been medically determined to
be permanently disabled for purposes of section 7(20)(B)(i) of
the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the
citizen or person provides adequate proof of the disability and
such citizenship or residency. The National Parks and Federal
Recreational Lands Pass made available under this subsection
shall be valid for the lifetime of the passholder.
(c) SITE-SPECIFIC AGENCY PASSES.—The Secretary may estab-
lish and charge a fee for a site-specific pass that will cover the
entrance fee or standard amenity recreation fee for particular Fed-
eral recreational lands and waters for a specified period not to
exceed 12 months.
(d) REGIONAL MULTIENTITY PASSES.—
(1) PASSES AUTHORIZED.—The Secretary may establish and
charge a fee for a regional multientity pass that will be accepted
by one or more Federal land management agencies or by one
or more governmental or nongovernmental entities for a speci-
fied period not to exceed 12 months. To include a Federal
land management agency or governmental or nongovernmental
entity over which the Secretary does not have jurisdiction,
the Secretary shall obtain the consent of the head of such
agency or entity.
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PUBLIC LAW 108–447—DEC. 8, 2004
(2) REGIONAL MULTIENTITY PASS AGREEMENT.—In order to
establish a regional multientity pass under this subsection,
the Secretary shall enter into a regional multientity pass agree-
ment with all the participating agencies or entities on price,
the distribution of revenues between participating agencies or
entities, the sharing of costs, benefits provided, marketing and
design, and the issuance of the pass to volunteers. The Sec-
retary shall take into consideration all relevant visitor and
sales data available when entering into this agreement.
(e) DISCOUNTED OR FREE ADMISSION DAYS OR USE.—The Sec-
retary may provide for a discounted or free admission day or use
of Federal recreational lands and waters.
(f) EFFECT ON EXISTING PASSPORTS AND PERMITS.—
(1) EXISTING PASSPORTS.—A passport issued under section
4 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a) or title VI of the National Parks Omnibus
Management Act of 1998 (Public Law 105–391; 16 U.S.C. 5991–
5995), such as the Golden Eagle Passport, the Golden Age
Passport, the Golden Access Passport, and the National Parks
Passport, that was valid on the day before the publication
of the Federal Register notice required under subsection (a)(3)
shall be valid in accordance with the terms agreed to at the
time of issuance of the passport, to the extent practicable,
and remain in effect until expired, lost, or stolen.
(2) PERMITS.—A permit issued under section 4 of the Land
and Water Conservation Fund Act of 1965 that was valid
on the day before the date of the enactment of this Act shall
be valid and remain in effect until expired, revoked, or sus-
pended.
SEC. 806. COOPERATIVE AGREEMENTS.
(a) FEE MANAGEMENT AGREEMENT.—Notwithstanding chapter
63 of title 31, United States Code, the Secretary may enter into
a fee management agreement, including a contract, which may
provide for a reasonable commission, reimbursement, or discount,
with the following entities for the following purposes:
(1) With any governmental or nongovernmental entity,
including those in a gateway community, for the purpose of
obtaining fee collection and processing services, including visitor
reservation services.
(2) With any governmental or nongovernmental entity,
including those in a gateway community, for the purpose of
obtaining emergency medical services.
(3) With any governmental entity, including those in a
gateway community, to obtain law enforcement services.
(b) REVENUE SHARING.—A State or legal subdivision of a State
that enters into an agreement with the Secretary under subsection
(a) may share in a percentage of the revenues collected at the
site in accordance with that fee management agreement.
(c) COUNTY PROPOSALS.—The Secretary shall consider any pro-
posal submitted by a county to provide services described in sub-
section (a). If the Secretary decides not to enter into a fee manage-
ment agreement with the county under subsection (a), the Secretary
shall notify the county in writing of the decision, identifying the
reasons for the decision. The fee management agreement may
include cooperative site planning and management provisions.
16 USC 6805.
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118 STAT. 3388
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 807. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVE-
NUES.
(a) SPECIAL ACCOUNT.—The Secretary of the Treasury shall
establish a special account in the Treasury for each Federal land
management agency.
(b) DEPOSITS.—Subject to subsections (c), (d), and (e), revenues
collected by each Federal land management agency under this
Act shall—
(1) be deposited in its special account; and
(2) remain available for expenditure, without further appro-
priation, until expended.
(c) DISTRIBUTION
OF
RECREATION
FEES
AND
SINGLE-SITE
AGENCY PASS REVENUES.—
(1) LOCAL DISTRIBUTION OF FUNDS.—
(A) RETENTION OF REVENUES.—Not less than 80 per-
cent of the recreation fees and site-specific agency pass
revenues collected at a specific unit or area of a Federal
land management agency shall remain available for
expenditure, without further appropriation, until expended
at that unit or area.
(B) REDUCTION.—The Secretary may reduce the
percentage allocation otherwise applicable under subpara-
graph (A) to a unit or area of a Federal land management
agency, but not below 60 percent, for a fiscal year if the
Secretary determines that the revenues collected at the
unit or area exceed the reasonable needs of the unit or
area for which expenditures may be made for that fiscal
year.
(2) AGENCY-WIDE
DISTRIBUTION
OF
FUNDS.—The balance
of the recreation fees and site-specific agency pass revenues
collected at a specific unit or area of a Federal land manage-
ment and not distributed in accordance with paragraph (1)
shall remain available to that Federal land management agency
for expenditure on an agency-wide basis, without further appro-
priation, until expended.
(3) OTHER
AMOUNTS.—Other amounts collected at other
locations, including recreation fees collected by other entities
or for a reservation service, shall remain available, without
further appropriation, until expended in accordance with guide-
lines established by the Secretary.
(d) DISTRIBUTION
OF NATIONAL PARKS
AND FEDERAL REC-
REATIONAL LANDS PASS REVENUES.—Revenues collected from the
sale of the National Parks and Federal Recreational Lands Pass
shall be deposited in the special accounts established for the Federal
land management agencies in accordance with the guidelines issued
under section 5(a)(7).
(e) DISTRIBUTION OF REGIONAL MULTIENTITY PASS REVENUES.—
Revenues collected from the sale of a regional multientity pass
authorized under section 5(d) shall be deposited in each partici-
pating Federal land management agency’s special account in accord-
ance with the terms of the region multientity pass agreement
for the regional multientity pass.
SEC. 808. EXPENDITURES.
(a) USE OF FEES AT SPECIFIC SITE OR AREA.—Amounts available
for expenditure at a specific site or area—
16 USC 6807.
16 USC 6806.
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118 STAT. 3389
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(1) shall be accounted for separately from the amounts
collected;
(2) may be distributed agency-wide; and
(3) shall be used only for—
(A) repair, maintenance, and facility enhancement
related directly to visitor enjoyment, visitor access, and
health and safety;
(B) interpretation, visitor information, visitor service,
visitor needs assessments, and signs;
(C) habitat restoration directly related to wildlife-
dependent recreation that is limited to hunting, fishing,
wildlife observation, or photography;
(D) law enforcement related to public use and recre-
ation;
(E) direct operating or capital costs associated with
the recreation fee program; and
(F) a fee management agreement established under
section 6(a) or a visitor reservation service.
(b) LIMITATION ON USE OF FEES.—The Secretary may not use
any recreation fees for biological monitoring on Federal recreational
lands and waters under the Endangered Species Act of 1973 for
listed or candidate species.
(c) ADMINISTRATION, OVERHEAD, AND INDIRECT COSTS.—The
Secretary may use not more than an average of 15 percent of
total revenues collected under this Act for administration, overhead,
and indirect costs related to the recreation fee program by that
Secretary.
(d) TRANSITIONAL
EXCEPTION.—Notwithstanding any other
provision of this Act, the Secretary may use amounts available
in the special account of a Federal land management agency to
supplement administration and marketing costs associated with—
(1) the National Parks and Federal Recreational Lands
Pass during the 5-year period beginning on the date the joint
guidelines are issued under section 5(a)(7); and
(2) a regional multientity pass authorized section 5(d)
during the 5-year period beginning on the date the regional
multientity pass agreement for that recreation pass takes effect.
SEC. 809. REPORTS.
Not later than May 1, 2006, and every 3 years thereafter,
the Secretary shall submit to Congress a report detailing the status
of the recreation fee program conducted for Federal recreational
lands and waters, including an evaluation of the recreation fee
program, examples of projects that were funded using such fees,
and future projects and programs for funding with fees, and con-
taining any recommendations for changes in the overall fee system.
SEC. 810. SUNSET PROVISION.
The authority of the Secretary to carry out this Act shall
terminate 10 years after the date of the enactment of this Act.
SEC. 811. VOLUNTEERS.
(a) AUTHORITY TO USE VOLUNTEERS.—The Secretary may use
volunteers, as appropriate, to collect recreation fees and sell recre-
ation passes.
(b) WAIVER
OR DISCOUNT
OF FEES; SITE-SPECIFIC AGENCY
PASS.—In exchange for volunteer services, the Secretary may waive
or discount an entrance fee, standard amenity recreation fee, or
16 USC 6810.
16 USC 6809.
16 USC 6808.
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118 STAT. 3390
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an expanded amenity recreation fee that would otherwise apply
to the volunteer or issue to the volunteer a site-specific agency
pass authorized under section 5(c).
(c) NATIONAL
PARKS
AND
FEDERAL
RECREATIONAL
LANDS
PASS.—In accordance with the guidelines issued under section
5(a)(7), the Secretaries may issue a National Parks and Federal
Recreational Lands Pass to a volunteer in exchange for significant
volunteer services performed by the volunteer.
(d) REGIONAL MULTIENTITY PASSES.—The Secretary may issue
a regional multientity pass authorized under section 5(d) to a volun-
teer in exchange for significant volunteer services performed by
the volunteer, if the regional multientity pass agreement under
which the regional multientity pass was established provides for
the issuance of the pass to volunteers.
SEC. 812. ENFORCEMENT AND PROTECTION OF RECEIPTS.
(a) ENFORCEMENT AUTHORITY.—The Secretary concerned shall
enforce payment of the recreation fees authorized by this Act.
(b) EVIDENCE OF NONPAYMENT.—If the display of proof of pay-
ment of a recreation fee, or the payment of a recreation fee within
a certain time period is required, failure to display such proof
as required or to pay the recreation fee within the time period
specified shall constitute nonpayment.
(c) JOINT LIABILITY.—The registered owner and any occupant
of a vehicle charged with a nonpayment violation involving the
vehicle shall be jointly liable for penalties imposed under this
section, unless the registered owner can show that the vehicle
was used without the registered owner’s express or implied permis-
sion.
(d) LIMITATION ON PENALTIES.—The failure to pay a recreation
fee established under this Act shall be punishable as a Class A
or Class B misdemeanor, except that in the case of a first offense
of nonpayment, the fine imposed may not exceed $100, notwith-
standing section 3571(e) of title 18, United States Code.
SEC. 813. REPEAL OF SUPERSEDED ADMISSION AND USE FEE
AUTHORITIES.
(a) LAND AND WATER CONSERVATION FUND ACT.—Subsections
(a), (b), (c), (d), (e), (f), (g), and (i) of section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a et seq.)
are repealed, except that the Secretary may continue to issue Golden
Eagle Passports, Golden Age Passports, and Golden Access Pass-
ports under such section until the date the notice required by
section 5(a)(3) is published in the Federal Register regarding the
establishment of the National Parks and Federal Recreational
Lands Pass.
(b) RECREATIONAL FEE DEMONSTRATION PROGRAM.—Section 315
of the Department of the Interior and Related Agencies Appropria-
tions Act, 1996 (as contained in section 101(c) of Public Law 104–
134; 16 U.S.C. 460l–6a), is repealed.
(c) ADMISSION PERMITS FOR REFUGE UNITS.—Section 201 of
the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911)
is repealed.
(d) NATIONAL
PARK
PASSPORT, GOLDEN
EAGLE
PASSPORT,
GOLDEN AGE PASSPORT, AND GOLDEN ACCESS PASSPORT.—Effective
on the date the notice required by section 5(a)(3) is published
in the Federal Register, the following provisions of law authorizing
the establishment of a national park passport program or the
Effective date.
16 USC 460l–6a.
16 USC 460l–6a.
Federal Register,
publication.
16 USC 6812.
16 USC 6811.
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establishment and sale of a national park passport, Golden Eagle
Passport, Golden Age Passport, or Golden Access Passport are
repealed:
(1) Section 502 of the National Parks Omnibus Manage-
ment Act of 1998 (Public Law 105–391; 16 U.S.C. 5982).
(2) Title VI of the National Parks Omnibus Management
Act of 1998 (Public Law 105–391; 16 U.S.C. 5991–5995).
(e) TREATMENT OF UNOBLIGATED FUNDS.—
(1) LAND
AND
WATER
CONSERVATION
FUND
SPECIAL
ACCOUNTS.—Amounts in the special accounts established under
section 4(i)(1) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l–6a(i)(1)) for Federal land management
agencies that are unobligated on the date of the enactment
of this Act shall be transferred to the appropriate special
account established under section 7 and shall be available
to the Secretary in accordance with this Act. A special account
established under section 4(i)(1) of the Land and Water Con-
servation Fund Act of 1965 for a Federal agency that is not
a Federal land management area, and the use of such special
account, is not affected by the repeal of section 4 of the Land
and Water Conservation Fund Act of 1965 by subsection (a)
of this section.
(2) NATIONAL PARKS PASSPORT.—Any funds collected under
title VI of the National Parks Omnibus Management Act of
1998 (Public Law 105–391; 16 U.S.C. 5991–5995) that are
unobligated on the day before the publication of the Federal
Register notice required under section 5(a)(3) shall be trans-
ferred to the special account of the National Park Service
for use in accordance with this Act. The Secretary of the Interior
may use amounts available in that special account to pay
any outstanding administration, marketing, or close-out costs
associated with the national parks passport.
(3) RECREATIONAL
FEE
DEMONSTRATION
PROGRAM.—Any
funds collected in accordance with section 315 of the Depart-
ment of the Interior and Related Agencies Appropriations Act,
1996 (as contained in section 101(c) of Public Law 104–134;
16 U.S.C. 460l–6a), that are unobligated on the day before
the date of the enactment of this Act shall be transferred
to the appropriate special account and shall be available to
the Secretary in accordance with this Act.
(4) ADMISSION PERMITS FOR REFUGE UNITS.—Any funds col-
lected in accordance with section 201 of the Emergency Wet-
lands Resources Act of 1986 (16 U.S.C. 3911) that are available
as provided in subsection (c)(A) of such section and are unobli-
gated on the day before the date of the enactment of this
Act shall be transferred to the special account of the United
States Fish and Wildlife Service for use in accordance with
this Act.
(f) EFFECT
OF REGULATIONS.—A regulation or policy issued
under a provision of law repealed by this section shall remain
in effect to the extent such a regulation or policy is consistent
with the provisions of this Act until the Secretary issues a regula-
tion, guideline, or policy under this Act that supersedes the earlier
regulation.
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PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 814. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORI-
TIES.
(a) FEDERAL AND STATE LAWS UNAFFECTED.—Nothing in this
Act shall authorize Federal hunting or fishing licenses or fees
or charges for commercial or other activities not related to recre-
ation, affect any rights or authority of the States with respect
to fish and wildlife, or repeal or modify any provision of law that
permits States or political subdivisions of States to share in the
revenues from Federal lands or, except as provided in subsection
(b), any provision of law that provides that any fees or charges
collected at particular Federal areas be used for or credited to
specific purposes or special funds as authorized by that provision
of law.
(b) RELATION TO REVENUE ALLOCATION LAWS.—Amounts col-
lected under this Act, and the existence of a fee management
agreement with a governmental entity under section 6(a), may
not be taken into account for the purposes of any of the following
laws:
(1) The sixth paragraph under the heading ‘‘FOREST
SERVICE’’ in the Act of May 23, 1908 (16 U.S.C. 500).
(2) Section 13 of the Act of March 1, 1911 (16 U.S.C.
500; commonly known as the Weeks Act).
(3) The fourteenth paragraph under the heading ‘‘FOREST
SERVICE’’ in the Act of March 4, 1913 (16 U.S.C. 501).
(4) Section 33 of the Bankhead-Jones Farm Tenant Act
(7 U.S.C. 1012).
(5) Title II of the Act of August 8, 1937, and the Act
of May 24, 1939 (43 U.S.C. 1181f et seq.).
(6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869–
4).
(7) Chapter 69 of title 31, United States Code.
(8) Section 401 of the Act of June 15, 1935 (16 U.S.C.
715s; commonly known as the Refuge Revenue Sharing Act).
(9) The Secure Rural Schools and Community Self-Deter-
mination Act of 2000 (Public Law 106–393; 16 U.S.C. 500
note), except that the exception made for such Act by this
subsection is unique and is not intended to be construed as
precedent for amounts collected from the use of Federal lands
under any other provision of law.
(10) Section 2 of the Boulder Canyon Project Adjustment
Act (43 U.S.C. 618a).
(11) The Federal Water Project Recreation Act (16 U.S.C.
460l–12 et seq.).
(12) The first section of the Act of June 17, 1902, as
amended or supplemented (43 U.S.C. 391).
(13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.;
commonly known as the Mineral Leasing Act).
(14) Section 4(e) of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105–263; 31 U.S.C. 6901
note).
(15) Section 5(a) of the Lincoln County Land Act of 2000
(Public Law 106–298; 114 Stat. 1047).
(16) Any other provision of law relating to revenue alloca-
tion.
(c) CONSIDERATION
OF OTHER FUNDS COLLECTED.—Amounts
collected under any other law may not be disbursed under this
Act.
16 USC 6813.
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118 STAT. 3393
PUBLIC LAW 108–447—DEC. 8, 2004
(d) SOLE RECREATION FEE AUTHORITY.—Recreation fees charged
under this Act shall be in lieu of fees charged for the same purposes
under any other provision of law.
(e) FEES CHARGED BY THIRD PARTIES.—Notwithstanding any
other provision of this Act, a third party may charge a fee for
providing a good or service to a visitor of a unit or area of the
Federal land management agencies in accordance with any other
applicable law or regulation.
(f) MIGRATORY BIRD HUNTING STAMP ACT.—Revenues from the
stamp established under the Act of March 16, 1934 (16 U.S.C.
718 et seq.; commonly known as the Migratory Bird Hunting Stamp
Act or Duck Stamp Act), shall not be covered by this Act.
SEC. 815. LIMITATION ON USE OF FEES FOR EMPLOYEE BONUSES.
Notwithstanding any other provision of law, fees collected under
the authorities of the Act may not be used for employee bonuses.
TITLE IX—SATELLITE HOME VIEWER EXTENSION AND
REAUTHORIZATION ACT OF 2004
SECTION 1. SHORT TITLES; TABLE OF CONTENTS.
(a) SHORT TITLES.—This title may be cited as the ‘‘Satellite
Home Viewer Extension and Reauthorization Act of 2004’’ or the
‘‘W. J. (Billy) Tauzin Satellite Television Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short titles; table of contents.
TITLE I—STATUTORY LICENSE FOR SATELLITE CARRIERS
Sec. 101. Extension of authority.
Sec. 102. Reporting of subscribers; significantly viewed and other signals; technical
amendments.
Sec. 103. Statutory license for satellite carriers outside local markets.
Sec. 104. Statutory license for satellite retransmission of low power television sta-
tions.
Sec. 105. Definitions.
Sec. 106. Effect on certain proceedings.
Sec. 107. Statutory license for satellite carriers retransmitting superstation signals
to commercial establishments.
Sec. 108. Expedited consideration of voluntary agreements to provide satellite sec-
ondary transmissions to local markets.
Sec. 109. Study.
Sec. 110. Additional study.
Sec. 111. Special rules.
Sec. 112. Technical amendment.
TITLE II—FEDERAL COMMUNICATIONS COMMISSION OPERATIONS
Sec. 201. Extension of retransmission consent exemption.
Sec. 202. Cable/satellite comparability.
Sec. 203. Carriage of local stations on a single dish.
Sec. 204. Replacement of distant signals with local signals.
Sec. 205. Additional notices to subscribers, networks, and stations concerning sig-
nal carriage.
Sec. 206. Privacy rights of satellite subscribers.
Sec. 207. Reciprocal bargaining obligations.
Sec. 208. Study of impact on cable television service.
Sec. 209. Reduction of required tests.
Sec. 210. Satellite carriage of television stations in noncontiguous States.
Sec. 211. Carriage of television signals to certain subscribers.
Sec. 212. Digital transition savings provision.
Sec. 213. Authorizing broadcast service in unserved areas of Alaska.
17 USC 101 note.
Satellite Home
Viewer Extension
and
Reauthorization
Act of 2004.
16 USC 6814.
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118 STAT. 3394
PUBLIC LAW 108–447—DEC. 8, 2004
TITLE I—STATUTORY LICENSE FOR
SATELLITE CARRIERS
SEC. 101. EXTENSION OF AUTHORITY.
(a) IN GENERAL.—Section 4(a) of the Satellite Home Viewer
Act of 1994 (17 U.S.C. 119 note; Public Law 103–369; 108 Stat.
3481) is amended by striking ‘‘December 31, 2004’’ and inserting
‘‘December 31, 2009’’.
(b) EXTENSION FOR CERTAIN SUBSCRIBERS.—Section 119(e) of
title 17, United States Code, is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2009’’.
SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND
OTHER SIGNALS; TECHNICAL AMENDMENTS.
Section 119(a) of title 17, United States Code, is amended—
(1) in paragraph (1)—
(A) in the paragraph heading, by striking ‘‘AND PBS
SATELLITE FEED’’;
(B) in the first sentence, by striking ‘‘(3), (4), and
(6)’’ and inserting ‘‘(5), (6), and (8)’’;
(C) in the first sentence, by striking ‘‘or by the Public
Broadcasting Service satellite feed’’; and
(D) by striking the second sentence;
(2) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘(3), (4), (5), and
(6)’’ and inserting ‘‘(5), (6), (7), and (8)’’; and
(B) by striking subparagraph (C) and inserting the
following:
‘‘(C) EXCEPTIONS.—
‘‘(i) STATES
WITH
SINGLE
FULL-POWER
NETWORK
STATION.—In a State in which there is licensed by
the Federal Communications Commission a single full-
power station that was a network station on January
1, 1995, the statutory license provided for in subpara-
graph (A) shall apply to the secondary transmission
by a satellite carrier of the primary transmission of
that station to any subscriber in a community that
is located within that State and that is not within
the first 50 television markets as listed in the regula-
tions of the Commission as in effect on such date
(47 CFR 76.51).
‘‘(ii) STATES
WITH
ALL
NETWORK
STATIONS
AND
SUPERSTATIONS IN SAME LOCAL MARKET.—In a State
in which all network stations and superstations
licensed by the Federal Communications Commission
within that State as of January 1, 1995, are assigned
to the same local market and that local market does
not encompass all counties of that State, the statutory
license provided under subparagraph (A) shall apply
to the secondary transmission by a satellite carrier
of the primary transmissions of such station to all
subscribers in the State who reside in a local market
that is within the first 50 major television markets
as listed in the regulations of the Commission as in
effect on such date (section 76.51 of title 47 of the
Code of Federal Regulations).
Applicability.
Applicability.
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118 STAT. 3395
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(iii) ADDITIONAL STATIONS.—In the case of that
State in which are located 4 counties that—
‘‘(I) on January 1, 2004, were in local markets
principally comprised of counties in another State,
and
‘‘(II) had a combined total of 41,340 television
households, according to the U.S. Television
Household Estimates by Nielsen Media Research
for 2004,
the statutory license provided under subparagraph (A)
shall apply to secondary transmissions by a satellite
carrier to subscribers in any such county of the primary
transmissions of any network station located in that
State, if the satellite carrier was making such sec-
ondary transmissions to any subscribers in that county
on January 1, 2004.
‘‘(iv) CERTAIN ADDITIONAL STATIONS.—If 2 adjacent
counties in a single State are in a local market com-
prised principally of counties located in another State,
the statutory license provided for in subparagraph (A)
shall apply to the secondary transmission by a satellite
carrier to subscribers in those 2 counties of the primary
transmissions of any network station located in the
capital of the State in which such 2 counties are
located, if—
‘‘(I) the 2 counties are located in a local market
that is in the top 100 markets for the year 2003
according to Nielsen Media Research; and
‘‘(II) the total number of television households
in the 2 counties combined did not exceed 10,000
for the year 2003 according to Nielsen Media
Research.
‘‘(v) APPLICABILITY OF ROYALTY RATES.—The roy-
alty rates under subsection (b)(1)(B) apply to the sec-
ondary transmissions to which the statutory license
under subparagraph (A) applies under clauses (i), (ii),
(iii), and (iv).
‘‘(D) SUBMISSION OF SUBSCRIBER LISTS TO NETWORKS.—
‘‘(i) INITIAL LISTS.—A satellite carrier that makes
secondary transmissions of a primary transmission
made by a network station pursuant to subparagraph
(A) shall, 90 days after commencing such secondary
transmissions, submit to the network that owns or
is affiliated with the network station—
‘‘(I) a list identifying (by name and address,
including street or rural route number, city, State,
and zip code) all subscribers to which the satellite
carrier makes secondary transmissions of that pri-
mary transmission to subscribers in unserved
households; and
‘‘(II) a separate list, aggregated by designated
market area (as defined in section 122(j)) (by name
and address, including street or rural route
number, city, State, and zip code), which shall
indicate those subscribers being served pursuant
to paragraph (3), relating to significantly viewed
stations.
Deadline.
Applicability.
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118 STAT. 3396
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(ii) MONTHLY LISTS.—After the submission of the
initial lists under clause (i), on the 15th of each month,
the satellite carrier shall submit to the network—
‘‘(I) a list identifying (by name and address,
including street or rural route number, city, State,
and zip code) any persons who have been added
or dropped as subscribers under clause (i)(I) since
the last submission under clause (i); and
‘‘(II) a separate list, aggregated by designated
market area (by name and street address,
including street or rural route number, city, State,
and zip code), identifying those subscribers whose
service pursuant to paragraph (3), relating to
significantly viewed stations, has been added or
dropped.
‘‘(iii) USE
OF
SUBSCRIBER
INFORMATION.—Sub-
scriber information submitted by a satellite carrier
under this subparagraph may be used only for purposes
of monitoring compliance by the satellite carrier with
this subsection.
‘‘(iv) 
APPLICABILITY.—The 
submission 
require-
ments of this subparagraph shall apply to a satellite
carrier only if the network to which the submissions
are to be made places on file with the Register of
Copyrights a document identifying the name and
address of the person to whom such submissions are
to be made. The Register shall maintain for public
inspection a file of all such documents.’’;
(3) by striking paragraph (8);
(4) by redesignating paragraphs (9) through (12) as para-
graphs (10) through (13), respectively;
(5) by redesignating paragraphs (3) through (7) as para-
graphs (5) through (9), respectively;
(6) by inserting after paragraph (2) the following:
‘‘(3) SECONDARY TRANSMISSIONS OF SIGNIFICANTLY VIEWED
SIGNALS.—
‘‘(A) IN GENERAL.—Notwithstanding the provisions of
paragraph (2)(B), and subject to subparagraph (B) of this
paragraph, the statutory license provided for in paragraphs
(1) and (2) shall apply to the secondary transmission of
the primary transmission of a network station or a super-
station to a subscriber who resides outside the station’s
local market (as defined in section 122(j)) but within a
community in which the signal has been determined by
the Federal Communications Commission, to be signifi-
cantly viewed in such community, pursuant to the rules,
regulations, and authorizations of the Federal Communica-
tions Commission in effect on April 15, 1976, applicable
to determining with respect to a cable system whether
signals are significantly viewed in a community.
‘‘(B) LIMITATION.—Subparagraph (A) shall apply only
to secondary transmissions of the primary transmissions
of network stations and superstations to subscribers who
receive secondary transmissions from a satellite carrier
pursuant to the statutory license under section 122.
‘‘(C) WAIVER.—
Applicability.
Applicability.
Public
information.
Records.
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118 STAT. 3397
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(i) IN GENERAL.—A subscriber who is denied the
secondary transmission of the primary transmission
of a network station under subparagraph (B) may
request a waiver from such denial by submitting a
request, through the subscriber’s satellite carrier, to
the network station in the local market affiliated with
the same network where the subscriber is located.
The network station shall accept or reject the sub-
scriber’s request for a waiver within 30 days after
receipt of the request. If the network station fails to
accept or reject the subscriber’s request for a waiver
within that 30-day period, that network station shall
be deemed to agree to the waiver request. Unless
specifically stated by the network station, a waiver
that was granted before the date of the enactment
of the Satellite Home Viewer Extension and Reauthor-
ization Act of 2004 under section 339(c)(2) of the
Communications Act of 1934 shall not constitute a
waiver for purposes of this subparagraph.
‘‘(ii) SUNSET.—The authority under clause (i) to
grant waivers shall terminate on December 31, 2008,
and any such waiver in effect shall terminate on that
date.’’;
(7) in paragraph (2)(B)(i), by adding at the end the following
new sentence: ‘‘The limitation in this clause shall not apply
to secondary transmissions under paragraph (3).’’.
SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE
LOCAL MARKETS.
Section 119 of title 17, United States Code, is amended as
follows:
(1) Subsection (a) is amended by inserting after paragraph
(3), as added by section 102 of this Act, the following:
‘‘(4) STATUTORY
LICENSE
WHERE
RETRANSMISSIONS
INTO
LOCAL MARKET AVAILABLE.—
‘‘(A) RULES
FOR
SUBSCRIBERS
TO
ANALOG
SIGNALS
UNDER SUBSECTION (e).—
‘‘(i) FOR THOSE RECEIVING DISTANT ANALOG SIG-
NALS.—In the case of a subscriber of a satellite carrier
who is eligible to receive the secondary transmission
of the primary analog transmission of a network station
solely by reason of subsection (e) (in this subparagraph
referred to as a ‘distant analog signal’), and who, as
of October 1, 2004, is receiving the distant analog
signal of that network station, the following shall
apply:
‘‘(I) In a case in which the satellite carrier
makes available to the subscriber the secondary
transmission of the primary analog transmission
of a local network station affiliated with the same
television network pursuant to the statutory
license under section 122, the statutory license
under paragraph (2) shall apply only to secondary
transmissions by that satellite carrier to that sub-
scriber of the distant analog signal of a station
affiliated with the same television network—
Applicability.
Deadlines.
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118 STAT. 3398
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(aa) if, within 60 days after receiving the
notice of the satellite carrier under section
338(h)(1) of the Communications Act of 1934,
the subscriber elects to retain the distant ana-
log signal; but
‘‘(bb) only until such time as the sub-
scriber elects to receive such local analog
signal.
‘‘(II) Notwithstanding subclause (I), the statu-
tory license under paragraph (2) shall not apply
with respect to any subscriber who is eligible to
receive the distant analog signal of a television
network station solely by reason of subsection (e),
unless the satellite carrier, within 60 days after
the date of the enactment of the Satellite Home
Viewer Extension and Reauthorization Act of 2004,
submits to that television network a list, aggre-
gated by designated market area (as defined in
section 122(j)(2)(C)), that—
‘‘(aa) identifies that subscriber by name
and address (street or rural route number,
city, State, and zip code) and specifies the
distant analog signals received by the sub-
scriber; and
‘‘(bb) states, to the best of the satellite
carrier’s knowledge and belief, after having
made diligent and good faith inquiries, that
the subscriber is eligible under subsection (e)
to receive the distant analog signals.
‘‘(ii) FOR THOSE NOT RECEIVING DISTANT ANALOG
SIGNALS.—In the case of any subscriber of a satellite
carrier who is eligible to receive the distant analog
signal of a network station solely by reason of sub-
section (e) and who did not receive a distant analog
signal of a station affiliated with the same network
on October 1, 2004, the statutory license under para-
graph (2) shall not apply to secondary transmissions
by that satellite carrier to that subscriber of the distant
analog signal of a station affiliated with the same
network.
‘‘(B) RULES FOR OTHER SUBSCRIBERS.—In the case of
a subscriber of a satellite carrier who is eligible to receive
the secondary transmission of the primary analog trans-
mission of a network station under the statutory license
under paragraph (2) (in this subparagraph referred to as
a ‘distant analog signal’), other than subscribers to whom
subparagraph (A) applies, the following shall apply:
‘‘(i) In a case in which the satellite carrier makes
available to that subscriber, on January 1, 2005, the
secondary transmission of the primary analog trans-
mission of a local network station affiliated with the
same television network pursuant to the statutory
license under section 122, the statutory license under
paragraph (2) shall apply only to secondary trans-
missions by that satellite carrier to that subscriber
of the distant analog signal of a station affiliated with
the same television network if the subscriber’s satellite
Deadline.
Applicability.
Deadline.
Deadline.
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118 STAT. 3399
PUBLIC LAW 108–447—DEC. 8, 2004
carrier, not later than March 1, 2005, submits to that
television network a list, aggregated by designated
market area (as defined in section 122(j)(2)(C)), that
identifies that subscriber by name and address (street
or rural route number, city, State, and zip code) and
specifies the distant analog signals received by the
subscriber.
‘‘(ii) In a case in which the satellite carrier does
not make available to that subscriber, on January 1,
2005, the secondary transmission of the primary analog
transmission of a local network station affiliated with
the same television network pursuant to the statutory
license under section 122, the statutory license under
paragraph (2) shall apply only to secondary trans-
missions by that satellite carrier of the distant analog
signal of a station affiliated with the same network
to that subscriber if—
‘‘(I) that subscriber seeks to subscribe to such
distant analog signal before the date on which
such carrier commences to provide pursuant to
the statutory license under section 122 the sec-
ondary transmissions of the primary analog trans-
mission of stations from the local market of such
local network station; and
‘‘(II) the satellite carrier, within 60 days after
such date, submits to each television network a
list that identifies each subscriber in that local
market provided such an analog signal by name
and address (street or rural route number, city,
State, and zip code) and specifies the distant ana-
log signals received by the subscriber.
‘‘(C) FUTURE
APPLICABILITY.—The statutory license
under paragraph (2) shall not apply to the secondary trans-
mission by a satellite carrier of a primary analog trans-
mission of a network station to a person who—
‘‘(i) is not a subscriber lawfully receiving such sec-
ondary transmission as of the date of the enactment
of the Satellite Home Viewer Extension and Reauthor-
ization Act of 2004; and
‘‘(ii) at the time such person seeks to subscribe
to receive such secondary transmission, resides in a
local market where the satellite carrier makes avail-
able to that person the secondary transmission of the
primary analog transmission of a local network station
affiliated with the same television network pursuant
to the statutory license under section 122, and such
secondary transmission of such primary transmission
can reach such person.
‘‘(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.—
The statutory license under paragraph (2) shall apply to
secondary transmissions by a satellite carrier to a sub-
scriber of primary digital transmissions of network stations
if such secondary transmissions to such subscriber are
permitted under section 339(a)(2)(D) of the Communica-
tions Act of 1934, as in effect on the day after the date
of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, except that the reference
Applicability.
Deadline.
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118 STAT. 3400
PUBLIC LAW 108–447—DEC. 8, 2004
to section 73.683(a) of title 47, Code of Federal Regulations,
referred to in section 339(a)(2)(D)(i)(I) shall refer to such
section as in effect on the date of the enactment of the
Satellite Home Viewer Extension and Reauthorization Act
of 2004.
‘‘(E) OTHER
PROVISIONS
NOT
AFFECTED.—This para-
graph shall not affect the applicability of the statutory
license to secondary transmissions under paragraph (3)
or to unserved households included under paragraph (12).
‘‘(F) WAIVER.—A subscriber who is denied the sec-
ondary transmission of a network station under subpara-
graph (C) or (D) may request a waiver from such denial
by submitting a request, through the subscriber’s satellite
carrier, to the network station in the local market affiliated
with the same network where the subscriber is located.
The network station shall accept or reject the subscriber’s
request for a waiver within 30 days after receipt of the
request. If the network station fails to accept or reject
the subscriber’s request for a waiver within that 30-day
period, that network station shall be deemed to agree to
the waiver request. Unless specifically stated by the net-
work station, a waiver that was granted before the date
of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004 under section 339(c)(2)
of the Communications Act of 1934 shall not constitute
a waiver for purposes of this subparagraph.
‘‘(G) AVAILABLE DEFINED.—For purposes of this para-
graph, a satellite carrier makes available a secondary
transmission of the primary transmission of a local station
to a subscriber or person if the satellite carrier offers
that secondary transmission to other subscribers who reside
in the same zip code as that subscriber or person.’’.
(2) Subsection (a) is amended by adding at the end the
following:
‘‘(14) WAIVERS.—A subscriber who is denied the secondary
transmission of a signal of a network station under subsection
(a)(2)(B) may request a waiver from such denial by submitting
a request, through the subscriber’s satellite carrier, to the net-
work station asserting that the secondary transmission is
prohibited. The network station shall accept or reject a sub-
scriber’s request for a waiver within 30 days after receipt
of the request. If a television network station fails to accept
or reject a subscriber’s request for a waiver within the 30-
day period after receipt of the request, that station shall be
deemed to agree to the waiver request and have filed such
written waiver. Unless specifically stated by the network sta-
tion, a waiver that was granted before the date of the enactment
of the Satellite Home Viewer Extension and Reauthorization
Act of 2004 under section 339(c)(2) of the Communications
Act of 1934, and that was in effect on such date of enactment,
shall constitute a waiver for purposes of this paragraph.’’.
(3) Subsection (b)(1) is amended by striking subparagraph
(B) and inserting the following:
‘‘(B) a royalty fee for that 6-month period, computed
by multiplying the total number of subscribers receiving
Deadline.
Deadline.
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118 STAT. 3401
PUBLIC LAW 108–447—DEC. 8, 2004
each secondary transmission of each superstation or net-
work station during each calendar month by the appro-
priate rate in effect under this section.’’.
(4) Subsection (b)(1) is further amended by adding at the
end the following flush sentence: ‘‘Notwithstanding the provi-
sions of subparagraph (B), a satellite carrier whose secondary
transmissions are subject to statutory licensing under para-
graph (1) or (2) of subsection (a) shall have no royalty obligation
for secondary transmissions to a subscriber under paragraph
(3) of such subsection.’’.
(5) Subsection (c) is amended to read as follows:
‘‘(c) ADJUSTMENT OF ROYALTY FEES.—
‘‘(1) APPLICABILITY AND DETERMINATION OF ROYALTY FEES
FOR ANALOG SIGNALS.—
‘‘(A) INITIAL FEE.—The appropriate fee for purposes
of determining the royalty fee under subsection (b)(1)(B)
for the secondary transmission of the primary analog trans-
missions of network stations and superstations shall be
the appropriate fee set forth in part 258 of title 37, Code
of Federal Regulations, as in effect on July 1, 2004, as
modified under this paragraph.
‘‘(B) FEE
SET
BY
VOLUNTARY
NEGOTIATION.—On or
before January 2, 2005, the Librarian of Congress shall
cause to be published in the Federal Register of the initi-
ation of voluntary negotiation proceedings for the purpose
of determining the royalty fee to be paid by satellite carriers
for the secondary transmission of the primary analog trans-
mission of network stations and superstations under sub-
section (b)(1)(B).
‘‘(C) NEGOTIATIONS.—Satellite carriers, distributors,
and copyright owners entitled to royalty fees under this
section shall negotiate in good faith in an effort to reach
a voluntary agreement or agreements for the payment of
royalty fees. Any such satellite carriers, distributors and
copyright owners may at any time negotiate and agree
to the royalty fee, and may designate common agents to
negotiate, agree to, or pay such fees. If the parties fail
to identify common agents, the Librarian of Congress shall
do so, after requesting recommendations from the parties
to the negotiation proceeding. The parties to each negotia-
tion proceeding shall bear the cost thereof.
‘‘(D) AGREEMENTS
BINDING
ON
PARTIES; FILING
OF
AGREEMENTS; PUBLIC
NOTICE.—(i) Voluntary agreements
negotiated at any time in accordance with this paragraph
shall be binding upon all satellite carriers, distributors,
and copyright owners that a parties thereto. Copies of
such agreements shall be filed with the Copyright Office
within 30 days after execution in accordance with regula-
tions that the Register of Copyrights shall prescribe.
‘‘(ii)(I) Within 10 days after publication in the Federal
Register of a notice of the initiation of voluntary negotiation
proceedings, parties who have reached a voluntary agree-
ment may request that the royalty fees in that agreement
be applied to all satellite carriers, distributors, and copy-
right owners without convening an arbitration proceeding
pursuant to subparagraph (E).
Federal Register,
publication.
Deadline.
Regulations.
Deadline.
Deadline.
Federal Register,
publication.
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118 STAT. 3402
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(II) Upon receiving a request under subclause (I),
the Librarian of Congress shall immediately provide public
notice of the royalty fees from the voluntary agreement
and afford parties an opportunity to state that they object
to those fees.
‘‘(III) The Librarian shall adopt the royalty fees from
the voluntary agreement for all satellite carriers, distribu-
tors, and copyright owners without convening an arbitra-
tion proceeding unless a party with an intent to participate
in the arbitration proceeding and a significant interest
in the outcome of that proceeding objects under subclause
(II).
‘‘(E) PERIOD AGREEMENT IS IN EFFECT.—The obligation
to pay the royalty fees established under a voluntary agree-
ment which has been filed with the Copyright Office in
accordance with this paragraph shall become effective on
the date specified in the agreement, and shall remain in
effect until December 31, 2009, or in accordance with the
terms of the agreement, whichever is later.
‘‘(F) FEE SET BY COMPULSORY ARBITRATION.—
‘‘(i) NOTICE OF INITIATION OF PROCEEDINGS.—On
or before May 1, 2005, the Librarian of Congress shall
cause notice to be published in the Federal Register
of the initiation of arbitration proceedings for the pur-
pose of determining the royalty fee to be paid for
the secondary transmission of primary analog trans-
mission of network stations and superstations under
subsection (b)(1)(B) by satellite carriers and distribu-
tors
‘‘(I) in the absence of a voluntary agreement
filed in accordance with subparagraph (D) that
establishes royalty fees to be paid by all satellite
carriers and distributors; or
‘‘(II) if an objection to the fees from a voluntary
agreement submitted for adoption by the Librarian
of Congress to apply to all satellite carriers,
distributors, and copyright owners is received
under subparagraph (D) from a party with an
intent to participate in the arbitration proceeding
and a significant interest in the outcome of that
proceeding.
Such arbitrary proceeding shall be conducted under
chapter 8 as in effect on the day before the date of
the enactment of the Copyright Royalty and Distribu-
tion Act of 2004.
‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In deter-
mining royalty fees under this subparagraph, the copy-
right arbitration royalty panel appointed under chapter
8, as in effect on the day before the date of the enact-
ment of the Copyright Royalty and Distribution Act
of 2004 shall establish fees for the secondary trans-
missions of the primary analog transmission of network
stations and superstations that most clearly represent
the fair market value of secondary transmissions,
except that the Librarian of Congress and any copy-
right arbitration royalty panel shall adjust those fees
to account for the obligations of the parties under
Federal Register,
publication.
Deadline.
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118 STAT. 3403
PUBLIC LAW 108–447—DEC. 8, 2004
any applicable voluntary agreement filed with the
Copyright Office pursuant to subparagraph (D). In
determining the fair market value, the panel shall
base its decision on economic, competitive, and
programming information presented by the parties,
including—
‘‘(I) the competitive environment in which such
programming is distributed, the cost of similar
signals in similar private and compulsory license
marketplaces, and any special features and condi-
tions of the retransmission marketplace;
‘‘(II) the economic impact of such fees on copy-
right owners and satellite carriers; and
‘‘(III) the impact on the continued availability
of secondary transmissions to the public.
‘‘(iii) PERIOD DURING WHICH DECISION OF ARBITRA-
TION PANEL OR ORDER OF LIBRARIAN EFFECTIVE.—The
obligation to pay the royalty fee established under
a determination which—
‘‘(I) is made by a copyright arbitration royalty
panel in an arbitration proceeding under this para-
graph and is adopted by the Librarian of Congress
under section 802(f), as in effect on the day before
the date of the enactment of the Copyright Royalty
and Distribution Act of 2004; or
‘‘(II) is established by the Librarian under sec-
tion 802(f) as in effect on the day before such
date of enactment shall be effective as of January
1, 2005.
‘‘(iv) PERSONS SUBJECT TO ROYALTY FEE.—The roy-
alty fee referred to in (iii) shall be binding on all
satellite carriers, distributors and copyright owners,
who are not party to a voluntary agreement filed with
the Copyright Office under subparagraph (D).
‘‘(2) APPLICABILITY AND DETERMINATION OF ROYALTY FEES
FOR DIGITAL SIGNALS.—The process and requirements for estab-
lishing the royalty fee payable under subsection (b)(1)(B) for
the secondary transmission of the primary digital transmissions
of network stations and superstations shall be the same as
that set forth in paragraph (1) for the secondary transmission
of the primary analog transmission of network stations and
superstations, except that—
‘‘(A) the initial fee under paragraph (1)(A) shall be
the rates set forth in section 298.3(b)(1) and (2) of title
37, Code of Federal Regulations, as in effect on the date
of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, reduced by 22.5 percent;
‘‘(B) the notice of initiation of arbitration proceedings
required in paragraph (1)(F)(i) shall be published on or
before December 31, 2005; and
‘‘(C) the royalty fees that are established for the sec-
ondary transmission of the primary digital transmission
of network stations and superstations in accordance with
to the procedures set forth in paragraph (1)(F)(iii) and
are payable under subsection (b)(1)(B)—
‘‘(i) shall be reduced by 22.5 percent; and
Notice.
Deadline.
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118 STAT. 3404
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(ii) shall be adjusted by the Librarian of Congress
on January 1, 2007, and on January 1 of each year
thereafter, to reflect any changes occurring during the
preceding 12 months in the cost of living as determined
by the most recent Consumer Price Index (for all con-
sumers and items) published by the Secretary of
Labor.’’.
(6) Subsection (a)(7), as redesignated by section 102(5) of
this Act, is amended—
(A) in subparagraph (A), by striking ‘‘who does not
reside in an unserved household’’ and inserting ‘‘who is
not eligible to receive the transmission under this section’’;
(B) in subparagraph (B), by striking ‘‘who do not reside
in unserved households’’ and inserting ‘‘who are not eligible
to receive the transmission under this section’’; and
(C) in subparagraph (D), by striking ‘‘is for private
home viewing to an unserved household’’ and inserting
‘‘is to a subscriber who is eligible to receive the secondary
transmission under this section’’.
SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF
LOW POWER TELEVISION STATIONS.
(a) IN GENERAL.—Section 119(a) of title 17, United States Code
(as amended by sections 102 and 103 of this Act), is further amended
by adding at the end the following:
‘‘(15) CARRIAGE OF LOW POWER TELEVISION STATIONS.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (2)(B),
and subject to subparagraphs (B) through (F) of this para-
graph, the statutory license provided for in paragraphs
(1) and (2) shall apply to the secondary transmission of
the primary transmission of a network station or a super-
station that is licensed as a low power television station,
to a subscriber who resides within the same local market.
‘‘(B) GEOGRAPHIC LIMITATION.—
‘‘(i) NETWORK STATIONS.—With respect to network
stations, secondary transmissions provided for in
subparagraph (A) shall be limited to secondary trans-
missions to subscribers who—
‘‘(I) reside in the same local market as the
station originating the signal; and
‘‘(II) reside within 35 miles of the transmitter
site of such station, except that in the case of
such a station located in a standard metropolitan
statistical area which has 1 of the 50 largest popu-
lations of all standard metropolitan statistical
areas (based on the 1980 decennial census of popu-
lation taken by the Secretary of Commerce), the
number of miles shall be 20.
‘‘(ii) SUPERSTATIONS.—With respect to supersta-
tions, secondary transmissions provided for in subpara-
graph (A) shall be limited to secondary transmissions
to subscribers who reside in the same local market
as the station originating the signal.
Applicability.
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118 STAT. 3405
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(C) NO
APPLICABILITY
TO
REPEATERS
AND
TRANS-
LATORS.—Secondary transmissions provided for in subpara-
graph (A) shall not apply to any low power television sta-
tion that retransmits the programs and signals of another
television station for more than 2 hours each day.
‘‘(D) 
ROYALTY
FEES.—Notwithstanding 
subsection
(b)(1)(B), a satellite carrier whose secondary transmissions
of the primary transmissions of a low power television
station are subject to statutory licensing under this section
shall have no royalty obligation for secondary transmissions
to a subscriber who resides within 35 miles of the trans-
mitter site of such station, except that in the case of such
a station located in a standard metropolitan statistical
area which has 1 of the 50 largest populations of all
standard metropolitan statistical areas (based on the 1980
decennial census of population taken by the Secretary of
Commerce), the number of miles shall be 20. Carriage
of a superstation that is a low power television station
within the station’s local market, but outside of the 35-
mile or 20-mile radius described in the preceding sentence,
shall be subject to royalty payments under subsection
(b)(1)(B).
‘‘(E) LIMITATION TO SUBSCRIBERS TAKING LOCAL-INTO-
LOCAL SERVICE.—Secondary transmissions provided for in
subparagraph (A) may be made only to subscribers who
receive secondary transmissions of primary transmissions
from that satellite carrier pursuant to the statutory license
under section 122, and only in conformity with the require-
ments under 340(b) of the Communications Act of 1934,
as in effect on the date of the enactment of the Satellite
Home Viewer Extension and Reauthorization Act of 2004.’’.
SEC. 105. DEFINITIONS.
Section 119(d) of title 17, United States Code, is amended—
(1) in paragraph (2)(A), by striking ‘‘a television broadcast
station’’ and inserting ‘‘a television station licensed by the Fed-
eral Communications Commission’’;
(2) by amending paragraph (9) to read as follows:
‘‘(9) SUPERSTATION.—The term ‘superstation’ means a tele-
vision station, other than a network station, licensed by the
Federal Communications Commission, that is secondarily trans-
mitted by a satellite carrier.’’;
(3) in paragraph (10)—
(A) in subparagraph (B), by striking ‘‘granted under
regulations established under section 339(c)(2) of the
Communications Act of 1934’’ and inserting ‘‘that meets
the standards of subsection (a)(14) whether or not the
waiver was granted before the date of the enactment of
the Satellite Home Viewer Extension and Reauthorization
Act of 2004’’; and
(B) in subparagraph (D), by striking ‘‘(a)(11)’’ and
inserting ‘‘(a)(12)’’; and
(4) by striking paragraphs (11) and (12) and inserting the
following:
‘‘(11) LOCAL
MARKET.—The term ‘local market’ has the
meaning given such term under section 122(j), except that
with respect to a low power television station, the term ‘local
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118 STAT. 3406
PUBLIC LAW 108–447—DEC. 8, 2004
market’ means the designated market area in which the station
is located.
‘‘(12) LOW
POWER
TELEVISION
STATION.—The term ‘low
power television station’ means a low power television as
defined under section 74.701(f) of title 47, Code of Federal
Regulations, as in effect on June 1, 2004. For purposes of
this paragraph, the term ‘low power television station’ includes
a low power television station that has been accorded primary
status as a Class A television licensee under section 73.6001(a)
of title 47, Code of Federal Regulations.
‘‘(13) COMMERCIAL ESTABLISHMENT.—The term ‘commercial
establishment’—
‘‘(A) means an establishment used for commercial pur-
poses, such as a bar, restaurant, private office, fitness
club, oil rig, retail store, bank or other financial institution,
supermarket, automobile or boat dealership, or any other
establishment with a common business area; and
‘‘(B) does not include a multi-unit permanent or tem-
porary dwelling where private home viewing occurs, such
as a hotel, dormitory, hospital, apartment, condominium,
or prison.’’.
SEC. 106. EFFECT ON CERTAIN PROCEEDINGS.
Nothing in this title shall modify any remedy imposed on
a party that is required by the judgment of a court in any action
that was brought before May 1, 2004, against that party for a
violation of section 119 of title 17, United States Code.
SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RE-
TRANSMITTING SUPERSTATION SIGNALS TO COMMER-
CIAL ESTABLISHMENTS.
(a) IN GENERAL.—Section 119 of title 17, United States Code,
is amended—
(1) in subsection (a)(1)—
(A) by inserting ‘‘or for viewing in a commercial
establishment’’ after ‘‘for private home viewing’’ each place
it appears; and
(B) by striking ‘‘household’’ and inserting ‘‘subscriber’’;
(2) in subsection (b), by striking ‘‘for private home viewing’’
each place it appears;
(3) in subsection (d)(1)—
(A) by striking ‘‘for private home viewing’’; and
(B) by inserting ‘‘in accordance with the provisions
of this section’’ before the period;
(4) in subsection (d)(6), by inserting ‘‘pursuant to this sec-
tion’’ before the period; and
(5) in subsection (d)(8)—
(A) by striking ‘‘who’’ and inserting ‘‘or entity that’’;
(B) by striking ‘‘for private home viewing’’; and
(C) by inserting ‘‘in accordance with the provisions
of this section’’ before the period.
(b) 
CONFORMING
AMENDMENTS.—Subsections 
(a)(4) 
and
(d)(1)(A) of section 111 of title 17, United States Code, are each
amended by striking ‘‘for private home viewing’’.
17 USC 119 note.
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118 STAT. 3407
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS
TO PROVIDE SATELLITE SECONDARY TRANSMISSIONS TO
LOCAL MARKETS.
Section 119 of title 17, United States Code, is amended by
adding at the end the following:
‘‘(f) EXPEDITED CONSIDERATION
BY JUSTICE DEPARTMENT
OF
VOLUNTARY
AGREEMENTS
TO
PROVIDE
SATELLITE
SECONDARY
TRANSMISSIONS TO LOCAL MARKETS.—
‘‘(1) IN GENERAL.—In a case in which no satellite carrier
makes available, to subscribers located in a local market, as
defined in section 122(j)(2), the secondary transmission into
that market of a primary transmission of one or more television
broadcast stations licensed by the Federal Communications
Commission, and two or more satellite carriers request a busi-
ness review letter in accordance with section 50.6 of title 28,
Code of Federal Regulations (as in effect on July 7, 2004),
in order to assess the legality under the antitrust laws of
proposed business conduct to make or carry out an agreement
to provide such secondary transmission into such local market,
the appropriate official of the Department of Justice shall
respond to the request no later than 90 days after the date
on which the request is received.
‘‘(2) DEFINITION.—For purposes of this subsection, the term
‘antitrust laws’—
‘‘(A) has the meaning given that term in subsection
(a) of the first section of the Clayton Act (15 U.S.C. 12(a)),
except that such term includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition; and
‘‘(B) includes any State law similar to the laws referred
to in paragraph (1).’’.
SEC. 109. STUDY.
No later than June 30, 2008, the Register of Copyrights shall
report to the Committee on the Judiciary of the House of Represent-
atives and the Committee on the Judiciary of the Senate the Reg-
ister’s findings and recommendations on the operation and revision
of the statutory licenses under sections 111, 119, and 122 of title
17, United States Code. The report shall include, but not be limited
to, the following:
(1) A comparison of the royalties paid by licensees under
such sections, including historical rates of increases in these
royalties, a comparison between the royalties under each such
section and the prices paid in the marketplace for comparable
programming.
(2) An analysis of the differences in the terms and condi-
tions of the licenses under such sections, an analysis of whether
these differences are required or justified by historical, techno-
logical, or regulatory differences that affect the satellite and
cable industries, and an analysis of whether the cable or sat-
ellite industry is placed in a competitive disadvantage due
to these terms and conditions.
(3) An analysis of whether the licenses under such sections
are still justified by the bases upon which they were originally
created.
(4) An analysis of the correlation, if any, between the
royalties, or lack thereof, under such sections and the fees
Deadline.
Reports.
Deadline.
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118 STAT. 3408
PUBLIC LAW 108–447—DEC. 8, 2004
charged to cable and satellite subscribers, addressing whether
cable and satellite companies have passed to subscribers any
savings realized as a result of the royalty structure and
amounts under such sections.
(5) An analysis of issues that may arise with respect to
the application of the licenses under such sections to the sec-
ondary transmissions of the primary transmissions of network
stations and superstations that originate as digital signals,
including issues that relate to the application of the unserved
household limitations under section 119 of title 17, United
States Code, and to the determination of royalties of cable
systems and satellite carriers.
SEC. 110. ADDITIONAL STUDY.
No later than December 31, 2005, the Register of Copyrights
shall report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate
the Register’s findings and recommendations on the following:
(1) The extent to which the unserved household limitation
for network stations contained in section 119 of title 17, United
States Code, has operated efficiently and effectively and has
forwarded the goal of title 17, United States Code, to protect
copyright owners of over-the-air television programming,
including what amendments, if any, are necessary to effectively
identify the application of the limitation to individual house-
holds to receive secondary transmissions of primary digital
transmissions of network stations.
(2) The extent to which secondary transmissions of primary
transmissions of network stations and superstations under sec-
tion 119 of title 17, United States Code, harm copyright owners
of broadcast programming throughout the United States and
the effect, if any, of the statutory license under section 122
of title 17, United States Code, in reducing such harm.
SEC. 111. SPECIAL RULES.
(a) RESTRICTIONS ON TRANSMISSION OF DISTANT TELEVISION
STATIONS IN AREAS OF ALASKA WHERE LOCAL-INTO-LOCAL SERVICE
IS AVAILABLE.—Section 119(a) of title 17, United States Code, is
amended by adding at the end thereof the following:
‘‘(16) RESTRICTED TRANSMISSION OF OUT-OF-STATE DISTANT
NETWORK SIGNALS INTO CERTAIN MARKETS.—
‘‘(A) OUT-OF-STATE
NETWORK
AFFILIATES.—Notwith-
standing any other provision of this title, the statutory
license in this subsection and subsection (b) shall not apply
to any secondary transmission of the primary transmission
of a network station located outside of the State of Alaska
to any subscriber in that State to whom the secondary
transmission of the primary transmission of a television
station located in that State is made available by the
satellite carrier pursuant to section 122.
‘‘(B) EXCEPTION.—The limitation in subparagraph (A)
shall not apply to the secondary transmission of the pri-
mary transmission of a digital signal of a network station
located outside of the State of Alaska if at the time that
the secondary transmission is made, no television station
licensed to a community in the State and affiliated with
the same network makes primary transmissions of a digital
signal.’’.
Deadline.
Reports.
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118 STAT. 3409
PUBLIC LAW 108–447—DEC. 8, 2004
(b) EXTRA DMA DEEMED LOCAL.—Section 122(j)(2) of title 17,
United States Code, is amended by adding at the end thereof
the following:
‘‘(D) CERTAIN
AREAS
OUTSIDE
OF
ANY
DESIGNATED
MARKET AREA.—Any census area, borough, or other area
in the State of Alaska that is outside of a designated
market area, as determined by Nielsen Media Research,
shall be deemed to be part of one of the local markets
in the State of Alaska. A satellite carrier may determine
which local market in the State of Alaska will be deemed
to be the relevant local market in connection with each
subscriber in such census area, borough, or other area.’’.
SEC. 112. TECHNICAL AMENDMENT.
Section 803(b)(1)(A)(i)(V) of title 17, United States Code, as
amended by the Copyright Royalty and Distribution Reform Act
of 2004, is amended by inserting before the period at the end
the following: ‘‘, except that in the case of proceedings under section
111 that are scheduled to commence in 2005, such notice may
not be published.
TITLE II—FEDERAL COMMUNICATIONS
COMMISSION OPERATIONS
SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.
Section 325(b)(2)(C) of the Communications Act of 1934 (47
U.S.C. 325(b)(2)(C)) is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2009’’.
SEC. 202. CABLE/SATELLITE COMPARABILITY.
(a) AMENDMENT.—Part I of title III of the Communications
Act of 1934 is amended by inserting after section 339 (47 U.S.C.
339) the following new section:
‘‘SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CAR-
RIED.
‘‘(a) SIGNIFICANTLY VIEWED STATIONS.—In addition to the
broadcast signals that subscribers may receive under section 338
and 339, a satellite carrier is also authorized to retransmit to
a subscriber located in a community the signal of any station
located outside the local market in which such subscriber is located,
to the extent such signal—
‘‘(1) has, before the date of enactment of the Satellite Home
Viewer Extension and Reauthorization Act of 2004, been deter-
mined by the Federal Communications Commission to be a
signal a cable operator may carry as significantly viewed in
such community, except to the extent that such signal is pre-
vented from being carried by a cable system in such community
under the Commission’s network nonduplication and syndicated
exclusivity rules; or
‘‘(2) is, after such date of enactment, determined by the
Commission to be significantly viewed in such community in
accordance with the same standards and procedures concerning
shares of viewing hours and audience surveys as are applicable
47 USC 340.
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118 STAT. 3410
PUBLIC LAW 108–447—DEC. 8, 2004
under the rules, regulations, and authorizations of the Commis-
sion to determining with respect to a cable system whether
signals are significantly viewed in a community.
‘‘(b) LIMITATIONS.—
‘‘(1) ANALOG
SERVICE
LIMITED
TO
SUBSCRIBERS
TAKING
LOCAL-INTO-LOCAL SERVICE.—With respect to a signal that origi-
nates as an analog signal of a network station, this section
shall apply only to retransmissions to subscribers of a satellite
carrier who receive retransmissions of a signal that originates
as an analog signal of a local network station from that satellite
carrier pursuant to section 338.
‘‘(2) DIGITAL SERVICE LIMITATIONS.—With respect to a signal
that originates as a digital signal of a network station, this
section shall apply only if—
‘‘(A) the subscriber receives from the satellite carrier
pursuant to section 338 the retransmission of the digital
signal of a network station in the subscriber’s local market
that is affiliated with the same television network; and
‘‘(B) either—
‘‘(i) the retransmission of the local network station
occupies at least the equivalent bandwidth as the dig-
ital signal retransmitted pursuant to this section; or
‘‘(ii) the retransmission of the local network station
is comprised of the entire bandwidth of the digital
signal broadcast by such local network station.
‘‘(3) LIMITATION
NOT
APPLICABLE
WHERE
NO
NETWORK
AFFILIATES.—The limitations in paragraphs (1) and (2) shall
not prohibit a retransmission under this section to a subscriber
located in a local market in which there are no network stations
affiliated with the same television network as the station whose
signal is being retransmitted pursuant to this section.
‘‘(4) AUTHORITY
TO
GRANT
STATION-SPECIFIC
WAIVERS.—
Paragraphs (1) and (2) shall not prohibit a retransmission
of a network station to a subscriber if and to the extent that
the network station in the local market in which the subscriber
is located, and that is affiliated with the same television net-
work, has privately negotiated and affirmatively granted a
waiver from the requirements of paragraph (1) and (2) to such
satellite carrier with respect to retransmission of the signifi-
cantly viewed station to such subscriber.
‘‘(c) PUBLICATION AND MODIFICATIONS OF LISTS; REGULATIONS.—
‘‘(1) IN GENERAL.—The Commission shall—
‘‘(A) within 60 days after the date of enactment of
the Satellite Home Viewer Extension and Reauthorization
Act of 2004—
‘‘(i) publish a list of the stations that are eligible
for retransmission under subsection (a)(1) and the
communities in which such stations are eligible for
such retransmission; and
‘‘(ii) commence a rulemaking proceeding to imple-
ment this section by publication of a notice of proposed
rulemaking;
‘‘(B) adopt rules pursuant to such rulemaking within
1 year after such date of enactment.
‘‘(2) PUBLIC AVAILABILITY OF LIST.—The Commission shall
make readily available to the public in electronic form, on
the Internet website of the Commission or other comparable
Deadline.
Applicability.
Applicability.
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118 STAT. 3411
PUBLIC LAW 108–447—DEC. 8, 2004
facility, a list of the stations that are eligible for retransmission
under subsection (a) and the communities in which such sta-
tions are eligible for such retransmission. The Commission
shall update such list within 10 business days after the date
on which the Commission issues an order making any modifica-
tion of such stations and communities.
‘‘(3) MODIFICATIONS.—In addition to cable operators and
television broadcast station licensees, the Commission shall
permit a satellite carrier to petition for decisions and orders—
‘‘(A) by which stations may be added to those that
are eligible for retransmission under subsection (a), and
by which communities may be added in which such stations
are eligible for such retransmission; and
‘‘(B) by which network nonduplication or syndicated
exclusivity regulations are applied to the retransmission
in accordance with subsection (e).
‘‘(d) EFFECT ON OTHER OBLIGATIONS AND RIGHTS.—
‘‘(1) NO EFFECT ON CARRIAGE OBLIGATIONS.—Carriage of
a signal under this section is not mandatory, and any right
of a station licensee to have the signal of such station carried
under section 338 is not affected by the eligibility of such
station to be carried under this section.
‘‘(2) RETRANSMISSION CONSENT RIGHTS NOT AFFECTED.—The
eligibility of the signal of a station to be carried under this
section does not affect any right of the licensee of such station
to grant (or withhold) retransmission consent under section
325(b)(1).
‘‘(e) NETWORK
NONDUPLICATION
AND
SYNDICATED
EXCLU-
SIVITY.—
‘‘(1) NOT APPLICABLE EXCEPT AS PROVIDED BY COMMISSION
REGULATIONS.—Signals eligible to be carried under this section
are not subject to the Commission’s regulations concerning
network nonduplication or syndicated exclusivity unless, pursu-
ant to regulations adopted by the Commission, the Commission
determines to permit network nonduplication or syndicated
exclusivity to apply within the appropriate zone of protection.
‘‘(2) LIMITATION.—Nothing in this subsection or Commis-
sion regulations shall permit the application of network non-
duplication or syndicated exclusivity regulations to the retrans-
mission of distant signals of network stations that are carried
by a satellite carrier pursuant to a statutory license under
section 119(a)(2)(A) or (B) of title 17, United States Code,
with respect to persons who reside in unserved households,
under 119(a)(4)(A), or under section 119(a)(12), of such title.
‘‘(f) ENFORCEMENT.—
‘‘(1) ORDERS AND DAMAGES.—Upon complaint, the Commis-
sion shall issue a cease and desist order to any satellite carrier
found to have violated this section in carrying any television
broadcast station. Such order may, if a complaining station
requests damages—
‘‘(A) provide for the award of damages to a complaining
station that establishes that the violation was committed
in bad faith, in an amount up to $50 per subscriber, per
station, per day of the violation; and
‘‘(B) provide for the award of damages to a prevailing
satellite carrier if the Commission determines that the
Deadline.
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118 STAT. 3412
PUBLIC LAW 108–447—DEC. 8, 2004
complaint was frivolous, in an amount up to $50 per sub-
scriber alleged to be in violation, per station alleged, per
day of the alleged violation.
‘‘(2) COMMISSION DECISION.—The Commission shall issue
a final determination resolving a complaint brought under this
subsection not later than 180 days after the submission of
a complaint under this subsection. The Commission may hear
witnesses if it clearly appears, based on written filings by
the parties, that there is a genuine dispute about material
facts. Except as provided in the preceding sentence, the
Commission may issue a final ruling based on written filings
by the parties.
‘‘(3) REMEDIES IN ADDITION.—The remedies under this sub-
section are in addition to any remedies available under title
17, United States Code.
‘‘(4) NO EFFECT ON COPYRIGHT PROCEEDINGS.—Any deter-
mination, action, or failure to act of the Commission under
this subsection shall have no effect on any proceeding under
title 17, United States Code, and shall not be introduced in
evidence in any proceeding under that title. In no instance
shall a Commission enforcement proceeding under this sub-
section be required as a predicate to the pursuit of a remedy
available under title 17.
‘‘(g) NOTICES CONCERNING SIGNIFICANTLY VIEWED STATIONS.—
Each satellite carrier that proposes to commence the retransmission
of a station pursuant to this section in any local market shall—
‘‘(1) not less than 60 days before commencing such retrans-
mission, provide a written notice to any television broadcast
station in such local market of such proposal; and
‘‘(2) designate on such carrier’s website all significantly
viewed signals carried pursuant to section 340 and the commu-
nities in which the signals are carried.
‘‘(h) ADDITIONAL CORRESPONDING CHANGES IN REGULATIONS.—
‘‘(1) COMMUNITY-BY-COMMUNITY ELECTIONS.—The Commis-
sion shall, no later than October 30, 2005, revise section 76.66
of its regulations (47 CFR 76.66), concerning satellite broadcast
signal carriage, to permit (at the next cycle of elections under
section 325) a television broadcast station that is located in
a local market into which a satellite carrier retransmits a
television broadcast station pursuant to section 338, to elect,
with respect to such satellite carrier, between retransmission
consent pursuant to such section 325 and mandatory carriage
pursuant to section 338 separately for each county within such
station’s local market, if—
‘‘(A) the satellite carrier has notified the station, pursu-
ant to paragraph (3), that it intends to carry another affil-
iate of the same network pursuant to this section during
the relevant election period in the station’s local market;
or
‘‘(B) on the date notification under paragraph (3) was
due, the satellite carrier was retransmitting into the sta-
tion’s local market pursuant to this section an affiliate
of the same television network.
‘‘(2) UNIFIED NEGOTIATIONS.—In revising its regulations as
required by paragraph (1), the Commission shall provide that
any such station shall conduct a unified negotiation for the
Deadline.
Deadline.
Deadline.
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118 STAT. 3413
PUBLIC LAW 108–447—DEC. 8, 2004
entire portion of its local market for which retransmission
consent is elected.
‘‘(3) ADDITIONAL PROVISIONS.—The Commission shall, no
later than October 30, 2005, revise its regulations to provide
the following:
‘‘(A) NOTIFICATIONS BY SATELLITE CARRIER.—A satellite
carrier’s retransmission of television broadcast stations
pursuant to this section shall be subject to the following
limitations:
‘‘(i) In any local market in which the satellite
carrier provides service pursuant to section 338 on
the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, the carrier
may notify a television broadcast station in that
market, at least 60 days prior to any date on which
the station must thereafter make an election under
section 76.66 of the Commission’s regulations (47 CFR
76.66), of—
‘‘(I) each affiliate of the same television net-
work that the carrier reserves the right to re-
transmit into that station’s local market pursuant
to this section during the next election cycle under
such section of such regulations; and
‘‘(II) for each such affiliate, the communities
into which the satellite carrier reserves the right
to make such retransmissions.
‘‘(ii) In any local market in which the satellite
carrier commences service pursuant to section 338 after
the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, the carrier
may notify a station in that market, at least 60 days
prior to the introduction of such service in that market,
and thereafter at least 60 days prior to any date on
which the station must thereafter make an election
under section 76.66 of the Commission’s regulations
(47 CFR 76.66), of each affiliate of the same television
network that the carrier reserves the right to re-
transmit into that station’s local market during the
next election cycle under such section of such regula-
tions.
‘‘(iii) Beginning with the 2005 election cycle, a
satellite carrier may only retransmit pursuant to this
section during the pertinent election period a signal—
‘‘(I) as to which it has provided the notifica-
tions set forth in clauses (i) and (ii); or
‘‘(II) that it was retransmitting into the local
market under this section as of the date such
notifications were due.
‘‘(B) HARMONIZATION
OF
ELECTIONS
AND
RETRANS-
MISSION CONSENT AGREEMENTS.—If a satellite carrier noti-
fies a television broadcast station that it reserves the right
to retransmit an affiliate of the same television network
during the next election cycle pursuant to this section,
the station may choose between retransmission consent
and mandatory carriage for any portion of the 3-year elec-
tion cycle that is not covered by an existing retransmission
consent agreement.
Deadline.
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118 STAT. 3414
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(i) DEFINITIONS.—As used in this section:
‘‘(1) LOCAL MARKET; SATELLITE CARRIER; SUBSCRIBER; TELE-
VISION BROADCAST STATION.—The terms ‘local market’, ‘satellite
carrier’, ‘subscriber’, and ‘television broadcast station’ have the
meanings given such terms in section 338(k).
‘‘(2) NETWORK STATION; TELEVISION NETWORK.—The terms
‘network station’ and ‘television network’ have the meanings
given such terms in section 339(d).
‘‘(3) COMMUNITY.—The term ‘community’ means—
‘‘(A) a county or a cable community, as determined
under the rules, regulations, and authorizations of the
Commission applicable to determining with respect to a
cable system whether signals are significantly viewed; or
‘‘(B) a satellite community, as determined under such
rules, regulations, and authorizations (or revisions thereof)
as the Commission may prescribe in implementing the
requirements of this section.
‘‘(4) BANDWIDTH.—The terms ‘equivalent bandwidth’ and
‘entire bandwidth’ shall be defined by the Commission by regu-
lation, except that this paragraph shall not be construed—
‘‘(A) to prevent a satellite operator from using compres-
sion technology;
‘‘(B) to require a satellite operator to use the identical
bandwidth or bit rate as the local or distant broadcaster
whose signal it is retransmitting;
‘‘(C) to require a satellite operator to use the identical
bandwidth or bit rate for a local network station as it
does for a distant network station;
‘‘(D) to affect a satellite operator’s obligations under
subsection (a)(1); or
‘‘(E) to affect the definitions of ‘program related’ and
‘primary video’.’’.
SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.
(a) AMENDMENTS.—Section 338 of the Communications Act of
1934 (47 U.S.C. 338(d)) is amended—
(1) by redesignating subsections (g) and (h) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (f) the following new sub-
section:
‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.—
‘‘(1) SINGLE DISH.—Each satellite carrier that retransmits
the analog signals of local television broadcast stations in a
local market shall retransmit such analog signals in such
market by means of a single reception antenna and associated
equipment.
‘‘(2) EXCEPTION.—If the carrier retransmits signals in the
digital television service, the carrier shall retransmit such dig-
ital signals in such market by means of a single reception
antenna and associated equipment, but such antenna and asso-
ciated equipment may be separate from the single reception
antenna and associated equipment used for analog television
service signals.
‘‘(3) EFFECTIVE DATE.—The requirements of paragraphs (1)
and (2) of this subsection shall apply on and after 18 months
after the date of enactment of the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004.
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118 STAT. 3415
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(4) NOTICE OF DISRUPTIONS.—A carrier that is providing
signals of a local television broadcast station in a local market
under this section on the date of enactment of the Satellite
Home Viewer Extension and Reauthorization Act of 2004 shall,
not later than 15 months after such date of enactment, provide
to the licensees for such stations and the carrier’s subscribers
in such local market a notice that displays prominently and
conspicuously a clear statement of—
‘‘(A) any reallocation of signals between different recep-
tion antennas and associated equipment that the carrier
intends to make in order to comply with the requirements
of this subsection;
‘‘(B) the need, if any, for subscribers to obtain an
additional reception antenna and associated equipment to
receive such signals; and
‘‘(C) any cessation of carriage or other material change
in the carriage of signals as a consequence of the require-
ments of this paragraph.’’.
(b) CONFORMING AMENDMENTS: COMMISSION ENFORCEMENT OF
SECTION; LOW POWER TELEVISION STATIONS.—
(1) Section 338(a) of such Act is amended by striking para-
graphs (1) and (2) and inserting the following:
‘‘(1) IN GENERAL.—Each satellite carrier providing, under
section 122 of title 17, United States Code, secondary trans-
missions to subscribers located within the local market of a
television broadcast station of a primary transmission made
by that station shall carry upon request the signals of all
television broadcast stations located within that local market,
subject to section 325(b).
‘‘(2) REMEDIES FOR FAILURE TO CARRY.—In addition to the
remedies available to television broadcast stations under section
501(f) of title 17, United States Code, the Commission may
use the Commission’s authority under this Act to assure compli-
ance with the obligations of this subsection, but in no instance
shall a Commission enforcement proceeding be required as
a predicate to the pursuit of a remedy available under such
section 501(f).
‘‘(3) LOW
POWER
STATION
CARRIAGE
OPTIONAL.—No low
power television station whose signals are provided under sec-
tion 119(a)(14) of title 17, United States Code, shall be entitled
to insist on carriage under this section, regardless of whether
the satellite carrier provides secondary transmissions of the
primary transmissions of other stations in the same local
market pursuant to section 122 of such title, nor shall any
such carriage be considered in connection with the requirements
of subsection (c) of this section.’’.
(2) Section 338(c)(1) of such Act is amended by striking
‘‘subsection (a)’’ and inserting ‘‘subsection (a)(1)’’.
(3) Section 338(k) of such Act (as redesignated by subsection
(a)(1)) is amended—
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph:
‘‘(4) LOW POWER TELEVISION STATION.—The term ‘low power
television station’ means a low power television station as
defined under section 74.701(f) of title 47, Code of Federal
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118 STAT. 3416
PUBLIC LAW 108–447—DEC. 8, 2004
Regulations, as in effect on June 1, 2004. For purposes of
this paragraph, the term ‘low power television station’ includes
a low power television station that has been accorded primary
status as a Class A television licensee under section 73.6001(a)
of title 47, Code of Federal Regulations.’’.
SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.
(a) REPLACEMENT.—Section 339(a) of the Communications Act
of 1934 (47 U.S.C. 339(a)) is amended—
(1) in paragraph (1), by adding at the end the following
new sentence: ‘‘Such two network stations may be comprised
of both the analog signal and digital signal of not more than
two network stations.’’;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIG-
NALS.—Notwithstanding any other provision of paragraph (1),
the following rules shall apply after the date of enactment
of the Satellite Home Viewer Extension and Reauthorization
Act of 2004:
‘‘(A) RULES FOR GRANDFATHERED SUBSCRIBERS TO ANA-
LOG SIGNALS.—
‘‘(i) FOR THOSE RECEIVING DISTANT ANALOG SIG-
NALS.—In the case of a subscriber of a satellite carrier
who is eligible to receive the analog signal of a network
station solely by reason of section 119(e) of title 17,
United States Code (in this subparagraph referred to
as a ‘distant analog signal’), and who, as of October
1, 2004, is receiving the distant analog signal of that
network station, the following shall apply:
‘‘(I) In a case in which the satellite carrier
makes available to the subscriber the analog signal
of a local network station affiliated with the same
television network pursuant to section 338, the
carrier may only provide the secondary trans-
missions of the distant analog signal of a station
affiliated 
with 
the 
same 
network 
to 
that
subscriber—
‘‘(aa) if, within 60 days after receiving the
notice of the satellite carrier under section
338(h)(1) of this Act, the subscriber elects to
retain the distant analog signal; but
‘‘(bb) only until such time as the sub-
scriber elects to receive such local analog
signal.
‘‘(II) Notwithstanding subclause (I), the carrier
may not retransmit the distant analog signal to
any subscriber who is eligible to receive the analog
signal of a network station solely by reason of
section 119(e) of title 17, United States Code,
unless such carrier, within 60 days after the date
of the enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, sub-
mits to that television network the list and state-
ment required by subparagraph (F)(i).
Deadline.
Deadline.
Applicability.
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118 STAT. 3417
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(ii) FOR THOSE NOT RECEIVING DISTANT ANALOG
SIGNALS.—In the case of any subscriber of a satellite
carrier who is eligible to receive the distant analog
signal of a network station solely by reason of section
119(e) of title 17, United States Code, and who did
not receive a distant analog signal of a station affiliated
with the same network on October 1, 2004, the carrier
may not provide the secondary transmissions of the
distant analog signal of a station affiliated with the
same network to that subscriber.
‘‘(B) RULES FOR OTHER SUBSCRIBERS TO ANALOG SIG-
NALS.—In the case of a subscriber of a satellite carrier
who is eligible to receive the analog signal of a network
station under this section (in this subparagraph referred
to as a ‘distant analog signal’), other than subscribers to
whom subparagraph (A) applies, the following shall apply:
‘‘(i) In a case in which the satellite carrier makes
available to that subscriber, on January 1, 2005, the
analog signal of a local network station affiliated with
the same television network pursuant to section 338,
the carrier may only provide the secondary trans-
missions of the distant analog signal of a station affil-
iate with the same network to that subscriber if the
subscriber’s satellite carrier, not later than March 1,
2005, submits to that television network the list and
statement required by subparagraph (F)(i).
‘‘(ii) In a case in which the satellite carrier does
not make available to that subscriber, on January 1,
2005, the analog signal of a local network station
pursuant to section 338, the carrier may only provide
the secondary transmissions of the distant analog
signal of a station affiliated with the same network
to that subscriber if—
‘‘(I) that subscriber seeks to subscribe to such
distant analog signal before the date on which
such carrier commences to carry pursuant to sec-
tion 338 the analog signals of stations from the
local market of such local network station; and
‘‘(II) the satellite carrier, within 60 days after
such date, submits to each television network the
list and statement required by subparagraph
(F)(ii).
‘‘(C) FUTURE APPLICABILITY.—A satellite carrier may
not provide a distant analog signal (within the meaning
of subparagraph (A) or (B)) to a person who—
‘‘(i) is not a subscriber lawfully receiving such sec-
ondary transmission as of the date of the enactment
of the Satellite Home Viewer Extension and Reauthor-
ization Act of 2004; and
‘‘(ii) at the time such person seeks to subscribe
to receive such secondary transmission, resides in a
local market where the satellite carrier makes avail-
able to that person the analog signal of a local network
station affiliated with the same television network
pursuant to section 338, and the retransmission of
such signal by such carrier can reach such subscriber.
‘‘(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.—
Applicability.
Deadlines.
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118 STAT. 3418
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(i) ELIGIBILITY.—In the case of a subscriber of
a satellite carrier who, with respect to a local network
station—
‘‘(I) is a subscriber whose household is located
outside the coverage area of the analog signal of
such station as predicted by the model specified
in subsection (c)(3) of this section for the signal
intensity required under section 73.683(a) of title
47 of the Code of Federal Regulations, or a suc-
cessor regulation;
‘‘(II) is in an unserved household as deter-
mined under section 119(d)(1)(A) of title 17, United
States Code; or
‘‘(III) is, after the date on which the conditions
required by clause (vii) are met with respect to
such station, determined under clause (vi) of this
subparagraph to be unable to receive a digital
signal of such local network station that exceeds
the signal intensity standard specified in such
clause;
such subscriber is eligible to receive the digital signal
of a distant network station affiliated with the same
network under this section (in this subparagraph
referred to as a ‘distant digital signal’) subject to the
provisions of this subparagraph.
‘‘(ii) PRE-ENACTMENT DISTANT DIGITAL SIGNAL SUB-
SCRIBERS.—Any eligible subscriber under this subpara-
graph who is a lawful subscriber to such a distant
digital signal as of the date of enactment of the Sat-
ellite Home Viewer Extension and Reauthorization Act
of 2004 may continue to receive such distant digital
signal, whether or not such subscriber elects to sub-
scribe to local digital signals.
‘‘(iii) LOCAL-TO-LOCAL ANALOG MARKETS.—In a case
in which the satellite carrier makes available to an
eligible subscriber under this subparagraph the analog
signal of a local network station pursuant to section
338, the carrier may only provide the distant digital
signal of a station affiliated with the same network
to that subscriber if—
‘‘(I) in the case of any local market in the
48 contiguous States of the United States, the
distant digital signal is the secondary transmission
of a station whose prime time network program-
ming is generally broadcast simultaneously with,
or later than, the prime time network program-
ming of the affiliate of the same network in the
local market;
‘‘(II) in any local market, the retransmission
of the distant digital signal of the distant station
occupies at least the equivalent bandwidth (as such
term is defined by the Commission under section
340(h)(4)) as the digital signal broadcast by such
station; and
‘‘(III) the subscriber subscribes to the analog
signal of such local network station within 60 days
after such signal is made available by the satellite
Deadlines.
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118 STAT. 3419
PUBLIC LAW 108–447—DEC. 8, 2004
carrier, and adds to or replaces such analog signal
with the digital signal from such local network
station within 60 days after such signal is made
available by the satellite carrier, except that such
distant digital signal may continue to be provided
to a subscriber who cannot be reached by the sat-
ellite transmission of the local digital signal.
‘‘(iv) LOCAL-TO-LOCAL DIGITAL MARKETS.—After the
date on which a satellite carrier makes available the
digital signal of a local network station, the carrier
may not offer the distant digital signal of a network
station affiliated with the same television network to
any new subscriber to such distant digital signal after
such date, except that such distant digital signal may
be provided to a new subscriber who cannot be reached
by the satellite transmission of the local digital signal.
‘‘(v) NON-LOCAL-TO-LOCAL
MARKETS.—After the
date of enactment of the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004, if the satellite
carrier does not make available the digital signal of
a local network station in a local market, the satellite
carrier may offer a new subscriber after such date
who is eligible under this subparagraph a distant dig-
ital signal from a station affiliated with the same net-
work and, in the case of any local market in the 48
contiguous States of the United States, whose prime
time network programming is generally broadcast
simultaneously with, or later than, the prime time
network programming of the affiliate of the same net-
work in the local market, except that—
‘‘(I) such carrier may continue to provide such
distant digital signal to such a subscriber after
the date on which the carrier makes available
the digital signal of a local network station affili-
ated with such network only if such subscriber
subscribes to the digital signal from such local
network station; and
‘‘(II) the limitation contained in subclause (I)
of this clause shall not apply to a subscriber that
cannot be reached by the satellite transmission
of the local digital signal.
‘‘(vi) SIGNAL TESTING FOR DIGITAL SIGNALS.—
‘‘(I) A subscriber shall be eligible for a distant
digital signal under clause (i)(III) if such subscriber
is determined, based on a test conducted in accord-
ance with section 73.686(d) of title 47, Code of
Federal Regulations, or any successor regulation,
not to be able to receive a signal that exceeds
the 
signal 
intensity 
standard 
in 
section
73.622(e)(1) of title 47, Code of Federal Regula-
tions, as in effect on the date of enactment of
the 
Satellite 
Home 
Viewer 
Extension 
and
Reauthorization Act of 2004.
‘‘(II) Such test shall be conducted, upon writ-
ten request for a digital signal strength test by
the subscriber to the satellite carrier, within 30
days after the date the subscriber submits such
Deadline.
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118 STAT. 3420
PUBLIC LAW 108–447—DEC. 8, 2004
request for the test. Such test shall be conducted
by a qualified and independent person selected
by the satellite carrier and the network station
or stations, or who has been previously approved
by the satellite carrier and by each affected net-
work station but not previously disapproved. A
tester may not be so disapproved for a test after
the tester has commenced such test.
‘‘(III) Unless the satellite carrier and the net-
work station or stations otherwise agree, the costs
of conducting the test shall be borne as follows:
‘‘(aa) If the subscriber is not eligible for
a distant digital signal under clause (i)(I) of
this subparagraph (by reason of being outside
of the coverage area of the analog signal),
the satellite carrier may request the station
licensee for a waiver.
‘‘(bb) If the licensee agrees to a waiver,
or fails to respond to a waiver request within
30 days, the subscriber may receive such dis-
tant digital signal.
‘‘(cc) If the licensee refuses to grant a
waiver, the subscriber may request the sat-
ellite carrier to conduct the test.
‘‘(dd) If the satellite carrier requests the
test and—
‘‘(AA) the station’s signal is deter-
mined to exceed such signal intensity
standard, the costs of the test shall be
borne by the satellite carrier; and
‘‘(BB) the station’s signal is deter-
mined to not exceed such signal intensity
standard, the costs of the test shall be
borne by the licensee.
‘‘(ee) If the satellite carrier does not
request the test, or fails to respond within
30 days, the subscriber may request the test
be conducted under the supervision of the car-
rier, and the costs of the test shall be borne
by the subscriber in accordance with regula-
tions prescribed by the Commission. Such
regulations shall also require the carrier to
notify the subscriber of the typical costs of
such test.
‘‘(vii) TRIGGER
EVENTS
FOR
USE
OF
TESTING.—A
subscriber shall not be eligible for a distant digital
signal under clause (i)(III) pursuant to a test conducted
under clause (vii) until—
‘‘(I) in the case of a subscriber whose household
is located within the area predicted to be served
(by the predictive model for analog signals under
subsection (b)(3) of this section) by the signal of
a local network station and who is seeking a dis-
tant digital signal of a station affiliated with the
same network as that local network station—
Deadline.
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118 STAT. 3421
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(aa) April 30, 2006, if such local network
station is within the top 100 television mar-
kets and—
‘‘(AA) has received a tentative digital
television service channel designation that
is the same as such station’s current dig-
ital television service channel; or
‘‘(BB) has been found by the Commis-
sion to have lost interference protection;
or
‘‘(bb) July 15, 2007, for any other local
network stations, other than translator sta-
tions licensed to broadcast on the date of
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004;
or
‘‘(II) in the case of a translator station, 1 year
after the date on which the Commission completes
all actions necessary for the allocation and assign-
ment of digital television licenses to television
translator stations.
‘‘(viii) TESTING WAIVERS.—Upon request by a local
network station, the Commission may grant a waiver
with respect to such station to the beginning of testing
under clause (vii), and prohibit subscribers from
receiving digital signal strength testing with respect
to such station. Such a request shall be filed not less
than 5 months prior to the implementation deadline
specified in such clause, and the Commission shall
act on such request by such implementation deadline.
Such a waiver shall expire at the end of not more
than 6 months, except that a waiver may be renewed
upon a proper showing. The Commission may only
grant such a request upon submission of clear and
convincing evidence that the station’s digital signal
coverage is limited due to the unremediable presence
of one or more of the following:
‘‘(I) the need for international coordination or
approvals;
‘‘(II) clear zoning or environmental legal
impediments;
‘‘(III) force majeure;
‘‘(IV) the station experiences a substantial
decrease in its digital signal coverage area due
to necessity of using side-mounted antenna;
‘‘(V) substantial technical problems that result
in a station experiencing a substantial decrease
in its coverage area solely due to actions to avoid
interference with emergency response providers;
or
‘‘(VI) no satellite carrier is providing the re-
transmission of the analog signals of local network
stations under section 338 in the local market.
Under no circumstances may such a waiver be based
upon financial exigency.
Expiration date.
Deadline.
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118 STAT. 3422
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(ix) SPECIAL
WAIVER
PROVISION
FOR
TRANS-
LATORS.—Upon request by a television translator sta-
tion, the Commission may grant, for not more than
3 years, a waiver with respect to such station to the
beginning of testing under clause (vii), and prohibit
subscribers from receiving digital signal strength
testing with respect to such station, if the Commission
determines that the translator station is not broad-
casting a digital signal due to one or more of the
following:
‘‘(I) frequent occurrence of inclement weather;
or
‘‘(II) mountainous terrain at the transmitter
tower location.
‘‘(x) SAVINGS PROVISION.—Nothing in this subpara-
graph shall be construed to affect a satellite carrier’s
obligations under section 338.
‘‘(xi) DEFINITION.—For purposes of clause (viii), the
term ‘emergency response providers’ means Federal,
State, or local governmental and nongovernmental
emergency public safety, law enforcement, fire, emer-
gency response, emergency medical (including hospital
emergency facilities), and related personnel, organiza-
tions, agencies, or authorities.
‘‘(E) AUTHORITY TO GRANT STATION-SPECIFIC WAIVERS.—
This paragraph shall not prohibit a retransmission of a
distant analog signal or distant digital signal (within the
meaning of subparagraph (A), (B), or (D)) of any distant
network station to any subscriber to whom the signal of
a local network station affiliated with the same network
is available, if and to the extent that such local network
station has affirmatively granted a waiver from the require-
ments of this paragraph to such satellite carrier with
respect to retransmission of such distant network station
to such subscriber.
‘‘(F) NOTICES TO NETWORKS OF DISTANT SIGNAL SUB-
SCRIBERS.—
‘‘(i) Within 60 days after the date of enactment
of the Satellite Home Viewer Extension and Reauthor-
ization Act of 2004, each satellite carrier that provides
a distant signal of a network station to a subscriber
pursuant to subparagraph (A) or (B)(i) of this para-
graph shall submit to each network—
‘‘(I) a list, aggregated by designated market
area, identifying each subscriber provided such a
signal by—
‘‘(aa) name;
‘‘(bb) address (street or rural route
number, city, State, and zip code); and
‘‘(cc) the distant network signal or signals
received; and
‘‘(II) a statement that, to the best of the car-
rier’s knowledge and belief after having made dili-
gent and good faith inquiries, the subscriber is
qualified under the existing law to receive the
distant network signal or signals pursuant to
subparagraph (A) or (B)(i) of this paragraph.
Deadline.
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118 STAT. 3423
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(ii) Within 60 days after the date a satellite car-
rier commences to carry pursuant to section 338 the
signals of stations from a local market, such a satellite
carrier that provides a distant signal of a network
station to a subscriber pursuant to subparagraph (B)(ii)
of this paragraph shall submit to each network—
‘‘(I) a list identifying each subscriber in that
local market provided such a signal by—
‘‘(aa) name;
‘‘(bb) address (street or rural route
number, city, State, and zip code); and
‘‘(cc) the distant network signal or signals
received; and
‘‘(II) a statement that, to the best of the car-
rier’s knowledge and belief after having made dili-
gent and good faith inquiries, the subscriber is
qualified under the existing law to receive the
distant network signal or signals pursuant to
subparagraph (B)(ii) of this paragraph.
‘‘(G) OTHER
PROVISIONS
NOT
AFFECTED.—This para-
graph shall not affect the eligibility of a subscriber to
receive secondary transmissions under section 340 of this
Act or as an unserved household included under section
119(a)(12) of title 17, United States Code.
‘‘(H) AVAILABLE DEFINED.—For purposes of this para-
graph, a satellite carrier makes available a local signal
to a subscriber or person if the satellite carrier offers
that local signal to other subscribers who reside in the
same zip code as that subscriber or person.’’; and
(4) in paragraph (3) (as redesignated by paragraph (2)
of this subsection), by adding at the end the following: ‘‘, except
that paragraph (2)(D) of this subsection, relating to the provi-
sion of distant digital signals, shall be enforceable under the
provisions of section 340(f)’’.
(b) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.—Sec-
tion 339(c) of such Act (47 U.S.C. 339(c)) is amended by striking
paragraph (1) and inserting the following:
‘‘(1) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.—
‘‘(A) STUDY REQUIRED.—Not later than 1 year after
the date of the enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, the Federal
Communications Commission shall complete an inquiry
regarding whether, for purposes of identifying if a house-
hold is unserved by an adequate digital signal under section
119(d)(10) of title 17, United States Code, the digital signal
strength standard in section 73.622(e)(1) of title 47, Code
of Federal Regulations, or the testing procedures in section
73.686(d) of title 47, Code of Federal Regulations, such
statutes or regulations should be revised to take into
account the types of antennas that are available to con-
sumers.
‘‘(B) STUDY CONSIDERATIONS.—In conducting the study
under this paragraph, the Commission shall consider
whether—
‘‘(i) to account for the fact that an antenna can
be mounted on a roof or placed in a home and can
be fixed or capable of rotating;
Deadline.
Deadline.
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118 STAT. 3424
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(ii) section 73.686(d) of title 47, Code of Federal
Regulations, should be amended to create different
procedures for determining if the requisite digital
signal strength is present than for determining if the
requisite analog signal strength is present;
‘‘(iii) a standard should be used other than the
presence of a signal of a certain strength to ensure
that a household can receive a high-quality picture
using antennas of reasonable cost and ease of installa-
tion;
‘‘(iv) to develop a predictive methodology for deter-
mining whether a household is unserved by an ade-
quate digital signal under section 119(d)(10) of title
17, United States Code;
‘‘(v) there is a wide variation in the ability of
reasonably priced consumer digital television sets to
receive over-the-air signals, such that at a given signal
strength some may be able to display high-quality pic-
tures while others cannot, whether such variation is
related to the price of the television set, and whether
such variation should be factored into setting a
standard for determining whether a household is
unserved by an adequate digital signal; and
‘‘(vi) to account for factors such as building loss,
external interference sources, or undesired signals from
both digital television and analog television stations
using either the same or adjacent channels in nearby
markets, foliage, and man-made clutter.
‘‘(C) REPORT.—Not later than 1 year after the date
of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, the Federal Communica-
tions Commission shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report containing—
‘‘(i) the results of the study under this paragraph;
and
‘‘(ii) recommendations, if any, as to what changes
should be made to Federal statutes or regulations.’’.
SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND
STATIONS CONCERNING SIGNAL CARRIAGE.
Section 338 of the Communications Act of 1934 (47 U.S.C.
338) is further amended by inserting after subsection (g) (as added
by section 203) the following new subsection:
‘‘(h) ADDITIONAL NOTICES
TO SUBSCRIBERS, NETWORKS, AND
STATIONS CONCERNING SIGNAL CARRIAGE.—
‘‘(1) NOTICES
TO
AND
ELECTIONS
BY
SUBSCRIBERS
CON-
CERNING GRANDFATHERED SIGNALS.—Any carrier that provides
a distant signal of a network station to a subscriber pursuant
section 339(a)(2)(A) shall—
‘‘(A) within 60 days after the local signal of a network
station of the same television network is available pursuant
to section 338, or within 60 days after the date of enactment
of the Satellite Home Viewer Extension and Reauthoriza-
tion Act of 2004, whichever is later, send a notice to the
subscriber—
Deadlines.
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118 STAT. 3425
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(i) offering to substitute the local network signal
for the duplicating distant network signal; and
‘‘(ii) informing the subscriber that, if the subscriber
fails to respond in 60 days, the subscriber will lose
the distant network signal but will be permitted to
subscribe to the local network signal; and
‘‘(B) if the subscriber—
‘‘(i) elects to substitute such local network signal
within such 60 days, switch such subscriber to such
local network signal within 10 days after the end of
such 60-day period; or
‘‘(ii) fails to respond within such 60 days, terminate
the distant network signal within 10 days after the
end of such 60-day period.
‘‘(2) NOTICE TO STATION LICENSEES OF COMMENCEMENT OF
LOCAL-INTO-LOCAL SERVICE.—
‘‘(A) NOTICE REQUIRED.—Within 180 days after the date
of enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Commission shall revise
the regulations under this section relating to notice to
broadcast station licensees to comply with the requirements
of this paragraph.
‘‘(B) CONTENTS
OF
COMMENCEMENT
NOTICE.—The
notice required by such regulations shall inform each tele-
vision broadcast station licensee within any local market
in which a satellite carrier proposes to commence carriage
of signals of stations from that market, not later than
60 days prior to the commencement of such carriage—
‘‘(i) of the carrier’s intention to launch local-into-
local service under this section in a local market, the
identity of that local market, and the location of the
carrier’s proposed local receive facility for that local
market;
‘‘(ii) of the right of such licensee to elect carriage
under this section or grant retransmission consent
under section 325(b);
‘‘(iii) that such licensee has 30 days from the date
of the receipt of such notice to make such election;
and
‘‘(iv) that failure to make such election will result
in the loss of the right to demand carriage under
this section for the remainder of the 3-year cycle of
carriage under section 325.
‘‘(C) TRANSMISSION
OF
NOTICES.—Such regulations
shall require that each satellite carrier shall transmit the
notices required by such regulation via certified mail to
the address for such television station licensee listed in
the consolidated database system maintained by the
Commission.’’.
SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.
(a) AMENDMENT.—Section 338 of the Communications Act of
1934 (47 U.S.C. 338) is further amended by inserting after sub-
section (h) (as added by section 205) the following new subsection:
‘‘(i) PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.—
‘‘(1) NOTICE.—At the time of entering into an agreement
to provide any satellite service or other service to a subscriber
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118 STAT. 3426
PUBLIC LAW 108–447—DEC. 8, 2004
and at least once a year thereafter, a satellite carrier shall
provide notice in the form of a separate, written statement
to such subscriber which clearly and conspicuously informs
the subscriber of—
‘‘(A) the nature of personally identifiable information
collected or to be collected with respect to the subscriber
and the nature of the use of such information;
‘‘(B) the nature, frequency, and purpose of any disclo-
sure which may be made of such information, including
an identification of the types of persons to whom the disclo-
sure may be made;
‘‘(C) the period during which such information will
be maintained by the satellite carrier;
‘‘(D) the times and place at which the subscriber may
have access to such information in accordance with para-
graph (5); and
‘‘(E) the limitations provided by this section with
respect to the collection and disclosure of information by
a satellite carrier and the right of the subscriber under
paragraphs (7) and (9) to enforce such limitations.
In the case of subscribers who have entered into such an
agreement before the effective date of this subsection, such
notice shall be provided within 180 days of such date and
at least once a year thereafter.
‘‘(2) DEFINITIONS.—For purposes of this subsection, other
than paragraph (9)—
‘‘(A) the term ‘personally identifiable information’ does
not include any record of aggregate data which does not
identify particular persons;
‘‘(B) the term ‘other service’ includes any wire or radio
communications service provided using any of the facilities
of a satellite carrier that are used in the provision of
satellite service; and
‘‘(C) the term ‘satellite carrier’ includes, in addition
to persons within the definition of satellite carrier, any
person who—
‘‘(i) is owned or controlled by, or under common
ownership or control with, a satellite carrier; and
‘‘(ii) provides any wire or radio communications
service.
‘‘(3) PROHIBITIONS.—
‘‘(A) CONSENT TO COLLECTION.—Except as provided in
subparagraph (B), a satellite carrier shall not use any
facilities used by the satellite carrier to collect personally
identifiable information concerning any subscriber without
the prior written or electronic consent of the subscriber
concerned.
‘‘(B) EXCEPTIONS.—A satellite carrier may use such
facilities to collect such information in order to—
‘‘(i) obtain information necessary to render a sat-
ellite service or other service provided by the satellite
carrier to the subscriber; or
‘‘(ii) detect unauthorized reception of satellite
communications.
‘‘(4) DISCLOSURE.—
‘‘(A) CONSENT TO DISCLOSURE.—Except as provided in
subparagraph (B), a satellite carrier shall not disclose
Deadline.
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118 STAT. 3427
PUBLIC LAW 108–447—DEC. 8, 2004
personally identifiable information concerning any sub-
scriber without the prior written or electronic consent of
the subscriber concerned and shall take such actions as
are necessary to prevent unauthorized access to such
information by a person other than the subscriber or sat-
ellite carrier.
‘‘(B) EXCEPTIONS.—A satellite carrier may disclose such
information if the disclosure is—
‘‘(i) necessary to render, or conduct a legitimate
business activity related to, a satellite service or other
service provided by the satellite carrier to the sub-
scriber;
‘‘(ii) subject to paragraph (9), made pursuant to
a court order authorizing such disclosure, if the sub-
scriber is notified of such order by the person to whom
the order is directed;
‘‘(iii) a disclosure of the names and addresses of
subscribers to any satellite service or other service,
if—
‘‘(I) the satellite carrier has provided the sub-
scriber the opportunity to prohibit or limit such
disclosure; and
‘‘(II) the disclosure does not reveal, directly
or indirectly, the—
‘‘(aa) extent of any viewing or other use
by the subscriber of a satellite service or other
service provided by the satellite carrier; or
‘‘(bb) the nature of any transaction made
by the subscriber over any facilities used by
the satellite carrier; or
‘‘(iv) to a government entity as authorized under
chapter 119, 121, or 206 of title 18, United States
Code, except that such disclosure shall not include
records revealing satellite subscriber selection of video
programming from a satellite carrier.
‘‘(5) ACCESS BY SUBSCRIBER.—A satellite subscriber shall
be provided access to all personally identifiable information
regarding that subscriber which is collected and maintained
by a satellite carrier. Such information shall be made available
to the subscriber at reasonable times and at a convenient
place designated by such satellite carrier. A satellite subscriber
shall be provided reasonable opportunity to correct any error
in such information.
‘‘(6) DESTRUCTION
OF
INFORMATION.—A satellite carrier
shall destroy personally identifiable information if the informa-
tion is no longer necessary for the purpose for which it was
collected and there are no pending requests or orders for access
to such information under paragraph (5) or pursuant to a
court order.
‘‘(7) PENALTIES.—Any person aggrieved by any act of a
satellite carrier in violation of this section may bring a civil
action in a United States district court. The court may award—
‘‘(A) actual damages but not less than liquidated dam-
ages computed at the rate of $100 a day for each day
of violation or $1,000, whichever is higher;
‘‘(B) punitive damages; and
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118 STAT. 3428
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(C) reasonable attorneys’ fees and other litigation costs
reasonably incurred.
The remedy provided by this subsection shall be in addition
to any other lawful remedy available to a satellite subscriber.
‘‘(8) RULE OF CONSTRUCTION.—Nothing in this title shall
be construed to prohibit any State from enacting or enforcing
laws consistent with this section for the protection of subscriber
privacy.
‘‘(9) COURT
ORDERS.—Except as provided in paragraph
(4)(B)(iv), a governmental entity may obtain personally identifi-
able information concerning a satellite subscriber pursuant to
a court order only if, in the court proceeding relevant to such
court order—
‘‘(A) such entity offers clear and convincing evidence
that the subject of the information is reasonably suspected
of engaging in criminal activity and that the information
sought would be material evidence in the case; and
‘‘(B) the subject of the information is afforded the
opportunity to appear and contest such entity’s claim.’’.
(b) EFFECTIVE DATE.—Section 338(i) of the Communications
Act of 1934 (47 U.S.C. 338(i)) as amended by subsection (a) of
this section shall be effective 60 days after the date of enactment
of this Act.
SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.
(a) AMENDMENTS.—Section 325(b)(3)(C) of the Communications
Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended—
(1) by striking ‘‘Within 45 days’’ and all that follows through
‘‘1999, the’’ and inserting ‘‘The’’;
(2) by striking the second sentence;
(3) by striking ‘‘and’’ at the end of clause (i);
(4) in clause (ii)—
(A) by striking ‘‘January 1, 2006’’ and inserting
‘‘January 1, 2010’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(5) by adding at the end the following new clause:
‘‘(iii) until January 1, 2010, prohibit a multi-
channel video programming distributor from failing
to negotiate in good faith for retransmission consent
under this section, and it shall not be a failure to
negotiate in good faith if the distributor enters into
retransmission consent agreements containing dif-
ferent terms and conditions, including price terms, with
different broadcast stations if such different terms and
conditions are based on competitive marketplace
considerations.’’.
(b) DEADLINE.—The Federal Communications Commission shall
prescribe regulations to implement the amendment made by sub-
section (a)(5) within 180 days after the date of enactment of this
Act.
SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE.
(a) STUDY REQUIRED.—No later than 9 months after the date
of enactment of the Satellite Home Viewer Extension and Reauthor-
ization Act of 2004, the Federal Communications Commission shall
complete an inquiry regarding the impact on competition in the
multichannel video programming distribution market of the current
Deadline.
Regulations.
47 USC 325 note.
47 USC 338 note.
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118 STAT. 3429
PUBLIC LAW 108–447—DEC. 8, 2004
retransmission consent, network nonduplication, syndicated exclu-
sivity, and sports blackout rules, including the impact of those
rules on the ability of rural cable operators to compete with direct
broadcast satellite industry in the provision of digital broadcast
television signals to consumers. Such report shall include such
recommendations for changes in any statutory provisions relating
to such rules as the Commission deems appropriate.
(b) REPORT REQUIRED.—The Federal Communications Commis-
sion shall submit a report on the results of the inquiry required
by subsection (a) to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than 9 months
after the date of the enactment of this Act.
SEC. 209. REDUCTION OF REQUIRED TESTS.
Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C.
339(c)(4)) is amended by inserting after subparagraph (C) the fol-
lowing new subparagraphs:
‘‘(D) REDUCTION
OF
VERIFICATION
BURDENS.—Within
1 year after the date of enactment of the Satellite Home
Viewer Extension and Reauthorization Act of 2004, the
Commission shall by rule exempt from the verification
requirements of subparagraph (A) any request for a test
made by a subscriber to a satellite carrier to whom the
retransmission of the signals of local broadcast stations
is available under section 338 from such carrier.
‘‘(E) EXCEPTION.—A satellite carrier may refuse to
engage in the testing process. If the carrier does so refuse,
a subscriber in a local market in which the satellite carrier
does not offer the signals of local broadcast stations under
section 338 may, at his or her own expense, authorize
a signal intensity test to be performed pursuant to the
procedures specified by the Commission in section 73.686(d)
of title 47, Code of Federal Regulations, by a tester who
is approved by the satellite carrier and by each affected
network station, or who has been previously approved by
the satellite carrier and by each affected network station
but not previously disapproved. A tester may not be so
disapproved for a test after the tester has commenced
such test. The tester shall give 5 business days advance
written notice to the satellite carrier and to the affected
network station or stations. A signal intensity test con-
ducted in accordance with this subparagraph shall be deter-
minative of the signal strength received at that household
for purposes of determining whether the household is
capable of receiving a Grade B intensity signal.’’.
SEC. 210. SATELLITE CARRIAGE OF TELEVISION STATIONS IN NON-
CONTIGUOUS STATES.
Section 338(a) of the Communications Act of 1934 (47 U.S.C.
338(a)) is amended by adding at the end the following:
‘‘(4) CARRIAGE OF SIGNALS OF LOCAL STATIONS IN CERTAIN
MARKETS.—A satellite carrier that offers multichannel video
programming distribution service in the United States to more
than 5,000,000 subscribers shall (A) within 1 year after the
date of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, retransmit the signals origi-
nating as analog signals of each television broadcast station
Deadlines.
Notice.
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118 STAT. 3430
PUBLIC LAW 108–447—DEC. 8, 2004
located in any local market within a State that is not part
of the contiguous United States, and (B) within 30 months
after such date of enactment retransmit the signals originating
as digital signals of each such station. The retransmissions
of such stations shall be made available to substantially all
of the satellite carrier’s subscribers in each station’s local
market, and the retransmissions of the stations in at least
one market in the State shall be made available to substantially
all of the satellite carrier’s subscribers in areas of the State
that are not within a designated market area. The cost to
subscribers of such retransmissions shall not exceed the cost
of retransmissions of local television stations in other States.
Within 1 year after the date of enactment of that Act, the
Commission shall promulgate regulations concerning elections
by television stations in such State between mandatory carriage
pursuant to this section and retransmission consent pursuant
to section 325(b), which shall take into account the schedule
on which local television stations are made available to viewers
in such State.’’.
SEC. 211. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUB-
SCRIBERS.
Part I of title III of the Communications Act of 1934 (47
U.S.C. 301 et seq.) is amended by inserting after section 339 the
following:
‘‘SEC. 341. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUB-
SCRIBERS.
‘‘(a)(1) IN GENERAL.—A cable operator or satellite carrier may
elect to retransmit, to subscribers in an eligible county.—
‘‘(A) any television broadcast stations that are located in
the State in which the county is located and that any cable
operator or satellite carrier was retransmitting to subscribers
in the county on January 1, 2004; or
‘‘(B) up to 2 television broadcast stations located in the
State in which the county is located, if the number of television
broadcast stations that the cable operator or satellite carrier
is authorized to carry under paragraph (1) is less than 3.
‘‘(2) DEEMED SIGNIFICANTLY VIEWED.—A station described in
subsection (a) is deemed to be significantly viewed in the eligible
county within the meaning of section 76.54 of the Commission’s
regulations (47 CFR 76.54).
‘‘(3) DEFINITION OF ELIGIBLE COUNTY.—For purposes of this
section, the term ‘eligible county’ means any 1 of 4 counties that—
‘‘(A) are all in a single State;
‘‘(B) on January 1, 2004, were each in designated market
areas in which the majority of counties were located in another
State or States; and
‘‘(C) as a group had a combined total of 41,340 television
households according to the U.S. Television Household Esti-
mates by Nielsen Media Research for 2003–2004.
‘‘(4) LIMITATION.—Carriage of a station under this section shall
be at the option of the cable operator or satellite carrier.
‘‘(b) CERTAIN MARKETS .—Notwithstanding any other provision
of law, a satellite carrier may not carry the signal of a television
station into an adjacent local market that is comprised of only
a portion of a county, other than to unserved households located
in that county.’’.
47 USC 341.
Regulations.
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SEC. 212. DIGITAL TRANSITION SAVINGS PROVISION.
Nothing in the dates by which requirements or other provisions
are effective under this Act or the amendments made by this
Act shall be construed—
(1) to impair the authority of the Federal Communications
Commission to take any action with respect to the transition
by television broadcasters to the digital television service; or
(2) to require the Commission to take any such action.
SEC. 213. AUTHORIZING BROADCAST SERVICE IN UNSERVED AREAS
OF ALASKA.
Title III of the Communications Act of 1934 is amended as
follows:
(1) In section 307(c)(3)—
(A) by striking ‘‘any hearing’’ and inserting ‘‘any
administrative or judicial hearing’’; and
(B) by inserting ‘‘or section 402’’ after ‘‘section 405’’.
(2) In section 307, by adding at the end the following
new subsection:
‘‘(f) Notwithstanding any other provision of law, (1) any holder
of a broadcast license may broadcast to an area of Alaska that
otherwise does not have access to over the air broadcasts via trans-
lator, microwave, or other alternative signal delivery even if another
holder of a broadcast license begins broadcasting to such area,
(2) any holder of a broadcast license who has broadcast to an
area of Alaska that did not have access to over the air broadcasts
via translator, microwave, or other alternative signal delivery may
continue providing such service even if another holder of a broadcast
license begins broadcasting to such area, and shall not be fined
or subject to any other penalty, forfeiture, or revocation related
to providing such service including any fine, penalty, forfeiture,
or revocation for continuing to operate notwithstanding orders to
the contrary.’’.
(3) In section 312(g), by inserting before the period at
the end the following: ‘‘, except that the Commission may
extend or reinstate such station license if the holder of the
station license prevails in an administrative or judicial appeal,
the applicable law changes, or for any other reason to promote
equity and fairness. Any broadcast license revoked or termi-
nated in Alaska in a proceeding related to broadcasting via
translator, microwave, or other alternative signal delivery is
reinstated’’.
TITLE X—SNAKE RIVER WATER RIGHTS ACT OF 2004
SECTION 1. SHORT TITLE.
This title may be cited as the ‘‘Snake River Water Rights
Act of 2004’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to resolve some of the largest outstanding issues with
respect to the Snake River Basin Adjudication in Idaho in
such a manner as to provide important benefits to the United
States, the State of Idaho, the Nez Perce Tribe, the allottees,
and citizens of the State;
Snake River
Water Rights Act
of 2004.
Idaho.
Native
Americans.
47 USC 312.
47 USC 307.
47 USC 325 note.
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118 STAT. 3432
PUBLIC LAW 108–447—DEC. 8, 2004
(2) to achieve a fair, equitable, and final settlement of
all claims of the Nez Perce Tribe, its members, and allottees
and the United States on behalf of the Tribe, its members,
and allottees to the water of the Snake River Basin within
Idaho;
(3) to authorize, ratify, and confirm the Agreement among
the parties submitted to the Snake River Basin Adjudication
Court and provide all parties with the benefits of the Agree-
ment;
(4) to direct—
(A) the Secretary, acting through the Bureau of Rec-
lamation, the Bureau of Land Management, the Bureau
of Indian Affairs, and other agencies; and
(B) the heads of other Federal agencies authorized
to execute and perform actions necessary to carry out the
Agreement;
to perform all of their obligations under the Agreement and
this Act; and
(5) to authorize the actions and appropriations necessary
for the United States to meet the obligations of the United
States under the Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) AGREEMENT.—The term ‘‘Agreement’’ means the docu-
ment titled ‘‘Mediator’s Term Sheet’’ dated April 20, 2004,
and submitted on that date to the SRBA Court in SRBA
Consolidated Subcase 03–10022 and SRBA Consolidated
Subcase 67–13701, with all appendices to the document.
(2) ALLOTTEE.—The term ‘‘allottee’’ means a person that
holds a beneficial real property interest in an Indian allotment
that is—
(A) located within the Nez Perce Reservation; and
(B) held in trust by the United States.
(3) CONSUMPTIVE USE RESERVED WATER RIGHT.—The term
‘‘consumptive use reserved water right’’ means the Federal
reserved water right of 50,000 acre-feet per year, as described
in the Agreement, to be decreed to the United States in trust
for the Tribe and the allottees, with a priority date of 1855.
(4) PARTIES.—The term ‘‘parties’’ means the United States,
the State, the Tribe, and any other entity or person that sub-
mitted, or joined in the submission of, the Agreement to the
SRBA Court on April 20, 2004.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) SNAKE RIVER BASIN.—The term ‘‘Snake River Basin’’
means the geographic area in the State described in paragraph
3 of the Commencement Order issued by the SRBA Court
on November 19, 1987.
(7) SPRINGS
OR
FOUNTAINS
WATER
RIGHT.—The term
‘‘springs or fountains water right’’ means the Tribe’s treaty
right of access to and use of water from springs or fountains
on Federal public land within the area ceded by the Tribe
in the Treaty of June 9, 1863 (14 Stat. 647), as recognized
under the Agreement.
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118 STAT. 3433
PUBLIC LAW 108–447—DEC. 8, 2004
(8) SRBA.—The term ‘‘SRBA’’ means the Snake River Basin
Adjudication litigation before the SRBA Court styled as In
re Snake River Basin Adjudication, Case No. 39576.
(9) SRBA COURT.—The term ‘‘SRBA Court’’ means the Dis-
trict Court of the Fifth Judicial District of the State of Idaho,
In and For the County of Twin Falls in re Snake River Basin
Adjudication.
(10) STATE.—The term ‘‘State’’ means the State of Idaho.
(11) TRIBE.—The term ‘‘Tribe’’ means the Nez Perce Tribe.
SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREE-
MENT.
(a) IN GENERAL.—Except to the extent that the Agreement
conflicts with the express provisions of this Act, the Agreement
is approved, ratified, and confirmed.
(b) EXECUTION
AND PERFORMANCE.—The Secretary and the
other heads of Federal agencies with obligations under the Agree-
ment shall execute and perform all actions, consistent with this
Act, that are necessary to carry out the Agreement.
SEC. 5. BUREAU OF RECLAMATION WATER USE.
(a) IN GENERAL.—As part of the overall implementation of
the Agreement, the Secretary shall take such actions consistent
with the Agreement, this Act, and water law of the State as are
necessary to carry out the Snake River Flow Component of the
Agreement.
(b) MITIGATION FOR CHANGE OF USE OF WATER.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary $2,000,000 for a 1-
time payment to local governments to mitigate for the change
of use of water acquired by the Bureau of Reclamation under
section III.C.6 of the Agreement.
(2) DISTRIBUTION OF FUNDS.—Funds made available under
paragraph (1) shall be distributed by the Secretary to local
governments in accordance with a plan provided to the Sec-
retary by the State.
(3) PAYMENTS.—Payments by the Secretary shall be made
on a pro rata basis as water rights are acquired by the Bureau
of Reclamation.
SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER.
(a) TRANSFER.—
(1) IN GENERAL.—The Secretary shall transfer land selected
by the Tribe under paragraph (2) to the Bureau of Indian
Affairs to be held in trust for the Tribe.
(2) LAND
SELECTION.—The land transferred shall be
selected by the Tribe from a list of parcels of land managed
by the Bureau of Land Management that are available for
transfer, as depicted on the map entitled ‘‘North Idaho BLM
Land Eligible for Selection by the Nez Perce Tribe’’ dated
May 2004, on file with the Director of the Bureau of Land
Management, not including any parcel designated on the map
as being on the Clearwater River or Lolo Creek.
(3) MAXIMUM VALUE.—The land selected by the Tribe for
transfer shall be limited to a maximum value in total of not
more than $7,000,000, as determined by an independent
appraisal of fair market value prepared in accordance with
the Uniform Standards of Professional Appraisal Practice and
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118 STAT. 3434
PUBLIC LAW 108–447—DEC. 8, 2004
the Uniform Appraisal Standards for Federal Land Acquisi-
tions.
(b) EXISTING RIGHTS AND USES.—
(1) IN GENERAL.—On any land selected by the Tribe under
subsection (a)(2), any use in existence on the date of transfer
under subsection (a) under a lease or permit with the Bureau
of Land Management, including grazing, shall remain in effect
until the date of expiration of the lease or permit, unless
the holder of the lease or permit requests an earlier termination
of the lease or permit, in which case the Secretary shall grant
the request.
(2) AVAILABILITY OF AMOUNTS.—Amounts that accrue to
the United States under a lease or permit described in para-
graph (1) from sales, bonuses, royalties, and rentals relating
to any land transferred to the Tribe under this section shall
be made available to the Tribe by the Secretary in the same
manner as amounts received from other land held by the Sec-
retary in trust for the Tribe.
(c) DATE OF TRANSFER.—No land shall be transferred to the
Bureau of Indian Affairs to be held in trust for the Tribe under
this section until the waivers and releases under section 10(a)
take effect.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary $200,000 for 1-time payments to local govern-
ments to mitigate for the transfer of land by the Bureau of
Land Management to the Tribe under section I.F of the Agree-
ment.
(2) PAYMENTS.—Payments under paragraph (1) shall be
made on a pro rata basis as parcels of land are acquired
by the Tribe.
SEC. 7. WATER RIGHTS.
(a) HOLDING IN TRUST.—
(1) IN GENERAL.—The consumptive use reserved water right
shall—
(A) be held in trust by the United States for the benefit
of the Tribe and allottees as set forth in this section;
and
(B) be subject to section 7 of the Act of February
8, 1887 (25 U.S.C. 381).
(2) SPRINGS OR FOUNTAINS WATER RIGHT.—The springs or
fountains water right of the Tribe shall be held in trust by
the United States for the benefit of the Tribe.
(3) ALLOTTEES.—Allottees shall be entitled to a just and
equitable allocation of the consumptive use reserved water right
for irrigation purposes.
(b) WATER CODE.—
(1) ENACTMENT OF WATER CODE.—Not later than 3 years
after the date of enactment of this Act, the Tribe shall enact
a water code, subject to any applicable provision of law, that—
(A) manages, regulates, and controls the consumptive
use reserved water right so as to allocate water for irriga-
tion, domestic, commercial, municipal, industrial, cultural,
or other uses; and
(B) includes, subject to approval of the Secretary—
Deadline.
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118 STAT. 3435
PUBLIC LAW 108–447—DEC. 8, 2004
(i) a due process system for the consideration and
determination of any request by an allottee, or any
successor in interest to an allottee, for an allocation
of such water for irrigation purposes on allotted land,
including a process for an appeal and adjudication
of denied or disputed distribution of water and for
resolution of contested administrative decisions; and
(ii) a process to protect the interests of allottees
when entering into any lease under subsection (e).
(2) SECRETARIAL APPROVAL.—Any provision of the water
code and any amendments to the water code that affect the
rights of the allottees shall be subject to approval by the Sec-
retary, and no such provision or amendment shall be valid
until approved by the Secretary.
(3) INTERIM ADMINISTRATION.—The Secretary shall admin-
ister the consumptive use reserved water right until such date
as the water code described in paragraph (2) has been enacted
by the Tribe and the Secretary has approved the relevant
portions of the water code.
(c) EXHAUSTION
OF REMEDIES.—Before asserting any claim
against the United States under section 7 of the Act of February
8, 1887 (25 U.S.C. 381) or other applicable law, a claimant shall
exhaust remedies available under the Tribe’s water code and Tribal
law.
(d) PETITION TO THE SECRETARY.—Following exhaustion of rem-
edies in accordance with subsection (c), a claimant may petition
the Secretary for relief.
(e) SATISFACTION OF CLAIMS.—
(1) IN
GENERAL.—The water rights and other benefits
granted or confirmed by the Agreement and this Act shall
be in full satisfaction of all claims for water rights and injuries
to water rights of the allottees.
(2) SATISFACTION OF ENTITLEMENTS.—Any entitlement to
water of any allottee under Federal law shall be satisfied out
of the consumptive use reserved water right.
(3) COMPLETE SUBSTITUTION.—The water rights, resources,
and other benefits provided by this Act are a complete substi-
tution for any rights that may have been held by, or any
claims that may have been asserted by, allottees within the
exterior boundaries of the Reservation before the date of enact-
ment of this Act.
(f) ABANDONMENT, FORFEITURE, OR NONUSE.—The consumptive
use reserved water right and the springs or fountains water right
shall not be subject to loss by abandonment, forfeiture, or nonuse.
(g) LEASE OF WATER.—
(1) IN
GENERAL.—Subject to the water code, the Tribe,
without further approval of the Secretary, may lease water
to which the Tribe is entitled under the consumptive use
reserved water right through any State water bank in the
same manner and subject to the same rules and requirements
that govern any other lessor of water to the water bank.
(2) FUNDS.—Any funds accruing to the Tribe from any
lease under paragraph (1) shall be the property of the Tribe,
and the United States shall have no trust obligation or other
obligation to monitor, administer, or account for any consider-
ation received by the Tribe under any such lease.
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118 STAT. 3436
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SEC. 8. TRIBAL FUNDS.
(a) DEFINITION OF FUND.—In this section, the term ‘‘Fund’’
means—
(1) the Nez Perce Tribe Water and Fisheries Fund estab-
lished under subsection (b)(1); and
(2) the Nez Perce Tribe Domestic Water Supply Fund estab-
lished under subsection (b)(2).
(b) ESTABLISHMENT.—There are established in the Treasury
of the United States—
(1) a fund to be known as the ‘‘Nez Perce Tribe Water
and Fisheries Fund’’, to be used to pay or reimburse costs
incurred by the Tribe in acquiring land and water rights,
restoring or improving fish habitat, or for fish production, agri-
cultural development, cultural preservation, water resource
development, or fisheries-related projects; and
(2) a fund to be known as the ‘‘Nez Perce Domestic Water
Supply Fund’’, to be used to pay the costs for design and
construction of water supply and sewer systems for tribal
communities, including a water quality testing laboratory.
(c) MANAGEMENT OF THE FUNDS.—The Secretary shall manage
the Funds, make investments from the Funds, and make amounts
available from the Funds for distribution to the Tribe consistent
with the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001 et seq.), this Act, and the Agreement.
(d) INVESTMENT OF THE FUNDS.—The Secretary shall invest
amounts in the Funds in accordance with—
(1) the Act of April 1, 1880 (25 U.S.C. 161; 21 Stat. 70,
chapter 41);
(2) the first section of the Act of June 24, 1938 (25 U.S.C.
162a; 52 Stat. 1037, chapter 648); and
(3) subsection (c).
(e) AVAILABILITY
OF AMOUNTS FROM
THE FUNDS.—Amounts
made available under subsection (h) shall be available for expendi-
ture or withdrawal only after the waivers and releases under section
10(a) take effect.
(f) EXPENDITURES AND WITHDRAWAL.—
(1) TRIBAL MANAGEMENT PLAN.—
(A) IN GENERAL.—The Tribe may withdraw all or part
of amounts in the Funds on approval by the Secretary
of a tribal management plan as described in the American
Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(B) REQUIREMENTS.—In addition to the requirements
under the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan shall require that the Tribe spend any
amounts withdrawn from the Funds in accordance with
the purposes described in subsection (b).
(C) ENFORCEMENT.—The Secretary may take judicial
or administrative action to enforce the provisions of any
tribal management plan to ensure that any amounts with-
drawn from the Funds under the plan are used in accord-
ance with this Act and the Agreement.
(D) LIABILITY.—If the Tribe exercises the right to with-
draw amounts from the Funds, neither the Secretary nor
the Secretary of the Treasury shall retain any liability
for the expenditure or investment of the amounts.
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118 STAT. 3437
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(2) EXPENDITURE PLAN.—
(A) IN GENERAL.—The Tribe shall submit to the Sec-
retary for approval an expenditure plan for any portion
of the amounts made available under subsection (h) that
the Tribe does not withdraw under this subsection.
(B) DESCRIPTION.—The expenditure plan shall describe
the manner in which, and the purposes for which, amounts
of the Tribe remaining in the Funds will be used.
(C) APPROVAL.—On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is reasonable
and consistent with this Act and the Agreement.
(D) ANNUAL REPORT.—For each Fund, the Tribe shall
submit to the Secretary an annual report that describes
all expenditures from the Fund during the year covered
by the report.
(g) NO PER CAPITA PAYMENTS.—No part of the principal of
the Funds, or of the income accruing in the Funds, shall be distrib-
uted to any member of the Tribe on a per capita basis.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated—
(1) to the Nez Perce Tribe Water and Fisheries Fund—
(A) for fiscal year 2007, $7,830,000;
(B) for fiscal year 2008, $4,730,000;
(C) for fiscal year 2009, $7,380,000;
(D) for fiscal year 2010, $10,080,000;
(E) for fiscal year 2011, $11,630,000;
(F) for fiscal year 2012, $9,450,000; and
(G) for fiscal year 2013, $9,000,000; and
(2) to the Nez Perce Tribe Domestic Water Supply Fund—
(A) for fiscal year 2007, $5,100,000;
(B) for fiscal year 2008, $8,200,000;
(C) for fiscal year 2009, $5,550,000;
(D) for fiscal year 2010, $2,850,000; and
(E) for fiscal year 2011, $1,300,000.
SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND.
(a) ESTABLISHMENT OF FUND.—
(1) IN GENERAL.—There is established in the Treasury of
the United States a fund to be known as the ‘‘Salmon and
Clearwater River Basins Habitat Fund’’ (referred to in this
section as the ‘‘Fund’’), to be administered by the Secretary.
(2) ACCOUNTS.—There is established within the Fund—
(A) an account to be known as the ‘‘Nez Perce Tribe
Salmon and Clearwater River Basins Habitat Account’’,
which shall be administered by the Secretary for use by
the Tribe subject to the same provisions for management,
investment, and expenditure as the funds established by
section 8; and
(B) an account to be known as the ‘‘Idaho Salmon
and Clearwater River Basins Habitat Account’’, which shall
be administered by the Secretary and provided to the State
as provided in the Agreement and this Act.
(b) USE OF THE FUND.—
(1) IN GENERAL.—The Fund shall be used to supplement
amounts made available under any other law for habitat protec-
tion and restoration in the Salmon and Clearwater River Basins
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in Idaho, including projects and programs intended to protect
and restore listed fish and their habitat in those basins, as
specified in the Agreement and this Act.
(2) RELEASE OF FUNDS.—The Secretary shall release funds
from the Idaho Salmon and Clearwater River Basins Habitat
Account in accordance with section 6(d)(2) of the Endangered
Species Act (16 U.S.C. 1535(d)(2)).
(3) NO ALLOCATION REQUIREMENT.—The use of the Fund
shall not be subject to the allocation procedures under section
6(d)(1) of the Endangered Species Act of 1973 (16 U.S.C.
1535(d)(1)).
(c) AVAILABILITY OF AMOUNTS IN THE FUND.—Amounts made
available under subsection (d) shall be available for expenditure
or withdrawal only after the waivers and releases under section
10(a) take effect.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated—
(1) to the Nez Perce Tribe Salmon and Clearwater River
Basins Habitat Account, $2,533,334 for each of fiscal years
2007 through 2011; and
(2) to the Idaho Salmon and Clearwater River Basins
Habitat Account, $5,066,666 for each of fiscal years 2007
through 2011.
SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS.
(a) WAIVER AND RELEASE OF CLAIMS IN GENERAL.—
(1) CLAIMS
TO
WATER
RIGHTS; CLAIMS
FOR
INJURIES
TO
WATER RIGHTS OR TREATY RIGHTS.—Except as otherwise pro-
vided in this Act, the United States on behalf of the Tribe
and the allottees, and the Tribe, waive and release—
(A) all claims to water rights within the Snake River
Basin (as defined in section 3);
(B) all claims for injuries to such water rights; and
(C) all claims for injuries to the treaty rights of the
Tribe to the extent that such injuries result or resulted
from flow modifications or reductions in the quantity of
water available that accrued at any time up to and
including the effective date of the settlement, and any
continuation thereafter of any such claims, against the
State, any agency or political subdivision of the State,
or any person, entity, corporation, municipal corporation,
or quasi-municipal corporation.
(2) CLAIMS BASED ON REDUCED WATER QUALITY OR REDUC-
TIONS IN WATER QUANTITY.—The United States on behalf of
the Tribe and the allottees, and the Tribe, waive and release
any claim, under any treaty theory, based on reduced water
quality resulting directly from flow modifications or reductions
in the quantity of water available in the Snake River Basin
against any party to the Agreement.
(3) NO FUTURE ASSERTION OF CLAIMS.—No water right claim
that the Tribe or the allottees have asserted or may in the
future assert outside the Snake River Basin shall require water
to be supplied from the Snake River Basin to satisfy the claim.
(4) EFFECT OF WAIVERS AND RELEASES.—The waivers and
releases by the United States and the Tribe under this
subsection—
(A) shall be permanent and enforceable; and
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(B) shall survive any subsequent termination of any
component of the settlement described in the Agreement
or this Act.
(5) EFFECTIVE DATE.—The waivers and releases under this
subsection shall take effect on the date on which the Secretary
causes to be published in the Federal Register a statement
of findings that the actions set forth in section IV.L of the
Agreement—
(A) have been completed, including issuance of a judg-
ment and decree by the SRBA court from which no further
appeal may be taken; and
(B) have been determined by the United States on
behalf of the Tribe and the allottees, the Tribe, and the
State of Idaho to be consistent in all material aspects
with the Agreement.
(b) WAIVER
AND RELEASE
OF CLAIMS AGAINST
THE UNITED
STATES.—
(1) IN GENERAL.—In consideration of performance by the
United States of all actions required by the Agreement and
this Act, including the appropriation of all funds authorized
under sections 8(h) and 9(d)(1), the Tribe shall execute a waiver
and release of the United States from—
(A) all claims for water rights within the Snake River
Basin, injuries to such water rights, or breach of trust
claims for failure to protect, acquire, or develop such water
rights that accrued at any time up to and including the
effective date determined under paragraph (2);
(B) all claims for injuries to the Tribe’s treaty fishing
rights, to the extent that such injuries result or resulted
from reductions in the quantity of water available in the
Snake River Basin;
(C) all claims of breach of trust for failure to protect
Nez Perce springs or fountains treaty rights reserved in
article VIII of the Treaty of June 9, 1863 (14 Stat. 651);
and
(D) all claims of breach of trust arising out of the
negotiation of or resulting from the adoption of the Agree-
ment.
(2) EFFECTIVE DATE.—
(A) IN GENERAL.—The waiver and release contained
in this subsection shall take effect on the date on which
the amounts authorized under sections 8(h) and 9(d)(1)
are appropriated.
(B) PERIODS OF LIMITATION; EQUITABLE CLAIMS.—
(i) IN GENERAL.—All periods of limitation and time-
based equitable defenses applicable to the claims set
forth in paragraph (1) are tolled for the period between
the date of enactment of this Act until the earlier
of—
(I) the date on which the amounts authorized
under sections 8(h) and 9(d)(1) are appropriated;
or
(II) October 1, 2017.
(ii) EFFECT
OF
SUBPARAGRAPH.—This subpara-
graph neither revives any claim nor tolls any period
of limitation or time-based equitable defense that may
have expired before the date of enactment of this Act.
Federal Register,
publication.
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(3) DEFENSE.—The making of the amounts of appropria-
tions authorized under sections 8(h) and 9(d)(1) shall constitute
a complete defense to any claim pending in any court of the
United States on the date on which the appropriations are
made.
(c) RETENTION OF RIGHTS.—
(1) IN
GENERAL.—The Tribe shall retain all rights not
specifically waived or released in the Agreement or this Act.
(2) DWORSHAK PROJECT.—Nothing in the Agreement or this
Act constitutes a waiver by the Tribe of any claim against
the United States resulting from the construction and operation
of the Dworshak Project (Project PWI 05090), other than those
specified in subparagraphs (A) and (B) of subsection (b)(1).
(3) FUTURE
ACQUISITION
OF
WATER
RIGHTS.—Nothing in
the Agreement or this Act precludes the Tribe or allottees,
or the United States as trustee for the Tribe or allottees,
from purchasing or otherwise acquiring water rights in the
future to the same extent as any other entity in the State.
SEC. 11. MISCELLANEOUS.
(a) GENERAL DISCLAIMER.—The parties expressly reserve all
rights not specifically granted, recognized, or relinquished by the
settlement described in the Agreement or this Act.
(b) DISCLAIMER REGARDING OTHER AGREEMENTS AND PRECE-
DENT.—
(1) IN GENERAL.—Subject to section 9(b)(3), nothing in this
Act amends, supersedes, or preempts any State law, Federal
law, Tribal law, or interstate compact that pertains to the
Snake River Basin.
(2) NO
ESTABLISHMENT
OF
STANDARD.—Nothing in this
Act—
(A) establishes any standard for the quantification of
Federal reserved water rights or any other Indian water
claims of any other Indian tribes in any other judicial
or administrative proceeding; or
(B) limits the rights of the parties to litigate any issue
not resolved by the Agreement or this Act.
(3) NO ADMISSION AGAINST INTEREST.—Nothing in this Act
constitutes an admission against interest against any party
in any legal proceeding.
(c) TREATY RIGHTS.—Nothing in the Agreement or this Act
impairs the treaty fishing, hunting, pasturing, or gathering rights
of the Tribe except to the extent expressly provided in the Agree-
ment or this Act.
(d) OTHER CLAIMS.—Nothing in the Agreement or this Act
quantifies or otherwise affects the water rights, claims, or entitle-
ments to water, or any other treaty right, of any Indian tribe,
band, or community other than the Tribe.
(e) RECREATION ON DWORSHAK RESERVOIR.—
(1) IN GENERAL.—In implementing the provisions of the
Agreement and this Act relating to the use of water stored
in Dworshak Reservoir for flow augmentation purposes, the
heads of the Federal agencies involved in the operational Memo-
randum of Agreement referred to in the Agreement shall imple-
ment a flow augmentation plan beneficial to fish and consistent
with the Agreement.
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(2) CONTENTS OF PLAN.—The flow augmentation plan may
include provisions beneficial to recreational uses of the reservoir
through maintenance of the full level of the reservoir for pro-
longed periods during the summer months.
(f) JURISDICTION.—
(1) NO EFFECT ON SUBJECT MATTER JURISDICTION.—Nothing
in the Agreement or this Act restricts, enlarges, or otherwise
determines the subject matter jurisdiction of any Federal, State,
or Tribal court.
(2) CONSENT TO JURISDICTION.—The United States consents
to jurisdiction in a proper forum for purposes of enforcing
the provisions of the Agreement.
(3) EFFECT
OF
SUBSECTION.—Nothing in this subsection
confers jurisdiction on any State court to—
(A) enforce Federal environmental laws regarding the
duties of the United States; or
(B) conduct judicial review of Federal agency action.
DIVISION K—SMALL BUSINESS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This division may be cited as the ‘‘Small
Business Reauthorization and Manufacturing Assistance Act of
2004’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
TITLE I—SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING
Sec. 1. Short title; table of contents.
Subtitle A—Small manufacturers assistance
Sec. 101. Express loans.
Sec. 102. Loan guarantee fees.
Sec. 103. Increase in guarantee amount and institution of associated fee.
Sec. 104. Debenture size.
Sec. 105. Job requirements.
Sec. 106. Report regarding national database of small manufacturers.
Sec. 107. International trade.
Subtitle B—Authorizations
CHAPTER 1—PROGRAM AUTHORIZATION LEVELS AND ADDITIONAL REAUTHORIZATIONS
Sec. 121. Program authorization levels.
Sec. 122. Additional reauthorizations.
CHAPTER 2—PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS
AND SUNDRY AMENDMENTS
Sec. 123. Paul D. Coverdell drug-free workplace program authorization provisions.
Sec. 124. Grant provisions.
Sec. 125. Drug-free communities coalitions as eligible intermediaries.
Sec. 126. Promotion of effective practices of eligible intermediaries.
Sec. 127. Report to Congress.
Subtitle C—Administration Management
Sec. 131. Lender examination and review fees.
Sec. 132. Gifts and co-sponsorship of events.
Subtitle D—Entrepreneurial development programs
CHAPTER 1—OFFICE OF ENTREPRENEURIAL DEVELOPMENT
Sec. 141. Service Corps of Retired Executives.
Sec. 142. Small business development center program.
Small Business
Reauthorization
and
Manufacturing
Assistance Act of
2004.
15 USC 631 note.
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PUBLIC LAW 108–447—DEC. 8, 2004
CHAPTER 2—OFFICE OF VETERANS BUSINESS DEVELOPMENT
Sec. 143. Advisory Committee on Veterans Business Affairs.
Sec. 144. Outreach grants for veterans.
Sec. 145. Authorization of appropriations.
Sec. 146. National Veterans Business Development Corporation.
CHAPTER 3—MANUFACTURING AND ENTREPRENEURIAL DEVELOPMENT
Sec. 147. Small Business Manufacturing Task Force.
Subtitle E—HUBZone Program
Sec. 151. Streamlining and revision of HUBZone eligibility requirements.
Sec. 152. Expansion of qualified areas.
Sec. 153. Price evaluation preference.
Sec. 154. HUBZone Authorizations.
Sec. 155. Participation in federally funded projects.
Subtitle F—Small business lending companies
Sec. 161. Supervisory and enforcement authority for small business lending compa-
nies.
Sec. 162. Definitions relating to small business lending companies.
TITLE II—MISCELLANEOUS AMENDMENTS
Sec. 201. Amendment to definition of equity capital with respect to issuers of par-
ticipating securities.
Sec. 202. Investment of excess funds.
Sec. 203. Surety bond amendments.
Sec. 204. Effective date for certain fees.
TITLE I—SMALL BUSINESS REAUTHOR-
IZATION AND MANUFACTURING
Subtitle A—Small Manufacturers
Assistance
SEC. 101. EXPRESS LOANS.
(a) IN GENERAL.—Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended by adding at the end the following:
‘‘(31) EXPRESS LOANS.—
‘‘(A) DEFINITIONS.—As used in this paragraph:
‘‘(i) The term ‘express lender’ means any lender
authorized by the Administration to participate in the
Express Loan Program.
‘‘(ii) The term ‘express loan’ means any loan made
pursuant to this paragraph in which a lender utilizes
to the maximum extent practicable its own loan anal-
yses, procedures, and documentation.
‘‘(iii) The term ‘Express Loan Program’ means the
program for express loans established by the Adminis-
tration under paragraph (25)(B), as in existence on
April 5, 2004, with a guaranty rate of not more than
50 percent.
‘‘(B) RESTRICTION TO EXPRESS LENDER.—The authority
to make an express loan shall be limited to those lenders
deemed qualified to make such loans by the Administration.
Designation as an express lender for purposes of making
an express loan shall not prohibit such lender from taking
any other action authorized by the Administration for that
lender pursuant to this subsection.
‘‘(C) GRANDFATHERING
OF
EXISTING
LENDERS.—Any
express lender shall retain such designation unless the
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Administration determines that the express lender has vio-
lated the law or regulations promulgated by the Adminis-
tration or modifies the requirements to be an express lender
and the lender no longer satisfies those requirements.
‘‘(D) MAXIMUM
LOAN
AMOUNT.—The maximum loan
amount under the Express Loan Program is $350,000.
‘‘(E) OPTION TO PARTICIPATE.—Except as otherwise pro-
vided in this paragraph, the Administration shall take
no regulatory, policy, or administrative action, without
regard to whether such action requires notification pursu-
ant to paragraph (24), that has the effect of requiring
a lender to make an express loan pursuant to subparagraph
(D).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of enactment of this Act.
SEC. 102. LOAN GUARANTEE FEES.
(a) ADDITIONAL GUARANTEE FEE LEVEL.—Section 7(a)(18)(A)
of the Small Business Act (15 U.S.C. 636(a)(18)(A)) is amended
to read as follows:
‘‘(A) IN GENERAL.—With respect to each loan guaran-
teed under this subsection (other than a loan that is repay-
able in 1 year or less), the Administration shall collect
a guarantee fee, which shall be payable by the participating
lender, and may be charged to the borrower, as follows:
‘‘(i) A guarantee fee not to exceed 2 percent of
the deferred participation share of a total loan amount
that is not more than $150,000.
‘‘(ii) A guarantee fee not to exceed 3 percent of
the deferred participation share of a total loan amount
that is more than $150,000, but not more than
$700,000.
‘‘(iii) A guarantee fee not to exceed 3.5 percent
of the deferred participation share of a total loan
amount that is more than $700,000.
‘‘(iv) In addition to the fee under clause (iii), a
guarantee fee equal to 0.25 percent of any portion
of the deferred participation share that is more than
$1,000,000.’’.
(b) CLERICAL AMENDMENT.—Section 7(a)(18) of the Small Busi-
ness Act (15 U.S.C. 636(a)(18)) is amended by striking subparagraph
(C).
(c) YEARLY FEE.—Section 7(a)(23) of the Small Business Act
(15 U.S.C. 636(a)(23)) is amended—
(1) in the heading, by striking ‘‘ANNUAL’’ and inserting
‘‘YEARLY’’;
(2) by striking subparagraph (A) and inserting the fol-
lowing:
‘‘(A) IN GENERAL.—With respect to each loan approved
under this subsection, the Administration shall assess, col-
lect, and retain a fee, not to exceed 0.55 percent per year
of the outstanding balance of the deferred participation
share of the loan, in an amount established once annually
by the Administration in the Administration’s annual
budget request to Congress, as necessary to reduce to zero
the cost to the Administration of making guarantees under
this subsection. As used in this paragraph, the term ‘cost’
15 USC 636 note.
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118 STAT. 3444
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has the meaning given that term in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a).’’;
(3) in subparagraph (B), by striking ‘‘annual’’ and inserting
‘‘yearly’’; and
(4) by adding at the end the following:
‘‘(C) LOWERING OF BORROWER FEES.—If the Administra-
tion determines that fees paid by lenders and by small
business borrowers for guarantees under this subsection
may be reduced, consistent with reducing to zero the cost
to the Administration of making such guarantees—
‘‘(i) the Administration shall first consider reducing
fees paid by small business borrowers under clauses
(i) through (iii) of paragraph (18)(A), to the maximum
extent possible; and
‘‘(ii) fees paid by small business borrowers shall
not be increased above the levels in effect on the date
of enactment of this subparagraph.’’.
SEC. 103. INCREASE IN GUARANTEE AMOUNT AND INSTITUTION OF
ASSOCIATED FEE.
(a) INCREASE IN AMOUNT PERMITTED TO BE OUTSTANDING AND
COMMITTED.—Section 7(a)(3)(A) of the Small Business Act (15
U.S.C. 636(a)(3)(A)) is amended by striking ‘‘$1,000,000’’ and
inserting ‘‘$1,500,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of enactment of this Act.
SEC. 104. DEBENTURE SIZE.
Section 502(2) of the Small Business Investment Act of 1958
(15 U.S.C. 696(2)) is amended to read as follows:
‘‘(2) MAXIMUM AMOUNT.—
‘‘(A) IN GENERAL.—Loans made by the Administration
under this section shall be limited to—
‘‘(i) $1,500,000 for each small business concern
if the loan proceeds will not be directed toward a
goal or project described in subparagraph (B) or (C);
‘‘(ii) $2,000,000 for each small business concern
if the loan proceeds will be directed toward 1 or more
of the public policy goals described under section
501(d)(3); and
‘‘(iii) $4,000,000 for each project of a small manu-
facturer.
‘‘(B) DEFINITION.—As used in this paragraph, the term
‘small manufacturer’ means a small business concern—
‘‘(i) the primary business of which is classified
in sector 31, 32, or 33 of the North American Industrial
Classification System; and
‘‘(ii) all of the production facilities of which are
located in the United States.’’.
SEC. 105. JOB REQUIREMENTS.
Section 501 of the Small Business Investment Act of 1958
(15 U.S.C. 695) is amended by adding at the end the following:
‘‘(e)(1) A project meets the objective set forth in subsection
(d)(1) if the project creates or retains one job for every $50,000
guaranteed by the Administration, except that the amount is
$100,000 in the case of a project of a small manufacturer.
15 USC 636 note.
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‘‘(2) Paragraph (1) does not apply to a project for which eligi-
bility is based on the objectives set forth in paragraph (2) or (3)
of subsection (d), if the development company’s portfolio of out-
standing debentures creates or retains one job for every $50,000
guaranteed by the Administration.
‘‘(3) For projects in Alaska, Hawaii, State-designated enterprise
zones, empowerment zones and enterprise communities, labor sur-
plus areas, as determined by the Secretary of Labor, and for other
areas designated by the Administrator, the development company’s
portfolio may average not more than $75,000 per job created or
retained.
‘‘(4) Loans for projects of small manufacturers shall be excluded
from calculations under paragraph (2) or (3).
‘‘(5) Under regulations prescribed by the Administrator, the
Administrator may waive, on a case-by-case basis or by regulation,
any requirement of this subsection (other than paragraph (4)).
With respect to any waiver the Administrator is prohibited from
adopting a dollar amount that is lower than the amounts set forth
in paragraphs (1), (2), and (3).
‘‘(6) As used in this subsection, the term ‘small manufacturer’
means a small business concern—
‘‘(A) the primary business of which is classified in sector
31, 32, or 33 of the North American Industrial Classification
System; and
‘‘(B) all of the production facilities of which are located
in the United States.’’.
SEC. 106. REPORT REGARDING NATIONAL DATABASE OF SMALL MANU-
FACTURERS.
(a) STUDY AND REPORT.—The Administrator, in consultation
with the Association of Small Business Development Centers
authorized by section 21(k) of the Small Business Act (15 U.S.C.
648(k)), shall—
(1) study the feasibility of creating a national database
of small manufacturers that institutions of higher education
could access for purposes of meeting procurement needs; and
(2) not later than 1 year after the date of enactment of
this Act, submit a report to the Congress regarding the findings
and conclusions of such study.
(b) COST ESTIMATE.—The report referred to in subsection (a)(2)
shall include an estimate of the cost of creating and maintaining
the database described in subsection (a)(1).
(c) DEFINITION.—As used in this section, the term ‘‘small manu-
facturer’’ means a small business concern—
(1) the primary business of which is classified in sector
31, 32, or 33 of the North American Industrial Classification
System; and
(2) all of the production facilities of which are located
in the United States.
SEC. 107. INTERNATIONAL TRADE.
(a) IN GENERAL.—Section 7(a)(16) of the Small Business Act
(15 U.S.C. 636(a)(16)) is amended to read as follows:
‘‘(16) INTERNATIONAL TRADE.—
‘‘(A) IN
GENERAL.—If the Administrator determines
that a loan guaranteed under this subsection will allow
an eligible small business concern that is engaged in or
adversely affected by international trade to improve its
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118 STAT. 3446
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competitive position, the Administrator may make such
loan to assist such concern in—
‘‘(i) the financing of the acquisition, construction,
renovation, modernization, improvement, or expansion
of productive facilities or equipment to be used in
the United States in the production of goods and serv-
ices involved in international trade; or
‘‘(ii) the refinancing of existing indebtedness that
is not structured with reasonable terms and conditions.
‘‘(B) SECURITY.—Each loan made under this paragraph
shall be secured by a first lien position or first mortgage
on the property or equipment financed by the loan or
on other assets of the small business concern.
‘‘(C) ENGAGED IN INTERNATIONAL TRADE.—For purposes
of this paragraph, a small business concern is engaged
in international trade if, as determined by the Adminis-
trator, the small business concern is in a position to expand
existing export markets or develop new export markets.
‘‘(D) ADVERSELY AFFECTED BY INTERNATIONAL TRADE.—
For purposes of this paragraph, a small business concern
is adversely affected by international trade if, as deter-
mined by the Administrator, the small business concern—
‘‘(i) is confronting increased competition with for-
eign firms in the relevant market; and
‘‘(ii) is injured by such competition.
‘‘(E) FINDINGS
BY
CERTAIN
FEDERAL
AGENCIES.—For
purposes of subparagraph (D)(ii) the Administrator shall
accept any finding of injury by the International Trade
Commission or any finding of injury by the Secretary of
Commerce pursuant to chapter 3 of title II of the Trade
Act of 1974.’’.
(b) LIMITATION INCREASE.—Section 7(a)(3)(B) of the Small Busi-
ness Act (15 U.S.C. 636(a)(3)(B)) is amended—
(1) by striking ‘‘$1,250,000’’ and inserting ‘‘$1,750,000’’; and
(2) by striking ‘‘$750,000’’ and inserting ‘‘$1,250,000’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of enactment of this Act.
Subtitle B—Authorizations
CHAPTER 1—PROGRAM AUTHORIZATION LEVELS AND
ADDITIONAL REAUTHORIZATIONS
SEC. 121. PROGRAM AUTHORIZATION LEVELS.
Section 20 of the Small Business Act (15 U.S.C. 631 note)
is amended—
(1) in subsection (a)(1), by striking ‘‘certification’’ each place
it appears in subparagraphs (D) and (E) and inserting ‘‘accredi-
tation’’; and
(2) by striking subsections (c) through (i) and inserting
the following:
‘‘(c) DISASTER MITIGATION PILOT PROGRAM.—The following pro-
gram levels are authorized for loans under section 7(b)(1)(C):
‘‘(1) $15,000,000 for fiscal year 2005.
‘‘(2) $15,000,000 for fiscal year 2006.
‘‘(d) FISCAL YEAR 2005.—
15 USC 636 note.
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‘‘(1) PROGRAM LEVELS.—The following program levels are
authorized for fiscal year 2005:
‘‘(A) For the programs authorized by this Act, the
Administration is authorized to make—
‘‘(i) $75,000,000 in technical assistance grants, as
provided in section 7(m); and
‘‘(ii) $105,000,000 in direct loans, as provided in
7(m).
‘‘(B) For the programs authorized by this Act, the
Administration is authorized to make $23,050,000,000 in
deferred participation loans and other financings. Of such
sum, the Administration is authorized to make—
‘‘(i) $16,500,000,000 in general business loans, as
provided in section 7(a);
‘‘(ii) $6,000,000,000 in certified development com-
pany financings, as provided in section 7(a)(13) and
as provided in section 504 of the Small Business Invest-
ment Act of 1958;
‘‘(iii) $500,000,000 in loans, as provided in section
7(a)(21); and
‘‘(iv) $50,000,000 in loans, as provided in section
7(m).
‘‘(C) For the programs authorized by title III of the
Small Business Investment Act of 1958, the Administration
is authorized to make—
‘‘(i) $4,250,000,000 in purchases of participating
securities; and
‘‘(ii) $3,250,000,000 in guarantees of debentures.
‘‘(D) For the programs authorized by part B of title
IV of the Small Business Investment Act of 1958, the
Administration is authorized to enter into guarantees not
to exceed $6,000,000,000, of which not more than 50 percent
may be in bonds approved pursuant to section 411(a)(3)
of that Act.
‘‘(E) The Administration is authorized to make grants
or enter into cooperative agreements for a total amount
of $7,000,000 for the Service Corps of Retired Executives
program authorized by section 8(b)(1).
‘‘(2) ADDITIONAL AUTHORIZATIONS.—
‘‘(A) There are authorized to be appropriated to the
Administration for fiscal year 2005 such sums as may
be necessary to carry out the provisions of this Act not
elsewhere provided for, including administrative expenses
and necessary loan capital for disaster loans pursuant to
section 7(b), and to carry out the Small Business Invest-
ment Act of 1958, including salaries and expenses of the
Administration.
‘‘(B) Notwithstanding any other provision of this para-
graph, for fiscal year 2005—
‘‘(i) no funds are authorized to be used as loan
capital for the loan program authorized by section
7(a)(21) except by transfer from another Federal
department or agency to the Administration, unless
the program level authorized for general business loans
under paragraph (1)(B)(i) is fully funded; and
‘‘(ii) the Administration may not approve loans
on its own behalf or on behalf of any other Federal
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department or agency, by contract or otherwise, under
terms and conditions other than those specifically
authorized under this Act or the Small Business Invest-
ment Act of 1958, except that it may approve loans
under section 7(a)(21) of this Act in gross amounts
of not more than $2,000,000.
‘‘(e) FISCAL YEAR 2006.—
‘‘(1) PROGRAM LEVELS.—The following program levels are
authorized for fiscal year 2006:
‘‘(A) For the programs authorized by this Act, the
Administration is authorized to make—
‘‘(i) $80,000,000 in technical assistance grants, as
provided in section 7(m); and
‘‘(ii) $110,000,000 in direct loans, as provided in
7(m).
‘‘(B) For the programs authorized by this Act, the
Administration is authorized to make $25,050,000,000 in
deferred participation loans and other financings. Of such
sum, the Administration is authorized to make—
‘‘(i) $17,000,000,000 in general business loans, as
provided in section 7(a);
‘‘(ii) $7,500,000,000 in certified development com-
pany financings, as provided in section 7(a)(13) and
as provided in section 504 of the Small Business Invest-
ment Act of 1958;
‘‘(iii) $500,000,000 in loans, as provided in section
7(a)(21); and
‘‘(iv) $50,000,000 in loans, as provided in section
7(m).
‘‘(C) For the programs authorized by title III of the
Small Business Investment Act of 1958, the Administration
is authorized to make—
‘‘(i) $4,500,000,000 in purchases of participating
securities; and
‘‘(ii) $3,500,000,000 in guarantees of debentures.
‘‘(D) For the programs authorized by part B of title
IV of the Small Business Investment Act of 1958, the
Administration is authorized to enter into guarantees not
to exceed $6,000,000,000, of which not more than 50 percent
may be in bonds approved pursuant to section 411(a)(3)
of that Act.
‘‘(E) The Administration is authorized to make grants
or enter into cooperative agreements for a total amount
of $7,000,000 for the Service Corps of Retired Executives
program authorized by section 8(b)(1).
‘‘(2) ADDITIONAL AUTHORIZATIONS.—
‘‘(A) There are authorized to be appropriated to the
Administration for fiscal year 2006 such sums as may
be necessary to carry out the provisions of this Act not
elsewhere provided for, including administrative expenses
and necessary loan capital for disaster loans pursuant to
section 7(b), and to carry out the Small Business Invest-
ment Act of 1958, including salaries and expenses of the
Administration.
‘‘(B) Notwithstanding any other provision of this para-
graph, for fiscal year 2006—
Grants.
Contracts.
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‘‘(i) no funds are authorized to be used as loan
capital for the loan program authorized by section
7(a)(21) except by transfer from another Federal
department or agency to the Administration, unless
the program level authorized for general business loans
under paragraph (1)(B)(i) is fully funded; and
‘‘(ii) the Administration may not approve loans
on its own behalf or on behalf of any other Federal
department or agency, by contract or otherwise, under
terms and conditions other than those specifically
authorized under this Act or the Small Business Invest-
ment Act of 1958, except that it may approve loans
under section 7(a)(21) of this Act in gross amounts
of not more than $2,000,000.’’.
SEC. 122. ADDITIONAL REAUTHORIZATIONS.
(a) DRUG-FREE WORKPLACE PROGRAM ASSISTANCE.—Section
21(c)(3)(T) of the Small Business Act (15 U.S.C. 648(c)(3)(T)) is
amended by striking ‘‘October 1, 2003’’ and inserting ‘‘October 1,
2006’’.
(b) 
SMALL
BUSINESS
DEVELOPMENT
CENTERS.—Section
21(a)(4)(C) of the Small Business Act (15 U.S.C. 648(a)(4)(C)) is
amended—
(1) by striking clause (vii) and inserting the following:
‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized 
to 
be 
appropriated 
to 
carry 
out 
this
subparagraph—
‘‘(I) $130,000,000 for fiscal year 2005; and
‘‘(II) $135,000,000 for fiscal year 2006.’’;
(2) by redesignating clause (viii) as clause (ix); and
(3) by inserting after clause (vii) the following:
‘‘(viii) LIMITATION.—From the funds appropriated
pursuant to clause (vii), the Administration shall reserve
not less than $1,000,000 in each fiscal year to develop
portable assistance for startup and sustainability non-
matching grant programs to be conducted by eligible small
business development centers in communities that are
economically challenged as a result of a business or govern-
ment facility down sizing or closing, which has resulted
in the loss of jobs or small business instability. A non-
matching grant under this clause shall not exceed $100,000,
and shall be used for small business development center
personnel expenses and related small business programs
and services.’’.
CHAPTER 2—PAUL D. COVERDELL DRUG-FREE WORK-
PLACE PROGRAM AUTHORIZATIONS AND SUNDRY
AMENDMENTS
SEC. 123. PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM
AUTHORIZATION PROVISIONS.
(a) IN GENERAL.—Section 27(g)(1) of the Small Business Act
(15 U.S.C. 654(g)(1)) is amended by striking ‘‘, $5,000,000’’ in the
first sentence and all that follows through ‘‘subsection’’ in the second
sentence and inserting the following: ‘‘(other than subsection (b)(2)),
$5,000,000 for each of fiscal years 2005 and 2006. Amounts made
available under this paragraph’’.
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118 STAT. 3450
PUBLIC LAW 108–447—DEC. 8, 2004
(b) LIMITATION
ON
AUTHORIZATION
FOR
SMALL
BUSINESS
DEVELOPMENT CENTERS.—Section 27(g)(2) of the Small Business
Act (15 U.S.C. 654(g)) is amended by striking ‘‘this subsection,
not more than the greater of 10 percent or $1,000,000’’ and inserting
‘‘paragraph (1) for each of fiscal years 2005 and 2006, not more
than the greater of 10 percent or $500,000’’.
(c) ADDITIONAL AUTHORIZATION
FOR TECHNICAL ASSISTANCE
GRANTS.—Section 27(g) of the Small Business Act (15 U.S.C. 654(g))
is amended by adding at the end the following:
‘‘(3) ADDITIONAL AUTHORIZATION FOR TECHNICAL ASSISTANCE
GRANTS.—There are authorized to be appropriated to carry
out subsection (b)(2), $1,500,000 for each of fiscal years 2005
and 2006. Amounts made available under this paragraph shall
remain available until expended.’’.
(d) LIMITATION ON ADMINISTRATIVE COSTS.—Section 27(g) of
the Small Business Act (15 U.S.C. 654(g)), as amended by subsection
(c), is further amended by adding at the end the following:
‘‘(4) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than
5 percent of the total amount made available under this sub-
section for any fiscal year shall be used for administrative
costs (determined without regard to the administrative costs
of eligible intermediaries).’’.
SEC. 124. GRANT PROVISIONS.
(a) ADDITIONAL GRANTS FOR TECHNICAL ASSISTANCE.—Section
27(b) of the Small Business Act (15 U.S.C. 654) is amended—
(1) by striking ‘‘There is established’’ and inserting the
following:
‘‘(1) IN GENERAL.—There is established’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) ADDITIONAL GRANTS FOR TECHNICAL ASSISTANCE.—In
addition to grants under paragraph (1), the Administrator may
make grants to, or enter into cooperative agreements or con-
tracts with, any grantee for the purpose of providing, in coopera-
tion with one or more small business development centers,
technical assistance to small business concerns seeking to estab-
lish a drug-free workplace program.’’.
(b) 2-YEAR GRANTS.—Section 27(b) of the Small Business Act
(15 U.S.C. 654(b)), as amended by subsection (a), is further amended
by adding at the end the following:
‘‘(3) 2-YEAR GRANTS.—Each grant made under this sub-
section shall be for a period of 2 years, subject to an annual
performance review by the Administrator.’’.
SEC. 125. DRUG-FREE COMMUNITIES COALITIONS AS ELIGIBLE INTER-
MEDIARIES.
Section 27(a)(2)(D) of the Small Business Act (15 U.S.C.
654(a)(2)) is amended to read as follows:
‘‘(D)(i) the purpose of which is—
‘‘(I) to develop comprehensive drug-free work-
place programs or to supply drug-free workplace
services; or
‘‘(II) to provide other forms of assistance and
services to small business concerns; or
‘‘(ii) that is eligible to receive a grant under chapter
2 of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1521 et seq.).’’.
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118 STAT. 3451
PUBLIC LAW 108–447—DEC. 8, 2004
SEC. 126. PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTER-
MEDIARIES.
Section 27(c) of the Small Business Act (15 U.S.C. 654(c))
is amended to read as follows:
‘‘(c) PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTER-
MEDIARIES.—
‘‘(1) 
TECHNICAL
ASSISTANCE
AND
INFORMATION.—The
Administrator, after consultation with the Director of the
Center for Substance Abuse and Prevention, shall provide tech-
nical assistance and information to each eligible intermediary
under subsection (b) regarding the most effective practices in
establishing and carrying out drug-free workplace programs.
‘‘(2) EVALUATION OF PROGRAM.—
‘‘(A) DATA COLLECTION AND ANALYSIS.—Each eligible
intermediary receiving a grant under this section shall
establish a system to collect and analyze information
regarding the effectiveness of drug-free workplace programs
established with assistance provided under this section
through the intermediary, including information regarding
any increase or decrease among employees in drug use,
awareness of the adverse consequences of drug use, and
absenteeism, injury, and disciplinary problems related to
drug use. Such system shall conform to such requirements
as the Administrator, after consultation with the Director
of the Center for Substance Abuse and Prevention, may
prescribe. Not more than 5 percent of the amount of each
grant made under subsection (b) shall be used by the
eligible intermediary to carry out this paragraph.
‘‘(B) METHOD
OF
EVALUATION.—The Administrator,
after consultation with the Director of the Center for Sub-
stance Abuse and Prevention, shall provide technical assist-
ance and guidance to each eligible intermediary receiving
a grant under subsection (b) regarding the collection and
analysis of information to evaluate the effectiveness of
drug-free workplace programs established with assistance
provided under this section, including the information
referred to in paragraph (1). Such assistance shall include
the identification of additional information suitable for
measuring the benefits of drug-free workplace programs
to the small business concern and to the concern’s
employees and the identification of methods suitable for
analyzing such information.’’.
SEC. 127. REPORT TO CONGRESS.
Not later than March 31, 2006, the Administrator, in consulta-
tion with the Secretary of Labor, the Secretary of Health and
Human Services, and the Director of National Drug Control Policy,
shall submit to Congress a report that—
(1) analyzes the information collected under section 27(c)
of the Small Business Act;
(2) identifies trends in such information; and
(3) evaluates the effectiveness of the drug-free workplace
programs established with assistance under section 27 of the
Small Business Act (15 U.S.C. 654).
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118 STAT. 3452
PUBLIC LAW 108–447—DEC. 8, 2004
Subtitle C—Administration Management
SEC. 131. LENDER EXAMINATION AND REVIEW FEES.
Section 5(b) of the Small Business Act (15 U.S.C. 634(b)) is
amended—
(1) in paragraph (12), by striking ‘‘and’’ at the end;
(2) in paragraph (13), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(14) require any lender authorized to make loans under
section 7 of this Act to pay examination and review fees, which
shall be deposited in the account for salaries and expenses
of the Administration, and shall be available for the costs
of examinations, reviews, and other lender oversight activities.’’.
SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS.
(a) IN GENERAL.—Section 4 of the Small Business Act (15
U.S.C. 633) is amended by adding at the end the following:
‘‘(g) GIFTS.—
‘‘(1) IN GENERAL.—The Administrator may, for purposes
of this Act, the Small Business Investment Act of 1954, and
title IV of the Women’s Business Ownership Act of 1988, solicit,
accept, hold, administer, utilize, and dispose of gifts, devises,
and bequests of cash, property (including tangible, intangible,
real, and personal), subsistence, and services. Notwithstanding
any other provision of law, the Administrator may utilize gifts,
devises, or bequests for marketing and outreach activities,
including the cost of promotional materials and wearing
apparel.
‘‘(2) AUDITS.—Any gift, devise, or bequest of cash accepted
by the Administrator shall be held in a separate account and
shall be subject to semi-annual audits by the Inspector General
of the Administration who shall report his findings to the
Congress.
‘‘(3) CONFLICTS OF INTEREST.—No gift, devise, or bequest
shall be solicited or accepted under the authority of this sub-
section if such solicitation or acceptance would, in the deter-
mination of the General Counsel, create a conflict of interest.
‘‘(4) ACCEPTANCE OF SERVICES AND FACILITIES FOR DISASTER
LOAN PROGRAM.—The Administrator may accept the services
and facilities of Federal, State, and local agencies and groups,
both public and private, and utilize such gratuitous services
and facilities as may, from time to time, be necessary, to
further the objectives of section 7(b).
‘‘(h) CO-SPONSORSHIP OF EVENTS.—
‘‘(1) AUTHORIZATION.—The Administrator, after consulta-
tion with the General Counsel, may provide assistance for
the benefit of small business through Administration-sponsored
activities, through cosponsored activities with any eligible
entity, or through such other activities that the Administrator
determines to be appropriate, including recognition events.
‘‘(2) ELIGIBLE ENTITY.—For purposes of this subsection, the
term ‘eligible entity’ means any for-profit or not-for-profit entity,
any Federal, State, or local government official, or any Federal,
State, or local government entity.
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118 STAT. 3453
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(3) PROHIBITION ON ENDORSEMENTS.—The Administrator
shall ensure that the Administration and any eligible entities
that cosponsor activities receive appropriate recognition for
such cosponsorship, and that such recognition does not con-
stitute or imply an endorsement by the Administration of any
product or service of such entity.
‘‘(4) AUTHORITY
TO
CHARGE
FEES.—Notwithstanding any
other provision of law, the Administrator may charge a partici-
pant in any activity sponsored or cosponsored by the Adminis-
tration a minimal fee, and retain and use such fee to cover
the costs of such activity.
‘‘(5) LIMITED
DELEGATION.—The Administrator may not
delegate the authority described in this subsection except to
the Deputy Administrator, an Associate Administrator, or an
Assistant Administrator.
‘‘(6) REPORT TO CONGRESS.—The Inspector General of the
Administration shall report semi-annually to Congress on the
Administrator’s use of authority under this subsection.
‘‘(7) RULEMAKING.—Not later than 180 days after the date
of enactment of this subsection, the Administrator shall promul-
gate regulations to carry out the provisions of this subsection.’’.
(b) CONFORMING AMENDMENTS.—Section 8(b)(1)(A) of the Small
Business Act (15 U.S.C. 637(b)(1)(A)) is amended—
(1) by striking clause (ii);
(2) by striking ‘‘(1)(A) to provide—’’ and all that follows
through ‘‘business concerns—’’ and inserting the following:
‘‘(1)(A) to provide technical, managerial, and informational
aids to small business concerns—’’;
(3) by redesignating subclauses (I) through (IV) as clauses
(i) through (iv), respectively;
(4) by redesignating items (aa) and (bb) of clause (ii), as
so redesignated by paragraph (3), as subclauses (I) and (II),
respectively; and
(5) by striking ‘‘; and’’ at the end of clause (iv), as so
redesignated by paragraph (3), and inserting a period.
(c) SUNSET PROVISION.—The amendments made by this section
are repealed on October 1, 2006.
Subtitle D—Entrepreneurial Development
Programs
CHAPTER 1—OFFICE OF ENTREPRENEURIAL
DEVELOPMENT
SEC. 141. SERVICE CORPS OF RETIRED EXECUTIVES.
(a) IN GENERAL.—Section 8(b)(1)(B) of the Small Business Act
(15 U.S.C. 637(b)(1)(B)) is amended—
(1) by striking ‘‘this Act; and to’’, and inserting ‘‘this Act.
To’’;
(2) by striking ‘‘may maintain at its headquarters’’ and
all that follows through ‘‘That any’’ and inserting ‘‘shall main-
tain at its headquarters and pay the salaries, benefits, and
expenses of a volunteer and professional staff to manage and
oversee the program. Any’’; and
(3) by striking the period at the end and inserting ‘‘and
the management of the contributions received.’’.
15 USC 633 and
note, 637.
Deadline.
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118 STAT. 3454
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(b) REGULATIONS.—The Administration shall, not later than
180 days after the date of enactment of this Act, promulgate regula-
tions to carry out the amendments made by subsection (a).
SEC. 142. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.
(a) PRIVACY REQUIREMENTS.—Section 21(a) of the Small Busi-
ness Act (15 U.S.C. 648(a)) is amended by adding at the end
the following:
‘‘(7) PRIVACY REQUIREMENTS.—
‘‘(A) IN
GENERAL.—A small business development
center, consortium of small business development centers,
or contractor or agent of a small business development
center may not disclose the name, address, or telephone
number of any individual or small business concern
receiving assistance under this section without the consent
of such individual or small business concern, unless—
‘‘(i) the Administrator is ordered to make such
a disclosure by a court in any civil or criminal enforce-
ment action initiated by a Federal or State agency;
or
‘‘(ii) the Administrator considers such a disclosure
to be necessary for the purpose of conducting a finan-
cial audit of a small business development center, but
a disclosure under this clause shall be limited to the
information necessary for such audit.
‘‘(B) ADMINISTRATOR USE OF INFORMATION.—This sec-
tion shall not—
‘‘(i) restrict Administrator access to program
activity data; or
‘‘(ii) prevent the Administrator from using client
information to conduct client surveys.
‘‘(C) REGULATIONS.—
‘‘(i) IN GENERAL.—The Administrator shall issue
regulations to establish standards—
‘‘(I) for disclosures with respect to financial
audits under subparagraph (A)(ii); and
‘‘(II) for client surveys under subparagraph
(B)(ii), including standards for oversight of such
surveys and for dissemination and use of client
information.
‘‘(ii) MAXIMUM PRIVACY PROTECTION.—Regulations
under this subparagraph, shall, to the extent prac-
ticable, provide for the maximum amount of privacy
protection.
‘‘(iii) INSPECTOR GENERAL.—Until the effective date
of regulations under this subparagraph, any client
survey and the use of such information shall be
approved by the Inspector General who shall include
such approval in his semi-annual report.’’.
(b) TERM CHANGE.—Section 21(k) of the Small Business Act
(15 U.S.C. 648(k)) is amended—
(1) by striking ‘‘CERTIFICATION’’ each place it appears and
inserting ‘‘ACCREDITATION’’; and
(2) by striking ‘‘certification’’ each place it appears and
inserting ‘‘accreditation’’.
Deadline.
15 USC 637 note.
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118 STAT. 3455
PUBLIC LAW 108–447—DEC. 8, 2004
CHAPTER 2—OFFICE OF VETERANS BUSINESS
DEVELOPMENT
SEC. 143. ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS.
(a) RETENTION OF DUTIES.—Section 33(h) of the Small Business
Act (15 U.S.C. 657c(h)) is amended by striking ‘‘October 1, 2004’’
and inserting ‘‘October 1, 2006’’.
(b) EXTENSION OF AUTHORITY.—Section 203(h) of the Veterans
Entrepreneurship and Small Business Development Act of 1999
(15 U.S.C. 657b note) is amended by striking ‘‘September 30, 2004’’
and inserting ‘‘September 30, 2006’’.
SEC. 144. OUTREACH GRANTS FOR VETERANS.
Section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17))
is amended by inserting before the period at the end the following:
‘‘, veterans, and members of a reserve component of the Armed
Forces’’.
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
Section 32 of the Small Business Act (15 U.S.C. 657b) is
amended by adding at the end the following:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) $1,500,000 for fiscal year 2005; and
‘‘(2) $2,000,000 for fiscal year 2006.’’.
SEC. 146. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORA-
TION.
Section 33(a) of the Small Business Act (15 U.S.C. 657c(a))
is amended by adding at the end the following: ‘‘Notwithstanding
any other provision of law, the Corporation is a private entity
and is not an agency, instrumentality, authority, entity, or
establishment of the United States Government.’’.
CHAPTER 3—MANUFACTURING AND
ENTREPRENEURIAL DEVELOPMENT
SEC. 147. SMALL BUSINESS MANUFACTURING TASK FORCE.
(a) ESTABLISHMENT.—The Administrator of the Small Business
Administration (referred to in this subtitle as the ‘‘Administrator’’)
shall establish a Small Business Manufacturing Task Force
(referred to in this section as the ‘‘Task Force’’) to address the
concerns of small manufacturers.
(b) CHAIR.—The Administrator shall assign a member of the
Task Force to serve as chair of the Task Force.
(c) DUTIES.—The Task Force shall—
(1) evaluate and identify whether programs and services
are sufficient to serve the needs of small manufacturers;
(2) actively promote the programs and services of the Small
Business Administration that serve small manufacturers; and
(3) identify and study the unique conditions facing small
manufacturers and develop and propose policy initiatives to
support and assist small manufacturers.
(d) MEETINGS.—
(1) FREQUENCY.—The Task Force shall meet not less than
4 times per year, and more frequently if necessary to perform
its duties.
15 USC 631c.
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118 STAT. 3456
PUBLIC LAW 108–447—DEC. 8, 2004
(2) QUORUM.—A majority of the members of the Task Force
shall constitute a quorum to approve recommendations or
reports.
(e) PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—Each member of the Task
Force shall serve without compensation in addition to that
received for services rendered as an officer or employee of
the United States.
(2) DETAIL OF SBA EMPLOYEES.—Any employee of the Small
Business Administration may be detailed to the Task Force
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(f) REPORT.—Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Task Force shall submit
a report containing the findings and recommendations of the task
force to—
(1) the President;
(2) the Committee on Small Business and Entrepreneurship
of the Senate; and
(3) the Committee on Small Business of the House of Rep-
resentatives.
Subtitle E—HUBZone Program
SEC. 151. STREAMLINING AND REVISION OF HUBZONE ELIGIBILITY
REQUIREMENTS.
(a) IN GENERAL.—Section 3(p) of the Small Business Act (15
U.S.C. 632(p)) is amended—
(1) in paragraph (3)—
(A) by amending subparagraph (A) to read as follows:
‘‘(A) a small business concern that is at least 51 percent
owned and controlled by United States citizens;’’
(B) in subparagraph (C), by striking ‘‘or’’ at the end;
(C) in subparagraph (D)(ii), by striking the period at
the end and inserting ‘‘; or’’; and
(D) by adding at the end the following:
‘‘(E) a small business concern that is—
‘‘(i) a small agricultural cooperative organized or
incorporated in the United States;
‘‘(ii) wholly owned by 1 or more small agricultural
cooperatives organized or incorporated in the United
States; or
‘‘(iii) owned in part by 1 or more small agricultural
cooperatives organized or incorporated in the United
States, if all owners are small business concerns or
United States citizens.’’; and
(2) in paragraph (5)(A)(i)(I)(aa), by striking ‘‘or (D)’’ and
inserting ‘‘(C), (D), or (E)’’.
(b) CONFORMING AMENDMENT.—Section 3(j) of the Small Busi-
ness Act (15 U.S.C. 632(j)) is amended by striking ‘‘of section
7(b)(2)’’.
SEC. 152. EXPANSION OF QUALIFIED AREAS.
(a) TREATMENT OF CERTAIN AREAS AS HUBZONES.—
(1) BASE
CLOSURE
AREAS.—Section 3(p)(1) of the Small
Business Act (15 U.S.C. 632(p)(1)) is amended—
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118 STAT. 3457
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(A) in subparagraph (C), by striking ‘‘or’’ at the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(E) base closure areas.’’.
(2) HUBZONE STATUS TIME LINE AND COMMENCEMENT.—
A base closure area that has undergone final closure shall
be treated as a HUBZone for purposes of the Small Business
Act for a period of 5 years.
(3) DEFINITION.—Section 3(p)(4) of the Small Business Act
(15 U.S.C. 632(p)(4)) is amended by adding at the end the
following:
‘‘(D) BASE CLOSURE AREA.—The term ‘base closure area’
means lands within the external boundaries of a military
installation that were closed through a privatization
process under the authority of—
‘‘(i) the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of division B of
Public Law 101–510; 10 U.S.C. 2687 note);
‘‘(ii) title II of the Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public
Law 100–526; 10 U.S.C. 2687 note);
‘‘(iii) section 2687 of title 10, United States Code;
or
‘‘(iv) any other provision of law authorizing or
directing the Secretary of Defense or the Secretary
of a military department to dispose of real property
at the military installation for purposes relating to
base closures of redevelopment, while retaining the
authority to enter into a leaseback of all or a portion
of the property for military use.’’.
(b) 
QUALIFIED
NONMETROPOLITAN
COUNTY.—Section
3(p)(4)(B)(ii)(II) 
of 
the 
Small 
Business 
Act 
(15 
U.S.C.
632(p)(4)(B)(ii)(II)) is amended to read as follows:
‘‘(II) the unemployment rate is not less than
140 percent of the average unemployment rate
for the United States or for the State in which
such county is located, whichever is less, based
on the most recent data available from the Sec-
retary of Labor.’’.
(c) TEMPORARY QUALIFIED AREAS EXTENSION AND QUALIFIED
AREAS STUDY.—
(1) REDESIGNATED AREA.—Section 3(p)(4)(C) of the Small
Business Act (15 U.S.C. 632(p)(4)(C)) is amended by striking
‘‘only for the 3-year period following’’ and inserting the fol-
lowing: ‘‘only until the later of—
‘‘(i) the date on which the Census Bureau publicly
releases the first results from the 2010 decennial
census; or
‘‘(ii) 3 years after’’.
(2) STUDY AND REPORT.—
(A) STUDY.—The Independent Office of Advocacy of
the Small Business Administration shall conduct a study
of the HUBZone program to measure the effectiveness of
the definitions under section 3(p)(4) of the Small Business
Act (15 U.S.C. 632(p)(4)) relating to HUBZone qualified
15 USC 632 note.
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areas for the purposes of economic impact on small business
development and jobs creation.
(B) REPORT.—Not later than May 1, 2008, the Inde-
pendent Office of Advocacy shall submit a report to the
Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the
House of Representatives that contains—
(i) the results of the study conducted under para-
graph (1); and
(ii) any proposed changes to the existing definitions
under section 3(p)(4) of the Small Business Act (15
U.S.C. 632(p)(4)) relating to HUBZone qualified areas.
SEC. 153. PRICE EVALUATION PREFERENCE.
Section 31(b)(3) of the Small Business Act (15 U.S.C. 657a(b)(3))
is amended—
(1) by redesignating subparagraph (C) as subparagraph
(D); and
(2) by adding at the end the following:
‘‘(C) PROCUREMENT
OF
COMMODITIES
FOR
INTER-
NATIONAL FOOD AID EXPORT OPERATIONS.—The price evalua-
tion preference for purchases of agricultural commodities
by the Secretary of Agriculture for export operations
through international food aid programs administered by
the Farm Service Agency shall be 5 percent on the first
portion of a contract to be awarded that is not greater
than 20 percent of the total volume of each commodity
being procured in a single invitation.’’.
SEC. 154. HUBZONE AUTHORIZATIONS.
Section 31(d) of the Small Business Act (15 U.S.C. 657a(d))
is amended by striking ‘‘2001 through 2003’’ and inserting ‘‘2004
through 2006’’.
SEC. 155. PARTICIPATION IN FEDERALLY FUNDED PROJECTS.
Any small business concern that is certified, or otherwise meets
the criteria for participation in any program under section 8(a)
of the Small Business Act (15 U.S.C. 637(a)), shall not be required
by any State, or political subdivision thereof, to meet additional
criteria or certification, unrelated to the capability to provide the
requested products or services, in order to participate as a small
disadvantaged business in any program or project that is funded,
in whole or in part, by the Federal Government.
Subtitle F—Small Business Lending
Companies
SEC. 161. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL
BUSINESS LENDING COMPANIES.
Section 23 of the Small Business Act (15 U.S.C. 650) is amended
to read as follows:
‘‘SEC. 23. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL
BUSINESS LENDING COMPANIES.
‘‘(a) IN GENERAL.—The Administrator is authorized—
‘‘(1) to supervise the safety and soundness of small business
lending companies and non-Federally regulated lenders;
15 USC 657g.
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‘‘(2) with respect to small business lending companies to
set capital standards to regulate, to examine, and to enforce
laws governing such companies, in accordance with the pur-
poses of this Act; and
‘‘(3) with respect to non-Federally regulated lenders to regu-
late, to examine, and to enforce laws governing the lending
activities of such lenders under section 7(a) in accordance with
the purposes of this Act.
‘‘(b) CAPITAL DIRECTIVE.—
‘‘(1) IN GENERAL.—If the Administrator determines that
a small business lending company is being operated in an
imprudent manner, the Administrator may, in addition to any
other action authorized by law, issue a directive to such com-
pany to increase capital to such level as the Administrator
determines will result in the safe and sound operation of such
company.
‘‘(2) DELEGATION.—The Administrator may not delegate the
authority granted under paragraph (1) except to an Associate
Deputy Administrator.
‘‘(3) REGULATIONS.—The Administrator shall issue regula-
tions outlining the conditions under which the Administrator
may determine the level of capital pursuant to paragraph (1).
‘‘(c) CIVIL ACTION.—If a small business lending company vio-
lates this Act, the Administrator may institute a civil action in
an appropriate district court to terminate the rights, privileges,
and franchises of the company under this Act.
‘‘(d) REVOCATION OR SUSPENSION OF LOAN AUTHORITY.—
‘‘(1) The Administrator may revoke or suspend the
authority of a small business lending company or a non-Feder-
ally regulated lender to make, service or liquidate business
loans authorized by section 7(a) of this Act—
‘‘(A) for false statements knowingly made in any writ-
ten submission required under this Act;
‘‘(B) for omission of a material fact from any written
submission required under this Act;
‘‘(C) for willful or repeated violation of this Act;
‘‘(D) for willful or repeated violation of any condition
imposed by the Administrator with respect to any applica-
tion, request, or agreement under this Act; or
‘‘(E) for violation of any cease and desist order of the
Administrator under this section.
‘‘(2) The Administrator may revoke or suspend authority
under paragraph (1) only after a hearing under subsection
(f). The Administrator may delegate power to revoke or suspend
authority under paragraph (1) only to the Deputy Administrator
and only if the Administrator is unavailable to take such action.
‘‘(A) The Administrator, after finding extraordinary cir-
cumstances and in order to protect the financial or legal
position of the United States, may issue a suspension order
without conducting a hearing pursuant to subsection (f).
If the Administrator issues a suspension under the pre-
ceding sentence, the Administrator shall within two busi-
ness days follow the procedures set forth in subsection
(f).
‘‘(B) Any suspension under paragraph (1) shall remain
in effect until the Administrator makes a decision pursuant
to subparagraph (4) to permanently revoke the authority
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118 STAT. 3460
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of the small business lending company or non-Federally
regulated lender, suspend the authority for a time certain,
or terminate the suspension.
‘‘(3) The small business lending company or non-Federally
regulated lender must notify borrowers of a revocation and
that a new entity has been appointed to service their loans.
The Administrator or an employee of the Administration des-
ignated by the Administrator may provide such notice to the
borrower.
‘‘(4) Any revocation or suspension under paragraph (1) shall
be made by the Administrator except that the Administrator
shall delegate to an administrative law judge as that term
is used in section 3105 of title 5, United States Code, the
authority to conduct any hearing required under subsection
(f). The Administrator shall base the decision to revoke on
the record of the hearing.
‘‘(e) CEASE AND DESIST ORDER.—
‘‘(1) Where a small business lending company, a non-Feder-
ally regulated lender, or other person violates this Act or is
engaging or is about to engage in any acts or practices which
constitute or will constitute a violation of this Act, the Adminis-
trator may order, after the opportunity for hearing pursuant
to subsection (f), the company, lender, or other person to cease
and desist from such action or failure to act. The Administrator
may delegate the authority under the preceding sentence only
to the Deputy Administrator and only if the Administrator
is unavailable to take such action.
‘‘(2) The Administrator, after finding extraordinary cir-
cumstances and in order to protect the financial or legal position
of the United States, may issue a cease and desist order without
conducting a hearing pursuant to subsection (f). If the Adminis-
trator issues a cease and desist order under the preceding
sentence, the Administrator shall within two business days
follow the procedures set forth in subsection (f).
‘‘(3) The Administrator may further order such small busi-
ness lending company or non-Federally regulated lender or
other person to take such action or to refrain from such action
as the Administrator deems necessary to insure compliance
with this Act.
‘‘(4) A cease and desist order under this subsection may
also provide for the suspension of authority to lend in subsection
(d).
‘‘(f) PROCEDURE
FOR REVOCATION
OR SUSPENSION
OF LOAN
AUTHORITY AND FOR CEASE AND DESIST ORDER.—
‘‘(1) Before revoking or suspending authority under sub-
section (d) or issuing a cease and desist order under subsection
(e), the Administrator shall serve an order to show cause upon
the small business lending company, non-Federally regulated
lender, or other person why an order revoking or suspending
the authority or a cease and desist order should not be issued.
The order to show cause shall contain a statement of the
matters of fact and law asserted by the Administrator and
the legal authority and jurisdiction under which a hearing
is to be held, and shall set forth that a hearing will be held
before an administrative law judge at a time and place stated
in the order. Such hearing shall be conducted pursuant to
the provisions of sections 554, 556, and 557 of title 5, United
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118 STAT. 3461
PUBLIC LAW 108–447—DEC. 8, 2004
States Code. If after hearing, or a waiver thereof, the Adminis-
trator determines that an order revoking or suspending the
authority or a cease and desist order should be issued, the
Administrator shall promptly issue such order, which shall
include a statement of the findings of the Administrator and
the grounds and reasons therefor and specify the effective date
of the order, and shall cause the order to be served on the
small business lending company, non-Federally regulated
lender, or other person involved.
‘‘(2) Witnesses summoned before the Administrator shall
be paid by the party at whose instance they were called the
same fees and mileage that are paid witnesses in the courts
of the United States.
‘‘(3) A cease and desist order, suspension or revocation
issued by the Administrator, after the hearing under this sub-
section is final agency action for purposes of chapter 7 of
title 5, United States Code. An adversely aggrieved party shall
have 20 days from the date of issuance of the cease and desist
order, suspension or revocation, to seek judicial review in an
appropriate district court.
‘‘(g) REMOVAL
OR SUSPENSION
OF MANAGEMENT OFFICIAL.—
‘‘(1) DEFINITION.—In this section, the term ‘management
official’ means, with respect to a small business lending com-
pany or a non-Federally regulated lender, an officer, director,
general partner, manager, employee, agent, or other participant
in the management of the affairs of the company’s or lender’s
activities under section 7(a) of this Act.
‘‘(2) REMOVAL OF MANAGEMENT OFFICIAL.—
‘‘(A) NOTICE.—The Administrator may serve upon any
management official a written notice of its intention to
remove that management official if, in the opinion of the
Administrator, the management official—
‘‘(i) willfully and knowingly commits a substantial
violation of—
‘‘(I) this Act;
‘‘(II) any regulation issued under this Act;
‘‘(III) a final cease-and-desist order under this
Act; or
‘‘(IV) any agreement by the management offi-
cial, the small business lending company or non-
Federally regulated lender under this Act; or
‘‘(ii) willfully and knowingly commits a substantial
breach of a fiduciary duty of that person as a manage-
ment official and the violation or breach of fiduciary
duty is one involving personal dishonesty on the part
of such management official.
‘‘(B) CONTENTS OF NOTICE.—A notice under subpara-
graph (A) shall contain a statement of the facts constituting
grounds therefor and shall fix a time and place at which
a hearing, conducted pursuant to sections 554, 556, and
557 of title 5, United States Code, will be held thereon.
‘‘(C) HEARING.—
‘‘(i) TIMING.—A hearing under subparagraph (B)
shall be held not earlier than 30 days and later than
60 days after the date of service of notice of the
hearing, unless an earlier or a later date is set by
the Administrator at the request of—
Deadline.
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118 STAT. 3462
PUBLIC LAW 108–447—DEC. 8, 2004
‘‘(I) the management official, and for good
cause shown; or
‘‘(II) the Attorney General.
‘‘(ii) CONSENT.—Unless the management official
appears at a hearing under this paragraph in person
or by a duly authorized representative, the manage-
ment official shall be deemed to have consented to
the issuance of an order of removal under subpara-
graph (A).
‘‘(D) ORDER OF REMOVAL.—
‘‘(i) IN GENERAL.—In the event of consent under
subparagraph (C)(ii), or if upon the record made at
a hearing under this subsection, the Administrator
finds that any of the grounds specified in the notice
of removal has been established, the Administrator
may issue such orders of removal from office as the
Administrator deems appropriate.
‘‘(ii) EFFECTIVENESS.—An order under clause (i)
shall—
‘‘(I) take effect 30 days after the date of service
upon the subject small business lending company
or non-Federally regulated lender and the manage-
ment official concerned (except in the case of an
order issued upon consent as described in subpara-
graph (C)(ii), which shall become effective at the
time specified in such order); and
‘‘(II) remain effective and enforceable, except
to such extent as it is stayed, modified, terminated,
or set aside by action of the Administrator or a
reviewing court in accordance with this section.
‘‘(3) AUTHORITY TO SUSPEND OR PROHIBIT PARTICIPATION.—
‘‘(A) IN GENERAL.—In order to protect a small business
lending company, a non-Federally regulated lender or the
interests of the Administration or the United States, the
Administrator may suspend from office or prohibit from
further participation in any manner in the management
or conduct of the affairs of a small business lending com-
pany or a non-Federally regulated lender a management
official by written notice to such effect served upon the
management official. Such suspension or prohibition may
prohibit the management official from making, servicing,
reviewing, approving, or liquidating any loan under section
7(a) of this Act.
‘‘(B) EFFECTIVENESS.—A suspension or prohibition
under subparagraph (A)—
‘‘(i) shall take effect upon service of notice under
paragraph (2); and
‘‘(ii) unless stayed by a court in proceedings author-
ized by subparagraph (C), shall remain in effect—
‘‘(I) pending the completion of the administra-
tive proceedings pursuant to a notice of intention
to remove served under paragraph (2); and
‘‘(II) until such time as the Administrator dis-
misses the charges specified in the notice, or, if
an order of removal or prohibition is issued against
the management official, until the effective date
of any such order.
Notice.
Effective date.
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‘‘(C) JUDICIAL
REVIEW
OF
SUSPENSION
PRIOR
TO
HEARING.—Not later than 10 days after a management
official is suspended or prohibited from participation under
subparagraph (A), the management official may apply to
an appropriate district court for a stay of the suspension
or prohibition pending the completion of the administrative
proceedings pursuant to a notice of intent to remove served
upon the management official under paragraph (2).
‘‘(4) AUTHORITY TO SUSPEND ON CRIMINAL CHARGES.—
‘‘(A) IN GENERAL.—If a management official is charged
in any information, indictment, or complaint authorized
by a United States attorney, with a felony involving dishon-
esty or breach of trust, the Administrator may, by written
notice served upon the management official, suspend the
management official from office or prohibit the manage-
ment official from further participation in any manner
in the management or conduct of the affairs of the small
business lending company or non-Federally regulated
lender.
‘‘(B) EFFECTIVENESS.—A suspension or prohibition
under subparagraph (A) shall remain in effect until the
information, indictment, or complaint is finally disposed
of, or until terminated by the Administrator or upon an
order of a district court.
‘‘(C) AUTHORITY UPON CONVICTION.—If a judgment of
conviction with respect to an offense described in subpara-
graph (A) is entered against a management official, then
at such time as the judgment is not subject to further
judicial review (and for purposes of this subparagraph shall
not include any petition for a writ of habeas corpus), the
Administrator may issue and serve upon the management
official an order removing the management official, effective
upon service of a copy of the order upon the small business
lending company or non-Federally regulated lender.
‘‘(D) AUTHORITY UPON DISMISSAL OR OTHER DISPOSI-
TION.—A finding of not guilty or other disposition of charges
described in subparagraph (A) shall not preclude the
Administrator from instituting proceedings under sub-
section (e) or (f).
‘‘(5) NOTIFICATION TO SMALL BUSINESS LENDING COMPANY
OR
A
NON-FEDERALLY
REGULATED
LENDER.—Copies of each
notice required to be served on a management official under
this section shall also be served upon the small business lending
company or non-Federally regulated lender involved.
‘‘(6) FINAL AGENCY ACTION AND JUDICIAL REVIEW.—
‘‘(A) ISSUANCE OF ORDERS.—After a hearing under this
subsection, and not later than 30 days after the Adminis-
trator notifies the parties that the case has been submitted
for final decision, the Administrator shall render a decision
in the matter (which shall include findings of fact upon
which its decision is predicated), and shall issue and cause
to be served upon each party to the proceeding an order
or orders consistent with this section. The decision of the
Administrator shall constitute final agency action for pur-
poses of chapter 7 of title 5, United States Code.
Deadline.
Deadline.
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118 STAT. 3464
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‘‘(B) JUDICIAL REVIEW.—An adversely aggrieved party
shall have 20 days from the date of issuance of the order
to seek judicial review in an appropriate district court.
‘‘(h) APPOINTMENT OF RECEIVER.—
‘‘(1) In any proceeding under subsection (f)(4) or subsection
(g)(6)(C), the court may take exclusive jurisdiction of a small
business lending company or a non-Federally regulated lender
and appoint a receiver to hold and administer the assets of
the company or lender.
‘‘(2) Upon request of the Administrator, the court may
appoint the Administrator as a receiver under paragraph (1).
‘‘(i) POSSESSION OF ASSETS.—
‘‘(1) If a small business lending company or a non-Federally
regulated lender is not in compliance with capital requirements
or is insolvent, the Administrator may take possession of the
portfolio of loans guaranteed by the Administrator and sell
such loans to a third party by means of a receiver appointed
under subsection (h).
‘‘(2) If a small business lending company or a non-Federally
regulated lender is not in compliance with capital requirements
or is insolvent or otherwise operating in an unsafe and unsound
condition, the Administrator may take possession of servicing
activities of loans that are guaranteed by the Administrator
and sell such servicing rights to a third party by means of
a receiver appointed under subsection (h).
‘‘(j) PENALTIES AND FORFEITURES.—
‘‘(1) Except as provided in paragraph (2), a small business
lending company or a non-Federally regulated lender which
violates any regulation or written directive issued by the
Administrator regarding the filing of any regular or special
report shall pay to the United States a civil penalty of not
more than $5,000 for each day of the continuance of the failure
to file such report, unless it is shown that such failure is
due to reasonable cause and not due to willful neglect. The
civil penalties under this subsection may be enforced in a
civil action brought by the Administrator. The penalties under
this subsection shall not apply to any affiliate of a small busi-
ness lending company that procures at least 10 percent of
its annual purchasing requirements from small manufacturers.
‘‘(2) The Administrator may by rules and regulations that
shall be codified in the Code of Federal Regulations, after
an opportunity for notice and comment, or upon application
of an interested party, at any time previous to such failure,
by order, after notice and opportunity for hearing which shall
be conducted pursuant to sections 554, 556, and 557 of title
5, United States Code, exempt in whole or in part, any small
business lending company or non-Federally regulated lender
from paragraph (1), upon such terms and conditions and for
such period of time as it deems necessary and appropriate,
if the Administrator finds that such action is not inconsistent
with the public interest or the protection of the Administration.
The Administrator may for the purposes of this section make
any alternative requirements appropriate to the situation.’’.
Deadline.
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SEC. 162. DEFINITIONS RELATING TO SMALL BUSINESS LENDING
COMPANIES.
Section 3 of the Small Business Act (15 U.S.C. 632) is amended
by adding at the end the following new subsection:
‘‘(r) DEFINITIONS
RELATING
TO
SMALL
BUSINESS
LENDING
COMPANIES.—As used in section 23 of this Act:
‘‘(1) SMALL BUSINESS LENDING COMPANY.—The term ‘small
business lending company’ means a business concern that is
authorized by the Administrator to make loans pursuant to
section 7(a) and whose lending activities are not subject to
regulation by any Federal or State regulatory agency.
‘‘(2) NON-FEDERALLY REGULATED SBA LENDER.—The term
‘non-Federally regulated SBA lender’ means a business concern
if—
‘‘(A) such concern is authorized by the Administrator
to make loans under section 7;
‘‘(B) such concern is subject to regulation by a State;
and
‘‘(C) the lending activities of such concern are not regu-
lated by any Federal banking authority.’’.
TITLE II—MISCELLANEOUS
AMENDMENTS
SEC. 201. AMENDMENT TO DEFINITION OF EQUITY CAPITAL WITH
RESPECT TO ISSUERS OF PARTICIPATING SECURITIES.
Section 303(g)(4) of the Small Business Investment Act of 1958
(15 U.S.C. 683 (g)(4)) is amended—
(1) in the first sentence, by striking ‘‘subsection’’ and
inserting ‘‘Act’’; and
(2) in the second sentence, by striking ‘‘contingent upon
and limited to the extent of earnings’’ and inserting ‘‘from
appropriate sources, as determined by the Administration’’.
SEC. 202. INVESTMENT OF EXCESS FUNDS.
Section 308(b) of the Small Business Investment Act (15 U.S.C.
687(b)) is amended by striking the last sentence and inserting
the following: ‘‘Any such company that is licensed before October
1, 2004 and has outstanding financings is authorized to invest
funds not needed for its operations—
‘‘(1) in direct obligations of, or obligations guaranteed as
to principal and interest by, the United States;
‘‘(2) in certificates of deposit or other accounts of federally
insured banks or other federally insured depository institutions,
if the certificates or other accounts mature or are otherwise
fully available not more than 1 year after the date of the
investment; or
‘‘(3) in mutual funds, securities, or other instruments that
consist of, or represent pooled assets of, investments described
in paragraphs (1) or (2).’’.
SEC. 203. SURETY BOND AMENDMENTS.
(a) CLARIFICATION OF MAXIMUM SURETY BOND GUARANTEE.—
Section 411(a)(1) of the Small Business Investment Act of 1958
(15 U.S.C. 694b(a)(1)) is amended by striking ‘‘contract up to’’ and
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118 STAT. 3466
PUBLIC LAW 108–447—DEC. 8, 2004
LEGISLATIVE HISTORY—H.R. 4818 (S. 2812):
HOUSE REPORTS: Nos. 108–599 (Comm. on Appropriations) and 108–792
(Comm. of Conference).
SENATE REPORTS: No. 108–346 accompanying S. 2812 (Comm. on Appropria-
tions).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 13, 15, considered and passed House.
Sept. 23, considered and passed Senate, amended, in lieu of S. 2812.
Nov. 20, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 8, Presidential statement.
inserting ‘‘total work order or contract amount at the time of bond
execution that does not exceed’’.
(b) AUDIT FREQUENCY.—Section 411(g)(3) of the Small Business
Investment Act of 1958 (15 U.S.C. 694b(g)(3)) is amended by
striking ‘‘each year’’ and inserting ‘‘every three years’’.
(c) REPEAL.—Section 207 of the Small Business Reauthorization
and Amendment Act of 1988 (15 U.S.C. 694b note) is repealed.
SEC. 204. EFFECTIVE DATE FOR CERTAIN FEES.
Section 503(f) of the Small Business Investment Act of 1958
(15 U.S.C. 697(f)) is amended by striking ‘‘, but’’ and all that
follows through the end and inserting a period.
Approved December 8, 2004.
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