H.R.4818 - Consolidated Appropriations Act, 2005108th Congress (2003-2004)
|Sponsor:||Rep. Kolbe, Jim [R-AZ-8] (Introduced 07/13/2004)|
|Committees:||House - Appropriations | Senate - Appropriations|
|Committee Reports:||H. Rept. 108-599; H. Rept. 108-792 (Conference Report)|
|Latest Action:||12/08/2004 Became Public Law No: 108-447. (TXT | PDF)|
|Major Recorded Votes:||11/20/2004 : Resolving Differences; 11/20/2004 : Resolving Differences; 07/15/2004 : Passed House|
|Notes:||The Consolidated Appropriations Act, 2005 contains the following divisions: A [Agriculture], B [Commerce], C [Energy/Water], D [Foreign Operations], E [Interior], F [Labor/HHS/ED], G [Leg Branch], H [Transportation/Treasury], I [VA/HUD], J [Other Matters], and K [Small Business]. Conference report, as printed in the Congressional Record.|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Subject — Policy Area:
- International Affairs
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Summary: H.R.4818 — 108th Congress (2003-2004)All Bill Information (Except Text)
Public Law No: 108-447 (12/08/2004)
Consolidated Appropriations Act, 2005 - Division A: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Programs Appropriations, 2005 - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005 - Title I: Agricultural Programs - Appropriates FY 2005 funds for the following Department of Agriculture (Department) programs and services: (1) Office of the Secretary of Agriculture (Secretary); (2) executive operations, including Homeland Security Staff; (3) Office of the Chief Information Officer; (4) Common Computing Environment; (5) Office of the Chief Financial Officer; (6) working capital fund; (7) Office of the Assistant Secretary for Civil Rights; (8) Office of Civil Rights; (9) Office of the Assistant Secretary for Administration; (10) agriculture buildings and facilities and rental payments; (11) hazardous materials management; (12) departmental administration; (13) Office of the Assistant Secretary for Congressional Relations; (14) Office of Communications; (15) Office of the Inspector General; (16) Office of the General Counsel; (17) Office of the Under Secretary for Research, Education, and Economics; (18) Economic Research Service; (19) National Agricultural Statistics Service; (20) Agricultural Research Service; (21) Cooperative State Research, Education, and Extension Service; (22) Office of the Under Secretary for Marketing and Regulatory Programs; (23) Animal and Plant Health Inspection Service; (24) Agricultural Marketing Service; (25) Grain Inspection, Packers and Stockyards Administration; (26) Office of the Under Secretary for Food Safety; (27) Food Safety and Inspection Service; (28) Office of the Under Secretary for Farm and Foreign Agricultural Services; (29) Farm Service Agency; (30) Risk Management Agency; (31) Federal Crop Insurance Corporation Fund; and (32) Commodity Credit Corporation Fund.
Title II: Conservation Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment; and (2) Natural Resources Conservation Service.
Title III: Rural Development Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development; (2) rural development salaries and expenses; (3) Rural Housing Service; (4) Rural Business-Cooperative Service; and (5) Rural Utilities Service.
Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service.
Title V: Foreign Assistance and Related Programs - Appropriates funds for the following: (1) Foreign Agricultural Service; (2) Agricultural Trade Development and Assistance Act of 1954 (P.L. 480) program account, title I ocean freight differential grants, and title II grants; and (3) McGovern-Dole international food for education and child nutrition program grants.
Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration (FDA); (2) Commodity Futures Trading Commission; and (3) Farm Credit Administration.
Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 710) Prohibits the use of funds under this Act 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.
(Sec. 715) Prohibits the use of funds under this Act for the Safe Meat and Poultry Inspection Panel.
(Sec. 720) Prohibits fund use for the initiative for future agriculture and food systems, with an exception for administration of prior grants and obligations.
(Sec. 722) Prohibits fund use to relocate a State Rural Development office until cost and operation effectiveness have been determined.
(Sec. 723) Makes additional appropriations for Bill Emerson and Mickey Leland Hunger Fellowships.
(Sec. 724) Provides that any balances and recoveries available to carry out title III of PL 480 may be used to carry out title II of such Act.
(Sec. 725) Amends the Consolidated Farm and Rural Development Act to increase obligated funding for the national sheep industry improvement center revolving fund.
(Sec. 726) Prohibits the use of funds under this Act to collect from the lender at the time of issuance a guarantee fee of less than two percent of the principal obligation of guaranteed single-family housing loans administered by the Rural Housing Service.
(Sec. 727) Considers until receipt of the 2010 Census: (1) Salinas, Watsonville, and Hollister, California, eligible for Rural Housing Service programs; (2) Horseshoe Beach, Wewahitchka, Southport, Resota Beach, Plantation, St. Cloud, and Lake County, Florida, eligible for the rural utilities program; (3) Creedmoor, North Carolina, the Cleburne County Water Authority of Alabama, and Coburg, Oregon, eligible for the rural utilities program; (4) Casa Grande, Arizona, eligible for the rural housing insurance fund program, the rural housing assistance grant program, and the rural utilities program (5) Coachella, California, eligible for the rural utilities program and the rural business and cooperative development program. (6) Springfield, Ohio; Lexington, Virginia; Clarksdale, Mississippi; Vicksburg, Mississippi; Cache, Oklahoma; and Elgin, Oklahoma, eligible for rural community programs in the rural community advancement program account; (7) Carbondale, Illinois, eligible for the rural housing insurance fund program and the rural housing assistance grants program; (8) St. Joseph, Missouri, eligible for certain farmer cooperative rural business and cooperative development programs; and (9) the fiber-to-premises broadband facilities in St. Lucie County, Florida, and Port St. Lucie, Florida, collectively, eligible for certain loans and loan guarantees under the Rural Electrification Act of 1936.
(Sec. 728) Obligates specified amounts of agricultural commodities to assist foreign countries mitigate the effects of HIV and AIDS, particularly for individuals caring for orphaned children.
(Sec. 729) Directs the Natural Resources Conservation Service to provide financial and technical assistance through the watershed and flood prevention operations program to: (1) the DuPage County, Illinois, Kress Creek Water Quality Enhancement Project; and (2) Rockhouse Creek Watershed, Leslie County, Kentucky.
(Sec. 730) Authorizes the Natural Resources Conservation Service to provide financial and technical assistance through the watershed and flood prevention operations program for: (1) the Kuhn Bayou project in Arkansas; (2) the Matanuska River erosion control project in Alaska; (3) the DuPage County watershed project in Illinois; and (4) the Coal Creek project in Utah.
(Sec. 731) Prohibits funds under this Act from being transferred to any Federal entity unless authorized by an appropriations Act.
(Sec. 732) Authorizes the Secretary to use up to 20 percent of competitive research funds under this Act for a competitive grants program similar to the initiative for future agriculture and food systems.
(Sec. 733) Prohibits the use of funds under this Act to carry out Commodity Credit Corporation (CCC)-funded rehabilitation of certain dams.
(Sec. 734) Prohibits the use of funds under this Act to close or relocate the FDA Division of Pharmaceutical Analysis in Saint Louis, Missouri, outside the city or county limits.
(Sec. 735) Prohibits fund use to carry out the rural strategic investment program.
(Sec. 736) Authorizes the Department to use any unobligated salaries and expense funds to reimburse the Office of General Counsel for representing its agencies and offices in employee complaints before the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, or the Merit Systems Protection Board.
(Sec. 737) Prohibits fund use to carry out the rural firefighters and emergency personnel grant program.
(Sec. 738) States that the Agricultural Marketing Service and the Grain Inspection, Packers and Stockyards Administration shall not be required to establish obligations and outlays for purchases of interest bearing investments outside of the Treasury under specified circumstances.
(Sec. 739) Authorizes the Secretary to use specified food stamp funds for commodity processing, storage, transporting, and distribution.
(Sec. 740) Limits: (1) wetlands reserve program enrollment acreage for 2005; and (2) funds for the environmental quality incentives program.
(Sec. 742) Authorizes the Secretary to permit Department employees to carry and use firearms for personal protection in remote locations in the performance of their official duties.
(Sec. 743) Prohibits fund use for renewable energy system and energy efficiency improvements assistance.
(Sec. 744) Prohibits certain fund use for access to broadband telecommunications in rural areas, with an exception for funds provided in FY 2003.
(Sec. 745) Limits funds made available in FY 2005 or preceding fiscal years under the Agricultural Trade Development and Assistance Act of 1954 to reimburse CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act.
(Sec. 746) Prohibits certain fund use to carry out the value-added market development grant program.
(Sec. 747) Directs the Secretary, with lender consent, to structure the annual fee payment schedule for rural electrification and telephone bond and loan guarantees so as not to exceed an average of 30 basis points per year for the term of the loan in order to ensure fund availability to pay related subsidy costs.
(Sec. 748) Authorizes the Natural Resources Conservation Service to provide financial and technical assistance to the Dry Creek project, Utah.
(Sec. 749) Limits fund use for: (1) the conservation security program; (2) the grazing, wildlife habitat incentive, source water protection, and Great Lakes Basin programs; and (3) the farmland protection program.
(Sec. 752) Directs the Secretary to provide assistance to commercial citrus and lime growers in Florida for tree replacement and for lost production for certain trees removed to control citrus canker, and for certified citrus nursery stocks within the citrus canker quarantine areas.
(Sec. 753) Limits FY 2005 fund use to carry out the rural business investment program.
(Sec. 754) Prohibits the use of funds under this Act: (1) in violation of PL 105-264 (Travel and Transportation Reform Act of 1998); (2) to revise a proposed rule (July 8, 2003) respecting cost-sharing for animal and plant health emergency programs of the Animal and Plant Health Inspection Service; and (3) without specific congressional authorization, to study or enter into a contract with a private party for competitive sourcing activities relating to rural development or farm loan programs.
(Sec. 755) Limits funds use to carry out a ground and water surface conservation program.
(Sec. 758) Authorizes the Secretary to enter into cooperative aircraft lease agreements under the Animal and Plant Health Inspection Service.
(Sec. 759) Appropriates funds (to remain available through FY 2006) for the Northern Great Plains Regional Authority.
(Sec. 760) Limits fund use for the bioenergy program.
(Sec. 761) Amends the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Programs Appropriations, 2004 to make Delta Regional Authority grants available for any rural community advancement program purpose.
(Sec. 762) Rescinds specified funds from the: (1) rural housing assistance grant program; and (2) rural housing insurance fund program.
(Sec. 763) Authorizes Department agencies and offices to use available discretionary funds to prepare for final employment discrimination decisions.
(Sec. 765) States that in the case of a high cost isolated rural area that is not connected to a road system in Alaska, 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) Makes specified FY 2002 through 2005 conservation program funds under the Food Security Act of 1985 available (but not for new obligations) until expended.
(Sec. 767) Appropriates funds to the Denali Commission to address solid waste disposal problems which threaten to contaminate rural drinking water supplies.
(Sec. 768) States that the Alaska Department of Community and Economic Development shall be: (1) eligible to receive a water and waste disposal grant for up to 75 percent of the cost of providing water and sewer service to the proposed hospital in the Matanuska-Susitna Borough, Alaska; and (2) allowed to pass the grant funds to the local government entity that will provide such service.
Makes the following construction projects eligible for community facilities grants (75 percent maximum): (1) the Tri-Valley Community Center addition in Healy, Alaska; (2) the Cold Climate Housing Research Center in Fairbanks, Alaska; and (3) the University of Alaska-Fairbanks Allied Health Learning Center skill labs/classrooms.
Considers Guymon, Shawnee, and Altus, Oklahoma; New Miami, Ohio; and Vicksburg, Mississippi, eligible for rural housing insurance fund loans and grants until receipt of the 2010 Census.
States that community facilities grants for Ellisville, and Waynesboro, Mississippi, shall be made without a non-Federal cost share requirement.
Considers Great Falls, Montana, a rural area for business and industry guaranteed loan eligibility until receipt of the 2010 Census.
Authorizes the Secretary to consider the Piedmont Municipal Power Agency of South Carolina eligible to participate in rural utilities service programs until receipt of the 2010 Census.
States that until receipt of the 2010 Census, for all rural development mission area programs in Honolulu County, Hawaii, the Secretary may designate any portion of the county as a rural area or eligible rural community, except for any area included in the Honolulu Census Designated Place as determined by the Secretary of Commerce.
(Sec. 769) Amends PL 480 to rename the John Ogonowski Farmer-to-Farmer program as the John Ogonowski and Doug Bereuter Farmer-to-Farmer program.
(Sec. 770) Authorizes community facility program borrowers and grantees to enter into service contracts with not-for-profit third parties.
(Sec. 771) Authorizes the Secretary to: (1) make funding and other assistance available through the emergency watershed protection program to repair and prevent damage to nonfederal land in watersheds that have been impaired by fires initiated by the Federal Government; and (2) waive related cost sharing requirements.
(Sec. 772) Prohibits the use of funds under this Act to: (1) provide agricultural credits or credit guarantees for commodities for use in Iraq in violation of specified credit restrictions under the Agricultural Trade Act of 1978; (2) make certain previously-enrolled land planted to hardwood trees ineligible for the conservation reserve program; and (3) restrict to prescription use a contraceptive that has been determined to be safe and effective.
(Sec. 776) Amends the Food Security Act of 1985 to provide privacy protection for certain farm product sellers by using a "unique identifier" selected by the Secretary of State using a selection system or method approved by the Secretary.
(Sec. 777) Amends the Equity in Educational Land Grant Status Act of 1994 to include Tohono O`odham Community College among the "1994 Institutions." (Makes such College eligible for land-grant college benefits as provided for by such Act.)
(Sec. 778) Rescinds specified unobligated funds in the agricultural conservation program account.
(Sec. 779) Makes funds available to the Dakota Value Capture Cooperative under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 available until expended for a project conducted by the Dakota Value Capture Cooperative at South Dakota State University.
(Sec. 780) Prohibits fund use to pay the administrative expenses of a State agency that authorizes any new for-profit vendor to transact Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) food instruments if more than 50 percent of the vendor's expected annual food sales will be derived from the sale of WIC-obtained supplemental foods. Permits such vendor's authorization to assure participant access to program benefits.
(Sec. 781) Rescinds specified unobligated funds: (1) under the Act of August 24, 1935; and (2) available to the Foreign Agricultural Service under title I of PL 480.
(Sec. 783) Authorizes the Secretary to use unobligated Rural Utilities Service carryover funds (not including rural community advancement program funds) to carry out 911 access expansion activities.
(Sec. 784) Prohibits fund use to reduce the Wildlife Habitat Management Institute in Mississippi as in existence on December 17, 2003.
(Sec. 785) Includes elk, reindeer and bison in livestock assistance programs.
(Sec. 786) Appropriates funds for milk processing and packaging facilities in Alaska.
(Sec. 787) Appropriates grant funds to Alaska Village Initiatives for a private lands wildlife management program in Alaska.
(Sec. 788) Amends the Richard B. Russell National School Lunch Act, as amended by the Child Nutrition and WIC Reauthorization Act of 2004, to extend: (1) the summer food service rural transportation program through FY 2006; and (2) interim and final program report dates. Makes specified technical corrections.
(Sec. 789) Amends the Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act, 2005 to provide assistance to producers and first handlers of the 2004 crop of cottonseed in counties declared a disaster due to hurricanes and tropical storms. (Current law provides assistance only for hurricane damage.)
(Sec. 790) Appropriates funds for: (1) the Ohio Livestock Expo Center in Springfield, Ohio; (2) the Virginia Horse Center in Lexington, Virginia; (3) the Wisconsin Federation of Cooperatives for pilot Wisconsin-Minnesota health care cooperative purchasing alliances; and (4) the Florida Department of Citrus.
(Sec. 792) Rescinds specified unobligated balances for: (1) the Great Plains conservation program; (2) the forestry incentives program; (3) the water bank program; and (4) the John's Creek, Tennessee, watershed and flood prevention operations project.
(Sec. 794) Amends the Food Security Act of 1985 to authorize the Secretary to enter into alternative funding arrangements with federally recognized Native American Indian Tribes and Alaska Native Corporations (including affiliated membership organizations) if program objectives will be met and statutory contract limitations with individual producers will not be exceeded.
(Sec. 796) Authorizes States administering the child and adult care food program to reallocate FY 2004 funds for participant-institution audits.
(Sec. 797) Amends the Food Security Act of 1985 with respect to the grassland reserve program to provide that if a private organization or State agency holding an easement on land dissolves or fails to enforce the terms of the easement, the easement shall revert to the Secretary. (Current law provides that the owner of the land shall reassign the easement to the Secretary or to a new private organization approved by the Secretary.)
Division B: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005 - Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005 - Title I: Department of Justice - Department of Justice Appropriations Act, 2005 - Makes appropriations for the Department of Justice for FY 2005 for: (1) general administration, including for a joint automated booking system, an integrated automated fingerprint identification system, office automation expenses of specified organizations, conversion to narrowband communications, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee, and the Office of the Inspector General; (2) the U.S. Parole Commission; (3) legal activities, including reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, for antitrust enforcement, the Offices of the U.S. Attorneys, the U.S. Trustee Program, the Foreign Claims Settlement Commission, the U.S. Marshals Service (including for construction of prisoner-holding space), fees and expenses of witnesses, the Community Relations Service, for certain uses of the Assets Forfeiture Fund, and payment to the Radiation Exposure Compensation Trust Fund; (4) interagency crime and drug enforcement; (5) the Federal Bureau of Investigation (FBI); (6) the Drug Enforcement Administration (DEA); (7) the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE); (8) the Federal Prison System, including for the construction of new buildings and facilities and for the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); (9) the Office on Violence Against Women for prevention and prosecution programs; and (10) the Office of Justice Programs, including State and local law enforcement assistance, the Weed and Seed Program Fund, community-oriented policing services, juvenile justice programs, and public safety officers benefits.
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 102) Prohibits the use of funds appropriated by this title to: (1) 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; or (2) require any person to perform or facilitate an abortion.
(Sec. 104) Declares that nothing in the prohibition against the use of funds for abortions shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside of a Federal facility.
(Sec. 105) Declares that 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. 107) Continues in effect during FY 2005 the requirement that the Attorney General award posthumous citizenship to individuals with pending naturalization applications who died of injuries related to the terrorist attacks of September 11, 2001.
(Sec. 108) Makes funds available for Project Seahawk.
(Sec. 109) Authorizes the Attorney General to extend through FY 2006 the Personnel Management Demonstration Project for certain positions of the ATFE Bureau, without limitation on the number of employees or positions covered.
(Sec. 110) Prohibits the use of funds by the DEA to establish a procurement quota following approval of a new drug application or an abbreviated new drug application for a controlled substance.
(Sec. 111) Declares that the foregoing prohibition shall not apply to any new drug application or abbreviated new drug application for which the DEA has reviewed and provided public comments on labeling, promotion, risk management plans, and any other documents.
(Sec. 112) Amends Federal civil service law to authorize the Director of the FBI to delay the mandatory retirement age for an FBI agent until the agent reaches age 65. (Currently the mandatory retirement age is 57 and the Director has authority to delay the age of retirement to 60.)
(Sec. 113) Authorizes the Director of the FBI to pay retention and relocation bonuses to FBI employees. Terminates such authority after calendar 2009.
(Sec. 114) Authorizes the Director of the FBI to establish a Federal Bureau of Investigation Reserve Service for temporary reemployment of employees in the FBI during periods of emergency.
(Sec. 115) Authorizes the FBI to designate certain intelligence-related positions as critical and to compensate them at level I of the Executive Schedule.
(Sec. 116) Authorizes certain appropriations to the ATFE Bureau for undercover operations necessary for the detection and prosecution of crimes against the United States.
(Sec. 117) Includes the Director of the ATFE Bureau within the class of Federal officers and employees eligible for passenger carrier transport between residence and place of employment.
(Sec. 118) Requires the Bureau of Prisons to: (1) submit a comprehensive financial plan to the House and Senate Appropriations Committees; and (2) implement a pilot program 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.
(Sec. 120) Prohibits the use of funds appropriated by this Act: (1) to transport a maximum or high security prisoner to a prison or other facility that is not appropriately secure for housing such a prisoner; or (2) for the purchase by Federal prisons of cable television services or other electronic equipment used primarily for recreational purposes.
(Sec. 122) Amends the Radiation Exposure Compensation Act to end appropriations for the Radiation Exposure Compensation Trust Fund with FY 2005. (Currently, appropriations are made through FY 2011.)
(Sec. 123) Amends the Prison Rape Elimination Act of 2003 to rename the National Prison Rape Reduction Commission as the National Prison Rape Elimination Commission.
(Sec. 124) Authorizes the President to award and present a 9/11 Heroes Medal of Valor to an appropriate representative of those members of public safety agencies killed in the terrorist attacks in the United States on September 11, 2001, as certified by the Attorney General by July 1, 2005, on behalf of such individuals.
Requires such presentation to be made as close as feasible to the 4th anniversary of the terrorist attacks.
Makes an individual eligible for such award if the individual was a public safety officer who: (1) was present in New York, Virginia, or Pennsylvania on September 11, 2001; (2) participated in the response that day to the terrorist attacks on the World Trade Center (WTO), the Pentagon, or that resulted in the crash of the fourth airplane in Pennsylvania; and (3) died as a result of such participation. Deems an individual who was killed in one of the attacks (for eligibility requirements) to have participated in the response.
(Sec. 125) Directs the Attorney General to transfer, without reimbursement, to the Secretary of the Army a specified parcel of real property, including any improvements, located on River Road in Prince George County, Virginia. Transfers administrative jurisdiction of the property from the Bureau of Prisons to the Secretary of the Army, who shall assume administrative and jurisdictional accountability over the property and include it as part of Fort Lee, Virginia.
(Sec. 126) Directs the Department of Justice to establish an Office of Justice for Victims of Overseas Terrorism.
Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 2005 - Makes appropriations for the Department of Commerce for FY 2005 for: (1) the Office of the U.S. Trade Representative; (2) the National Intellectual Property Law Enforcement Coordination Council; (3) the International Trade Commission; (4) the International Trade Administration; (5) the Bureau of Industry and Security; (6) the Economic Development Administration; (7) the Minority Business Development Agency; (8) economic and statistical analysis programs; (9) the Bureau of the Census; (10) the National Telecommunications and Information Administration; (11) public telecommunications facilities planning and construction grants; (12) information infrastructure grants; (13) the U.S. Patent and Trademark Office; (14) the Under Secretary for Technology, Office of Technology Policy; (15) the National Institute of Standards and Technology (NIST), including amounts for the Manufacturing Extension Partnership and for construction of new research facilities; (16) the National Oceanic and Atmospheric Administration (NOAA), including transfer of funds, and an amount for procurement, acquisition, and construction of capital assets; (17) restoration of Pacific salmon populations; (18) the Coastal Zone Management Fund; (19) the Fishermen's Contingency Fund; (20) the fisheries finance program account; and (21) departmental management, including the U.S. Travel and Tourism Promotion Program and the Office of Inspector General.
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 205) Prohibits the use of funds to reimburse the Unemployment Trust Fund or any other account of the Treasury to pay unemployment compensation expenses with respect to temporary census workers.
(Sec. 206) Specifies amounts available to certain organizations, including the Alaska Fisheries Marketing Board, for the promotion and development of fishery products and research pertaining to American fisheries. Makes the Alaska Fisheries Marketing Board a nonprofit organization whose Executive Director may be a Department of Commerce employee appointed or designated by the Secretary of Commerce.
(Sec. 207) Authorizes the Secretary of Commerce to operate a marine laboratory in South Carolina in accordance with a specified memorandum of agreement.
(Sec. 208) Provides that funds made available to administer the Emergency Steel Loan Guarantee Program shall remain available until expended.
(Sec. 209) Provides for the financing of a fishing capacity reduction program for the Southeast Alaska purse seine fishery.
(Sec. 210) Places the Coordinator for International Intellectual Property Enforcement on the International Intellectual Property Law Enforcement Coordination Council.
(Sec. 211) Specifies funding levels for certain NIST projects.
(Sec. 212) Extends through FY 2007 funding for the environmental cleanup of the Pribilof Islands.
(Sec. 213) Authorizes the State of Hawaii to enforce its own laws (to the extent that they are no less restrictive than Federal law) for the operation in State waters of recreational and commercial vessels, for purposes of conservation and management of humpback whales.
(Sec. 214) Directs the Administrator of NOAA to establish and administer the Ernest F. Hollings Scholarship Program to award scholarships in oceanic and atmospheric science, research, technology, and education.
(Sec. 215) Terminates as of April 4, 2008, the U.S. reversionary right, title, and interest in the NOAA property known as the Tiburon Laboratory, located in Tiburon, California, which was conveyed to the Board of Trustees of the California State University.
(Sec. 216) Requires the Secretary to pay by March 1, 2005, $5 million to the National Marine Sanctuaries Foundation to capitalize a fund for ocean activities.
(Sec. 217) Subjects any funding provided under this title which is used to implement the Department's E-Government Initiatives to the procedures set forth in section 605 of this Act.
(Sec. 218) Provides for the financing of a fishing capacity reduction program for the: (1) Federal Gulf of Mexico Reef Fish Fishery Management Plan; and (2) non-pollock groundfish fishery in the Bering Sea and Aleutian Islands Management Area.
(Sec. 220) Bars the use of funds appropriated in this Act or any other Act 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) Provides additional funding, to remain available until expended, for the Federal Credit Reform Act cost of a certain reduction loan under the Merchant Marine Act, 1936 (not to exceed an additional $25 million in principal) for the capacity reduction program for non-pollock groundfish fishery in the Bering Sea and Aleutian Islands Management Area.
Title III: The Judiciary - Judiciary Appropriations Act, 2005 - Makes appropriations for: (1) the U.S. Supreme Court, including for care of the court building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services, including for defender services, fees of jurors and commissioners, and court security; (5) the Administrative Office of the U.S. Courts; (6) the Federal Judicial Center; (7) judicial retirement funds; and (8) the U.S. Sentencing Commission.
Specifies certain uses and limits on or prohibitions against the uses of funds appropriated by this Act.
(Sec. 304) Increases maximum compensation levels for court-appointed criminal defense attorneys and allowances for investigators, experts, and other services under the Criminal Justice Act.
(Sec. 305) Requires the Administrative Office of the U.S. Courts to submit to the House and Senate Appropriations Committees a comprehensive financial plan for the Judiciary.
(Sec. 306) Authorizes a salary adjustment for U.S. Justices and judges.
(Sec. 307) Increases certain filing fees in U.S. district courts and the amount of their disposition.
(Sec. 308) Requires fees collected for the processing of violations through the Central Violations Bureau cases as prescribed by the U.S. Judicial Conference to be deposited to the "Courts of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses" appropriation.
Title IV: Department of State and Related Agency - Department of State and Related Agency Appropriations Act, 2005 - Makes appropriations for the Department of State for FY 2005 for: (1) administration of foreign affairs, diplomatic and consular programs; (2) the Capital Investment Fund; (3) modernization of information technology systems and networks; (4) the Office of Inspector General; (5) educational and cultural exchange programs; (6) representation allowances; (7) protection of foreign missions and officials; (8) U.S. embassy security, construction, and maintenance; (9) emergencies in the diplomatic and consular service; (10) the repatriation loans program account; (11) the American Institute in Taiwan; (12) the Foreign Service Retirement and Disability Fund; (13) international organizations, peacekeeping, and commissions; (14) the International Boundary and Water Commission, United States and Mexico; (15) plan preparation and construction of authorized projects; (16) the International Joint Commission and the International Boundary Commission, United States and Canada; (17) international fisheries commissions; (18) the Asia Foundation; (19) the Center for Middle Eastern-Western Dialogue Trust Fund; (20) the Eisenhower Exchange Fellowships, Incorporated; (21) the Israeli Arab Scholarship Program; (22) the Center for Cultural and Technical Interchange Between East and West; and (23) the National Endowment for Democracy.
Makes appropriations for the Broadcasting Board of Governors for FY 2005 for international broadcasting operations and capital improvements.
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 403) Bars the use of funds under in this Act by the Department of State or the Broadcasting Board of Governors to provide assistance to the Palestinian Broadcasting Corporation.
(Sec. 404) Directs the Senior Policy Operating Group on Trafficking in Persons to coordinate policies related to international trafficking in persons, including traffickers and victims of severe forms of trafficking.
(Sec. 405) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary of State to pay a reward to any individual who furnishes information which leads to the disruption of financial mechanisms of a foreign terrorist organization, including the organization's use of illicit narcotics production or international narcotics trafficking. Increases the maximum amount of such award from $5 million to $25 million. Allows an increased award for information leading to the capture of the leader of a foreign terrorist organization.
Authorizes the Secretary to conduct media surveys in countries associated with acts of international terrorism and to disseminate information about the reward program.
(Sec. 406) Directs the Secretary of State to record the place of birth of a U.S. citizen who is born in Jerusalem as Israel.
(Sec. 407) Requires the Secretary of State to provide to a Member of the House or Senate Appropriations Committee a copy of each cable sent to a State Department employee pertaining to any topic specified by the requesting Member within 15 days after the Member's request, regardless of the cable's level of classification.
(Sec. 408) Establishes the Office of the Coordinator for Reconstruction and Stabilization within the Department of State. Sets forth the functions of such Office, including monitoring functions for the purpose of addressing crises in countries in conflict or civil strife.
(Sec. 409) Directs the Secretary of State to require each chief of mission to review, at least once every five years according to the NSDD-38 process, and report on every staff element of chief of mission authority, recommending approval or disapproval.
(Sec. 410) Authorizes the Department of State and the Broadcasting Board of Governors to obligate and expend funds notwithstanding certain statutory restrictions.
(Sec. 411) Adjusts the percentage limitations on the U.S. share of assessments for United Nation (UN) peacekeeping activities for 2005.
(Sec. 412) Amends the Foreign Service Act of 1980 to revise the Senior Foreign Service pay system.
(Sec. 413) Amends the State Department Basic Authorities Act of 1956 to authorize the Department of State to settle employee salary claims and other personnel grievances.
Title V: Related Agencies - Makes appropriations for FY 2005 for: (1) the Antitrust Modernization Commission; (2) the Commission for the Preservation of America's Heritage Abroad; (3) the Commission on Civil Rights; (4) the U.S. Commission on International Religious Freedom; (5) the Commission on Security and Cooperation in Europe; (6) the Congressional-Executive Commission on the People's Republic of China; (7) the Equal Employment Opportunity Commission (EEOC); (8) the Federal Communications Commission (FCC); (9) the Federal Trade Commission (FTC); (10) the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission; (11) the Legal Services Corporation, with specified restrictions; (12) the Marine Mammal Commission; (13) the National Veterans Business Development Corporation; (14) the Securities and Exchange Commission (SEC); (15) the Small Business Administration (SBA), including the Office of Inspector General, the Surety Bond Guarantees Revolving Fund, the Business Loans Program Account, and the Disaster Loans Program Account; (16) the State Justice Institute; (17) the United States-China Economic and Security Review Commission; (18) the U.S. Institute of Peace; and (19) the United States Senate-China Interparliamentary Group.
Title VI: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 601) Prohibits the use of funds for: (1) publicity or propaganda purposes not authorized by Congress; (2) construction, repair (other than emergency repair), overhaul, conversion, or modernization of NOAA vessels in shipyards outside the United States: or (3) the use of any guidelines similar to certain EEOC guidelines published in 1993 covering harassment based on religion.
(Sec. 608) Disqualifies any person from receiving a contract funded by this Act who intentionally affixes a fraudulent "Made in America" label to any product sold in or shipped to the United States.
(Sec. 609) Prohibits the use of funds under this Act for the funding of UN peacekeeping missions involving U.S. armed forces under the command of a foreign national unless sanctioned by the President.
(Sec. 610) Requires the Departments of Commerce, Justice, and State, the Judiciary, the FCC, the SEC, and the SBA to provide the House and Senate Appropriations Committees with a quarterly accounting of the cumulative balances of any unobligated funds made available to such agencies during any previous fiscal year.
(Sec. 611) Prohibits the use of funds under this Act for: (1) opening, operating, or expanding any U.S. diplomatic or consular post in the Socialist Republic of Vietnam that was not operating on July 11, 1995 or increasing the number of personnel assigned in that country; (2) promoting the sale or export of tobacco or tobacco products; (3) issuing visas to any individuals named or implicated in certain killings or murders in Haiti; or (4) implementing any tax or fee for the implementation of the national instant criminal background check system for firearms or any background check system that does not require the destruction of identifying information of any person who has been determined not to be prohibited from owning a firearm.
(Sec. 616) Provides that amounts deposited or available in the Crime Victims Fund in any fiscal year in excess of $625 million shall not be available for obligation until the following fiscal year.
(Sec. 617) Prohibits the use of funds under this Act for: (1) the use of Department of Justice funds to discriminate against or denigrate the religious or moral beliefs of students participating in certain programs, or their parents or legal guardians; or (2) the granting of visas to citizens of countries that deny or unreasonably delay accepting the return of their citizens under the Immigration and Nationality Act.
(Sec. 619) Earmarks specified additional SBA funds for certain entities.
(Sec. 620) Requires the SBA to administer all disaster loans issued in Alaska, and prohibits the sale of such loans.
(Sec. 622) Requires the Departments of Commerce, Justice, and State, the Judiciary, the SEC, and the SBA to certify that telecommuting opportunities are available to 100 percent of their eligible workforce, to make quarterly reports on the status of telecommuting programs, and to designate a Telework Coordinator.
(Sec. 623) Directs the Secretary of Commerce, with the President's consent, to represent the United States in negotiating and monitoring international agreements regarding fisheries, marine mammals, or sea turtles.
(Sec. 624) Requires the ATFE Bureau to include certain disclaimers in data releases on the limitations of data in firearms tracing studies with respect to firearms-related crime.
(Sec. 625) Prohibits the use of funds under this Act for: (1) violation of provisions of the Immigration and Nationality Act denying admissibility to aliens engaged in international child abduction; (2) the issuance of patents on claims directed to or encompassing a human organism; or (3) payment of expenses for any U.S. delegation to any UN specialized agency, body, or commission if such commission is chaired or presided over by a country that has provided support for acts of international terrorism.
(Sec. 628) Directs the Department of Justice, the Department of Homeland Security, and the Department of State to study and report to the House and Senate Appropriations Committees on all matters relating to interagency review of applications for nonimmigrant visas.
(Sec. 629) Amends the Secure Embassy Construction and Counterterrorism Act of 1999 to require all agencies (excluding the Marine Security Guard) with personnel overseas to participate and provide funding in advance for their share of the costs for providing new, safe, secure diplomatic facilities.
(Sec. 630) Prohibits a project to construct a U.S. diplomatic facility from including 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 the full amount of advanced funding for its share of the costs for such facility. Excludes the Marine Corps from such prohibition.
(Sec. 631) Expresses the sense of Congress that the Secretary of State, at the most immediate opportunity, should: (1) determine whether recent events in the Darfur region of Sudan constitute genocide; and (2) support the investigation and prosecution of war crimes and crimes in that region.
(Sec. 632) Prohibits the use of funds under this Act for the support or justification of the use of torture by any official or contract employee of the United States.
(Sec. 633) Amends the Department of Justice and Related Agencies Appropriations Act, 1993 to modify certain requirements relating to the DEA diversion control program.
Declares that reimbursement to DEA from the Diversion Control Fee Account for expenses of the diversion control program shall be made without distinguishing between expenses related to controlled substance activities and expenses related to chemical activities.
Defines diversion control program as DEA controlled substance and chemical diversion control activities (related to registration and control of the manufacture, distribution, dispensing, importation, and exportation of controlled substances and listed chemicals).
(Sec. 634) Prohibits the use of funds under this Act by the FCC to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.
(Sec. 635) Allows the unobligated balance under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 for the necessary expenses of the United States-Canada Alaska Rail Commission to be transferred as a direct lump-sum payment to the University of Alaska.
(Sec. 636) Amends the Small Business Act to declare that the National Veterans Business Development Corporation is a private entity and is not a Federal agency, instrumentality, authority, entity, or establishment.
(Sec. 637) Earmarks (out of amounts made available in this Act for the Departments of State, the Judiciary, and Commerce, the U.S. Trade Representative, and the Broadcasting Board of Governors) funds to implement the Capital Security Cost Sharing Program under section 629 of this Act.
(Sec. 638) Authorizes the FCC, in accordance with this Act, to sell the monitoring facilities in Honolulu, Hawaii, and Livermore, California, including all real property.
(Sec. 639) Prohibits the use of funds appropriated by this Act to contravene certain provisions of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 prohibiting: (1) promotion or advocacy of the legalization or practice of prostitution or sex trafficking; or (2) assistance to any group or organization that does not have a policy explicitly opposing prostitution and sex trafficking.
(Sec. 640) Rescinds 0.54 percent of the budget authority provided for in FY 2005 for any discretionary account in this Act.
Title VII: Rescissions - Rescinds specified unobligated balances available to: (1) the Department of Justice for the Working Capital Fund, the Asset Forfeiture Fund, and the Office of Justice Programs for State and local law enforcement assistance, community oriented policing services, and juvenile justice; and (2) the Department of Commerce for NIST for the Advanced Technology Program and the FCC.
Title VIII: Patent and Trademark Fees - (Sec. 801) Establishes patent and trademark fees for FY 2005 and 2006, including specified: (1) general patent fees; (2) patent maintenance fees; (3) patent search fees; and (4) fees for small entities.
(Sec. 802) Prescribes fees under the Trademark Act of 1946 for electronic and paper applications for trademark registration.
(Sec. 803) Sets forth effective dates, applicability, and transitional requirements for the revisions in patent and trademark fees under this title.
Title IX: Oceans and Human Health Act - Oceans and Human Health Act - (Sec. 902) Requires the President, through the National Science and Technology Council (NSTC), to coordinate and support a national research program to improve understanding of the role of the oceans in human health.
Directs the NSTC, through the Director of the Office of Science and Technology Policy, to coordinate and submit a plan to Congress for coordinated Federal activities under the program.
Declares that nothing in this title is intended to duplicate or supersede the activities of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established under the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998.
Specifies the requirements and scope of the plan.
(Sec. 903) Authorizes the Secretary of Commerce, as part of the interagency oceans and human health research program, to establish an Oceans and Human Health Initiative (OHHI) to coordinate and implement research and activities of the NOAA related to the role of the oceans, the coasts, and the Great Lakes in human health.
Authorizes the OHHI to provide support for: (1) centralized program and research coordination; (2) an advisory panel; (3) one or more NOAA national centers of excellence; (4) research grants; and (5) distinguished scholars and traineeships.
Authorizes the Secretary to: (1) establish an oceans and human health advisory panel to assist in the development and implementation of the OHHI; (2) identify and provide financial support through a competitive process to develop, within the NOAA, for one or more centers of excellence that strengthen NOAA capabilities to carry out its programs and activities related to the oceans' role in human health; (3) provide grants of financial assistance (through a competitive peer-reviewed, merit-based process) to the scientific community for critical extramural research and projects that explore the relationship between the oceans and human health that complement or strengthen NOAA programs and activities related to such role; and (4) establish a program to provide traineeships, training, and experience 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) Requires the Secretary, in cooperation with the National Sea Grant program, to design and implement a program to disseminate information developed under the OHHI, including research, assessments, and findings regarding the relationship between oceans and human health, on both a regional and national scale.
(Sec. 905) Authorizes appropriations for FY 2005 through 2008.
Division C: Energy and Water Development Appropriations Act, 2005 - Energy and Water Development Appropriations Act, 2005 - Title I: Department of Defense - Civil - Makes FY 2005 appropriations for: (1) the U.S. Army Corps of Engineers (civil functions of the Department of the Army pertaining to rivers and harbors, flood control, shore protection and storm damage reduction, and aquatic ecosystem restoration); (2) general investigations (collection and study of basic information pertaining to rivers and harbors, flood control, shore protection, storm damage reduction, and related projects); (3) construction (river and harbor, flood control, shore protection, storm damage reduction, and related projects); (4) flood damage reduction for the Mississippi River alluvial valley below Cape Girardeau, Missouri; (5) operation and maintenance of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects; (6) administration of laws pertaining to regulation of navigable waters and wetlands; (7) clean up of contamination at U.S. sites resulting from work performed as part of the Nation's early atomic energy program; (8) general administration and related civil works functions in the headquarters of the Corps, the offices of the Division Engineers, the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the U.S. Army Engineer Research and Development Center, and the Corps Finance Center; and (9) the Office of Assistant Secretary of the Army (Civil Works).
(Sec. 101) Limits funds for agreements proposed by the Assistant Secretary of the Army for Civil Works or the Corps under specified project authorities to credits and reimbursements per project of up to $10 million in each fiscal year, and total credits and reimbursements for all applicable projects of up to $50 million in each fiscal year.
(Sec. 102) Prohibits the use of appropriated funds by the Corps to support activities related to the proposed Ridge Landfill in Tuscarawas County, Ohio.
(Sec. 103) Prohibits the use of appropriated funds to demonstrate or implement any plans divesting or transferring any Civil Works responsibilities of the Corps to other Government agencies without specific direction in a subsequent Act of Congress.
(Sec. 104) Modifies the project for flood protection at Alamogordo, New Mexico, to direct the Secretary to construct a flood detention basin to protect the north side of the City of Alamogordo, New Mexico, from flooding.
(Sec. 105) Prohibits the use of appropriated funds by the Corps to support activities related to the proposed Indian Run Sanitary Landfill in Sandy Township, Stark County, Ohio.
(Sec. 106) Bars the use of funds made available in this Act 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 concerning the closure or removal).
(Sec. 107) Bars the use of funds made available in this Act to carry out any water reallocation project or component under the Wolf Creek Project, Lake Cumberland, Kentucky.
(Sec. 108) Authorizes the Secretary of the Army (Secretary for this title) to establish a program for providing environmental assistance to non-Federal, publicly owned interests in Lake Tahoe Basin. Sets the Federal share of project costs at 75 percent.
(Sec. 109) Amends the Water Resources Development Act of 1996, to allow work-in-kind as the non-Federal share of the cost to provide assistance for the Lake Tahoe watershed, California and Nevada, and Walker River Basin, Nevada.
(Sec. 110) Directs the Assistant Secretary to enter into an agreement with the Orange County Water District, Orange County, California, for purposes of water conservation 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.
(Sec. 111) Authorizes the Secretary to: (1) construct a new Black Warrior-Tombigbee Rivers, Alabama, project management office at a location within the vicinity of Tuscaloosa, Alabama, at full Federal expense; and (2) 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. Authorizes appropriations.
(Sec. 112) Requires the Secretary to: (1) submit the Chief of Engineers Report on a water resources matter to the appropriate authorizing and appropriating congressional committees; and (2) report to Congress on any water resources matter on which the Chief of Engineers has reported.
(Sec. 114) Amends the Coastal Wetlands Planning, Protection, and Restoration Act to remove certain restrictions on the distribution of appropriations for: (1) coastal wetland conservation planning expenditures; (2) coastal wetlands conservation grants; and (3) North American wetlands conservation.
Amends the Dingell-Johnson Sport Fish Restoration Act to extend from 2009 to 2019 the availability of funds to implement the Coastal Wetlands Planning, Protection, and Restoration Act.
(Sec. 115) Directs the Secretary 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) Authorizes the Secretary to undertake the Central City (Ft. Worth) River Project on the Trinity River and Tributaries, Texas, at specified Federal and non-Federal costs if the Secretary determines the work is technically sound and environmentally acceptable.
(Sec. 117) Authorizes the Secretary to implement, at full Federal expense, structural and non-structural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in Alaska, including relocation of affected communities and construction of replacement facilities.
(Sec. 118) Modifies the project for navigation improvements, Cook Inlet, Alaska (Anchorage Harbor), to direct the Secretary to construct a specified harbor depth at the Port of Anchorage intermodal marine facility at each phase of facility modification as such phases are completed and as the entire project is completed.
(Sec. 119) Amends the Miscellaneous Appropriations Act, 2001, to authorize Federal assistance for construction of certain navigation and inland harbor improvement and expansion projects in Northern Wisconsin.
(Sec. 120) Amends the Water Resources Development Act of 1992 to provide additional assistance for waste water infrastructure, St. Croix Falls, Wisconsin.
(Sec. 121) Directs the Secretary to: (1) dredge sediments, at 100 percent Federal cost, in the vicinity of the Bailey (NIPSCO) intake structure near the Burns Waterway Harbor Breakwater; (2) transfer to the Appalachian Regional Commission the unexpended balance of funds appropriated in FY 2003 and 2004 for the Duck River Water Supply Infrastructure Project, Cullman, Alabama; and (3) provide assistance to Yakutat, Alaska Dam.
(Sec. 124) Prohibits the Secretary, acting through the Chief of Engineers, from implementing changes to existing shoreline protection policies that have not been specifically authorized by Congress.
Title II: Department of the Interior - Makes FY 2005 appropriations for: (1) activities authorized by the Central Utah Project Completion Act, with specified funds deposited into the Utah Reclamation Mitigation and Conservation Account; (2) the Bureau of Reclamation; (3) management, development, and restoration of water and related natural resources and related activities, including participation in fulfilling related Federal responsibilities to Native Americans; (4) programs, projects, plans, habitat restoration, and acquisition provisions of the Central Valley Project Improvement Act; and (5) policy and administration in the Office of the Commissioner, the Denver (Colorado) office, and offices in the five regions of the Bureau.
(Sec. 201) Prohibits the use of appropriated funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California have developed a plan which conforms to California water quality standards approved by the Administrator of the Environmental Protection Agency (EPA), in order to minimize any detrimental effect of the San Luis drainage waters. Declares that the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program shall be classified as reimbursable or nonreimbursable and collected until fully repaid. Makes any future obligations by the United States relating to drainage for that Unit fully reimbursable by Unit beneficiaries pursuant to Federal reclamation law.
(Sec. 202) Prohibits the use of appropriated funds 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 such purchase or lease complies with specified statutory purchase requirements.
(Sec. 203) Prohibits payment from the Lower Colorado River Basin Development Fund into the general fund of the Treasury until each provision is met of a specified Stipulation Regarding a Stay and for Ultimate Judgment Upon the Satisfaction of Conditions in Central Arizona Water Conservation District v. United States.
(Sec. 204) States that funds under this Act for Drought Emergency Assistance shall be made available primarily for leasing of water for specified drought related purposes from willing lessors, in compliance with existing State laws and administered under State water priority allocation.
(Sec. 205) Restricts conditions under which the Secretary of the Interior may obligate funds, or use discretion to restrict or reallocate water stored in Heron Reservoir (New Mexico) , or delivered pursuant to San Juan-Chama Project contracts, to meet the requirements of the Endangered Species Act.
(Sec. 206) Sets forth conditions under which the Secretary of the Interior may enter into grants and other agreements with irrigation or water districts and States to fund up to 50 percent of the cost of planning, designing, and constructing water project improvements.
(Sec. 207) Prescribes circumstances under which the Secretary of the Interior may forgive the obligation of certain Animas-La Plata non-Indian sponsors relative to a specified increase in estimated total project costs that occurred in 2003.
(Sec. 208) Authorizes the Secretary of the Interior to extend specified Montana water contracts.
Title III: Department of Energy - Makes FY 2005 appropriations for: (1) the Department of Energy (DOE) for plant and capital equipment, and other expenses necessary for energy supply activities; (2) plant and capital equipment necessary for non-defense environmental management site acceleration completion activities; (3) uranium enrichment facility decontamination, decommissioning, and remedial actions; (4) non-defense environmental services activities that indirectly support the accelerated cleanup and closure mission at environmental management sites; (5) science activities; (6) nuclear waste disposal; (7) salaries and expenses for departmental administration; and (8) the Office of Inspector General.
Makes FY 2005 appropriations for: (1) plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities; (2) atomic energy defense nuclear nonproliferation activities; (3) naval reactors; (4) the Office of the Administrator in the National Nuclear Security Administration; (5) atomic energy defense site acceleration completion activities; (6) defense-related environmental services activities; (7) atomic energy defense, other defense activities, and classified activities; and (8) defense nuclear waste disposal activities, including the acquisition of real property or facility construction or expansion.
Makes FY 2005 appropriations for: (1) the Bonneville Power Administration Fund; (2) operation and maintenance of power transmission facilities and marketing electric power and energy, subject to specified funding for the Southeastern, Southwestern, and Western Area Power Administrations; (3) operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams; and (4) the Federal Energy Regulatory Commission.
(Sec. 301) Prohibits the use of appropriated funds to make payments for a "noncompetitive management and operating contract" (i.e., a contract that was awarded more than 50 years ago without competition for the management and operation of Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley National Laboratory, Lawrence Livermore National Laboratory, and Los Alamos National Laboratory) unless the Secretary of Energy has published in the Federal Register and submitted to certain Appropriations Committees a written notification, of the Secretary's decision to use competitive procedures for the award of the contract, or to not renew the contract, when it expires.
Makes this provision inapplicable to an extension for up to two years of a noncompetitive management and operating contract, if the extension is for purposes of allowing time to award competitively a new contract, to provide continuity of service between contracts, or to complete a contract that will not be renewed.
Prohibits, the use of appropriated funds to award a management and operating contract, or a significant extension or expansion to an existing management and operating contract, unless it is awarded using competitive procedures, or unless the Secretary of Energy grants a waiver on a case-by-case basis. Cites exceptions.
Prohibits the Secretary from delegating such waiver authority. Requires the Secretary to notify certain congressional committees beforehand if the Secretary intends to grant such a waiver, setting forth the substantive reasons why the requirement for competition should be waived.
(Sec. 302) Prohibits the use of appropriated funds to: (1) develop or implement a workforce restructuring plan that covers DOE employees; or (2) provide enhanced severance payments or other benefits for DOE employees under the National Defense Authorization Act for FY 1993 (NDAA).
(Sec. 303) Prohibits the use of appropriated funds to augment the funds made available for obligation by this or any other appropriations Act for FY 2005 or any previous fiscal year for severance payments and other benefits and community assistance grants under NDAA unless DOE submits a reprogramming request subject to approval by the appropriate congressional committees.
(Sec. 304) Prohibits the use of appropriated funds to prepare or initiate Requests For Proposals for a program that has not been funded by Congress.
(Sec. 305) Allows: (1) the unexpended balances of prior appropriations provided for activities in this Act to be transferred to appropriation accounts for such activities established pursuant to this title; and (2) balances so transferred to be merged with funds in the applicable established accounts and thereafter accounted for as one fund for the same time period as originally enacted.
(Sec. 306) Denies the use of any funds for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the Bonneville service territory without certification that such services are unavailable from private sector businesses.
(Sec. 307) Directs DOE to ensure broad public notice of the availability of a user facility, and to employ open competition in selecting a partner for such a facility.
(Sec. 308) Prescribes guidelines for the Administrator of the National Nuclear Security Administration to authorize the manager of a "covered nuclear weapons research, development, testing, or production facility" to engage in research, development, and demonstration activities regarding engineering and manufacturing capabilities at the facility. Restricts the amount that may be used for these activities.
(Sec. 309) Deems funds appropriated by this or any other Act for intelligence activities to be specifically authorized by Congress during FY 2005 for purposes of the National Security Act of 1947, until the enactment of the Intelligence Authorization Act for FY 2005.
(Sec. 310) States that, for purposes of determining compliance of modifications to the Waste Analysis Plan with the hazardous waste analysis requirements of the Solid Waste Disposal Act, 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 EPA hazardous waste numbers are allowed for storage and disposal by the Waste Isolation Pilot Plant (WIPP) Hazardous Waste Facility Permit.
(Sec. 311) Amends the Energy Policy Act of 1992 to require the Secretary of Energy to take title to and possession of depleted uranium at an existing DUF6 storage facility if a licensee requests the Secretary to accept it for disposal.
(Sec. 312) Prescribes guidelines under which the DOE may use funds appropriated by this Act to undertake any procurement action necessary to achieve its small business contracting goals set forth in the Small Business Act.
(Sec. 313) Prohibits the use of funds by DOE to: (1) require its management and operating contractors to perform contract management, oversight, or administration functions prohibited by the Federal Acquisition Regulation in connection with any small business prime contract awarded by DOE; or (2) dispose of transuranic waste in the WIPP which contains 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 generated thereafter.
Title IV: Independent Agencies - Makes appropriations for FY 2005 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission; (6) the Office of the Inspector General; and (7) the Nuclear Waste Technical Review Board.
Title V: General Provisions - (Sec. 501) Prohibits the use of funds appropriated by this Act to influence congressional action on legislation or appropriation matters pending before Congress, with specified exceptions.
(Sec. 502) Prohibits the transfer of funds made available in this Act to any instrumentality of the Government, except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriation Act.
(Sec. 503) States that none of the funds made available in this Act may be used to deny requests for the public release of the following documents or evidence obtained through or in the Western Energy Markets: (1) Enron Investigation; (2) the California Refund case; (3) the Anomalous Bidding Investigation, or (4) the Physical Withholding Investigation.
(Sec. 504) Amends the Energy and Water Development Appropriations Act, 2002 to extend to 2007 the prohibition against oil and gas drilling in the Great Lakes.
(Sec. 505) Authorizes the Secretary of the Army to transfer and advance funds to the Administrator of the Bonneville Power Administration to carry out joint activities in connection with Federal projects in the Pacific Northwest.
(Sec. 506) Amends the Consolidated Farm and Rural Development Act to extend for four years the voting method for the Delta Regional Authority.
Title VI: Reform of the Board of Directors of the Tennessee Valley Authority - (Sec. 601) Amends the Tennessee Valley Authority Act of 1933 to: (1) revise the composition, operation, and duties of the Board of Directors of the Tennessee Valley Authority; and (2) provide that the chief executive officer, rather than the Board, shall appoint Board staff.
(Sec. 604) Directs the President to submit to the Senate nominations of six additional persons to serve as members of the Board.
Division D: Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 - Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 - Title I: Export and Investment Assistance - Makes FY 2005 appropriations for: (1) the Export-Import Bank, including direct and guaranteed loan and insurance programs, and administrative expenses; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans; and (3) the Trade and Development Agency.
Title II: Bilateral Economic Assistance - Makes FY 2005 appropriations for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the U.S. Agency for International Development (USAID) for child survival and disease programs, including HIV/AIDS and other infectious diseases, and family planning/reproductive health programs; (3) specified development assistance, including programs to address gender-based violence in sub-Saharan Africa; (4) international disaster and famine assistance; (5) democracy transition and long-term development of countries in crisis; (6) direct loans and guaranteed loans for micro and small enterprise development and urban programs; (7) the Foreign Service Retirement and Disability Fund; (8) operating expenses of USAID, and the USAID Office of Inspector General; (9) the Capital Investment Fund; (10) Economic Support Fund (ESF) assistance, including amounts for Israel, Egypt, Jordan, Pakistan, Cyprus, Lebanon, Indonesia, Timor-Leste, the National Democratic Alliance of Sudan, and the Middle East Partnership Initiative; (11) the International Fund for Ireland; (12) assistance for Eastern Europe and the Baltic States; (13) assistance for the new Independent States of the former Soviet Union, including restrictions on assistance to Russia until compliance with specified actions in Chechnya and Iran; (14) the Inter-American Foundation, the African Development Foundation, the Peace Corps, with a prohibition on fund use for abortions, and the Millennium Challenge Account; (15) the global HIV/AIDS initiative; (16) international narcotics control and law enforcement; (17) counterdrug activities in the Andean region of South America including restrictions on Bolivian assistance, the Peruvian air interdiction program, and assistance to Colombia to support a unified campaign against 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); (18) migration and refugee assistance; (19) the Emergency Refugee and Migration Assistance Fund; (20) nonproliferation, anti-terrorism, demining, and related programs and activities, including U.S. contributions to the International Atomic Energy Agency (IAEA) and the Comprehensive Nuclear Test Ban Treaty Preparatory Commission; (21) a conflict response fund; (22) the Department of the Treasury for international affairs technical assistance activities; and (23) debt restructuring of concessional loans, guarantees, and credits made to, and the canceling of amounts owed to, the United States by eligible foreign countries (but barring such assistance to Sudan or Burma unless the Secretary of the Treasury notifies the Committees on Appropriations that a democratically elected government has taken office).
Title III: Military Assistance - Makes FY 2005 appropriations for: (1) expanded international military education and training (IMET), including provisions respecting Haiti, the Democratic Republic of the Congo, Nigeria, and Guatemala; (2) foreign military financing grants, including provisions respecting Egypt, Israel, Jordan, Sudan, Guatemala, Haiti, and Uganda; and (3) international peacekeeping operations.
Title IV: Multilateral Economic Assistance - Makes FY 2005 appropriations for the U.S. contribution to: (1) the Global Environment Facility of the International Bank for Reconstruction and Development (World Bank); (2) the International Development Association (IDA); (3) the Enterprise for the Americas Multilateral Investment Fund; (4) the Asian Development Fund; (5) the African Development Bank; (6) the African Development Fund; (7) the European Bank for Reconstruction and Development; and (8) the International Fund for Agricultural Development.
Makes FY 2005 appropriations for international programs and organizations. Prohibits such fund use for the International Atomic Energy Agency (IAEA).
Title V: General Provisions - (Sec. 501) Prohibits payments to any international financial institution while the U.S. executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule.
(Sec. 502) Prohibits the use of funds under this Act to pay any voluntary U.S. contribution to the United Nations (UN) if the UN implements or imposes any tax on U.S. persons.
(Sec. 503) Sets forth limits on the use of appropriations, including specified maximums for official residence expenses, entertainment expenses, and representation allowances for USAID. Sets forth entertainment and/or representation limits for: (1) the Inter-American Foundation; (2) the Trade and Development Agency; (3) the Peace Corps; (4) IMET; (5) the Foreign Military Financing Program; and (6) the Millennium Challenge Corporation.
(Sec. 506) Prohibits the use of funds for: (1) assistance under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government; (2) direct assistance or reparations to Cuba, Libya, North Korea, Iran, or Syria; (3) assistance to any country whose elected head of government is deposed by military coup or decree; (4) certain transfers between U.S. agencies except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act, or between appropriations accounts without prior presidential consultation with Congress; (5) assistance to any country in default in excess of a year on payments on a U.S. loan (unless the President determines such assistance is in the national interest); and (6) assistance (except in certain circumstances) for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 510) Authorizes the commercial leasing of defense articles (instead of the government-to-government sale) to Israel, Egypt, North Atlantic Treaty Organization (NATO) members, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons.
(Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 516) Declares that funds appropriated for foreign operations, export financing, and related programs, that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2006.
(Sec. 517) Prohibits the availability of assistance for the Independent States of the former Soviet Union to a government of such an Independent State: (1) if it directs action in violation of the territorial integrity or national sovereignty of any other Independent State; or (2) to enhance its military capability (except for demilitarization, demining, or nonproliferation programs).
Subjects such assistance for the Russian Federation, Armenia, Georgia, and Ukraine to the regular notification procedures of the Committees on Appropriations.
(Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 519) Limits the amount of export financing funds (other than for administrative expenses) that can be transferred from one appropriation to another to not more than five percent, with no appropriation being increased by more than 25 percent by such transfer.
(Sec. 520) Prohibits the use of funds for Liberia, Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except through the regular notification procedures of the Committees on Appropriations.
(Sec. 522) Makes funds available to reimburse governmental and private entities for the cost of individuals detailed to USAID for child survival and disease prevention programs in developing countries.
(Sec. 523) Obligates certain funds for Afghanistan for humanitarian, reconstruction, and related assistance.
(Sec. 524) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries.
(Sec. 525) Withholds 25 percent of funds under this Act for the Global Fund to Fight AIDS, Tuberculosis and Malaria until the Secretary of State (Secretary) certifies to the Committees on Appropriations that the Fund: (1) is establishing an independent office to monitor grants and the grant process; (2) is strengthening domestic participation, especially for people living with HIV/AIDS, in country coordinating mechanisms; (3) is establishing procedures to assess the need for technical assistance for Fund activities; (4) has established progress indicators upon which to determine the release of incremental disbursements; and (5) is providing support and oversight to country-level entities. Authorizes the Secretary to waive such requirements if in the U.S. national interest.
Authorizes the Coordinator of the United States Government Activities to Combat HIV/AIDS Globally to establish an HIV/AIDS Working Capital Fund.
(Sec. 526) Obligates certain funds for activities to support democracy and human rights: (1) in the People's Republic of China (PRC) and Hong Kong; (2) in countries with a significant Muslim population where such activities would be important to U.S. efforts to deter international terrorism, with specified amounts for the training of journalists, and authorized fund use for Iran and Syria; (3) in sub-Saharan Africa; (4) through the National Endowment for Democracy; and (5) through the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, Department of State.
(Sec. 527) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes the President to waive such prohibition for national security and humanitarian reasons.
(Sec. 528) Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 529) Directs the Administrator of USAID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 530) Requires the President to submit to specified congressional committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 531) Directs the Secretary of the Treasury to instruct U.S. executive directors to appropriate international financial institutions to vote against any financial or other fund use for Burma.
Makes ESF assistance available to support democracy activities in Burma and along the Burma-Thailand border and for activities of Burmese student groups and other organizations located outside Burma, including support for humanitarian assistance to displaced Burmese along Burma's borders. Makes additional funds available for humanitarian assistance to displaced Burmese and host communities in Thailand.
(Sec. 532) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited.
(Sec. 533) Prohibits the use of funds under this Act to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees; or (2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 534) Allows funds appropriated under this Act for Afghanistan to be made available notwithstanding restrictions: (1) on assistance to countries in default in payment to the United States; and (2) contained in the Foreign Assistance Act of 1961 on law enforcement assistance.
Allows funds appropriated under the trade and economic assistance titles of this Act to be made available to: (1) Iraq, Lebanon, Montenegro, and Pakistan; (2) war victims; (3) displaced children; (3) displaced Burmese; and (4) victims of trafficking in persons and to combat such trafficking.
Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation programs and energy programs aimed at reducing greenhouse gas emissions.
Authorizes USAID to: (1) employ up to 25 personal services contractors in the United States to provide support for specified new or expanded overseas programs until permanent direct hire personnel are hired and trained; and (2) make an exception to the fair opportunity process under an indefinite-quantity contract for a small or disadvantaged business.
Authorizes the President to waive certain restrictions regarding the Palestine Liberation Organization (PLO) or its constituent groups under the Anti-Terrorism Act of 1987 if in the national interest. Limits the waiver period to not more than 12 months after enactment of this Act.
Expands authorities under the Foreign Assistance Act of 1961 for: (1) contingency spending; and (2) civilian police assistance for a regional, district, municipal, or other sub-national entity emerging from instability.
Obligates specified funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of USAID as a general contribution to the World Food Program.
States that funds under this Act for the National Endowment for Democracy may be provided notwithstanding any other provision of law or regulation.
Makes funds under this Act available to American educational institutions for programs and activities in the PRC relating to the environment, democracy, and the rule of law.
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 to replace references to the Attorney General with references to the Secretary of Homeland Security with respect to Indochinese parolee adjudications.
Amends P.L. 107-57 to extend specified presidential waiver authorities with respect to Pakistan through FY 2005.
Obligates funds for: (1) Cambodian nongovernmental organizations to document genocide and crimes against humanity in Cambodia; and (2) a U.S. nongovernmental organization for physical rehabilitation programs in Cambodia.
Amends the the Emergency Wartime Supplemental Appropriations Act, 2003 to extend certain loan guarantee authority for Israel through FY 2007.
(Sec. 535) Expresses the sense of Congress that: (1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to regional peace and to U.S. investment and trade in the Middle East and North Africa and should be terminated; and (2) the President should report annually to Congress on specific steps taken by the United States to encourage Arab League states to normalize their relations with Israel to end the boycott.
(Sec. 536) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954.
(Sec. 537) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met. Sets forth certain other requirements with respect to ceilings and earmarks of appropriations under this Act.
(Sec. 539) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Obligates amounts for private and voluntary organizations to deal with world hunger problems abroad.
(Sec. 540) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 541) Prohibits the provision of funds to a nongovernmental organization that fails to provide any document, file, or record necessary for USAID auditing requirements.
(Sec. 542) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary has determined has a terrorist government, unless the President determines that such assistance is in the U.S. national interest.
(Sec. 543) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia and New York City, New York, that were incurred from April 1, 1997 through September 30, 2004.
(Sec. 544) Prohibits the obligation of any appropriations for the PLO for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO.
(Sec. 545) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
States 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.
(Sec. 546) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.
(Sec. 547) Prohibits, with an exception for acquisition of additional space for the Consulate General in Jerusalem, the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles.
(Sec. 548) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities.
(Sec. 549) Obligates funds for Haiti for: (1) child health; (2) poverty reduction, education, agriculture and environment; (3) judicial reform; and (4) police training.
Makes the Government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.(Sec. 550) Prohibits the obligation of any appropriations for the PLO unless the President certifies to Congress that it is in the U.S. national security interest. Limits the duration of any such waiver to not more than 12 months after enactment of this Act, and requires a report to the Committees on Appropriations when it is exercised.
(Sec. 551) Prohibits the use of funds for the security forces of a foreign country if the Secretary believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice.
(Sec. 552) Requires a specified annual foreign military training report to be submitted by the Secretary of Defense and the Secretary to the Committees on Appropriations by a certain date.
(Sec. 554) Directs the Secretary of the Treasury to instruct U.S. executive directors of international financial institutions to oppose loans to the Central Government of Cambodia (except assistance to support basic human needs).
Prohibits the use of funds under this Act to assist: (1) the Central Government of Cambodia, with specified exceptions, including programs to combat the trafficking of humans or drugs; and (2) any tribunal established by the Government of Cambodia.
Makes ESF assistance available for activities to support democracy (including assistance for democratic political parties) in Cambodia. Authorizes the availability of IMET funds for Cambodia only if at least 15 days before their obligation the Secretary provides to the Committees on Appropriations a list of those individuals who have been credibly alleged to have ordered or carried out extrajudicial and political killings during the March 1997 grenade attack against the Khmer Nation Party.
(Sec. 555) Prohibits the use of funds appropriated by this Act to support a Palestinian state unless the Secretary certifies to the appropriate congressional committees that: (1) a new leadership of a Palestinian governing entity has been democratically elected; (2) such entity has demonstrated a commitment to peaceful coexistence with Israel and is taking measures to counter terrorism; and (3) the Palestinian Authority is working to establish a lasting peace in the Middle East. Authorizes the President to waive such prohibition in the U.S. national security interest. States that such funding restriction shall not apply to assistance to help reform the Palestinian Authority and affiliated institutions, or a newly elected governing entity.
Expresses 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, and should enact other laws and regulations assuring transparent and accountable governance.
(Sec. 556) Makes up to 12.5 percent of the funds appropriated by this Act for assistance for the Colombian armed forces available only if the Secretary has certified to the appropriate congressional committees that such armed forces are cooperating in bringing to justice those members who have committed gross violations of human rights, including extrajudicial killings.
(Sec. 557) Prohibits the Secretary from issuing a visa to any alien who the Secretary determines has willfully provided (or conspired to provide) support to FARC, ELN, or AUC. Provides for waiver of such prohibition on a case-by-case basis for humanitarian reasons or to support the peace process.
(Sec. 558) Prohibits the use of funds appropriated under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 559) Requires the Secretary, 30 days prior to ESF fund obligation for the bilateral West Bank and Gaza Program, to certify to the appropriate congressional committees that procedures have been established to ensure the Comptroller General's access to appropriate U.S. financial information in order to review the uses of Program funds. Requires the Secretary to take all appropriate steps to ensure such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.
Prohibits funds to be used to honor individuals who commit, or have committed, acts of terrorism.
Requires and obligates funds for Program audits.
(Sec. 560) Obligates specified international organization and program funds for the UN Population Fund (UNFPA) (except for any country program in the PRC). Conditions such funds' availability on specified requirements, including that it does not fund abortions. Obligates specified UNFPA funds for family planning, and maternal and reproductive health activities in the Democratic Republic of the Congo, Ethiopia, Kenya, Nigeria, Rwanda, Tanzania, Uganda, Haiti, Georgia, Azerbaijan, Russia, Albania, Romania, Ukraine, and Kazakhstan.
(Sec. 561) Prohibits the use of funds under this Act for assistance (except humanitarian assistance and assistance for democratization), and requires the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to vote against the extension of assistance to any country (Bosnia and Herzegovina, Croatia and Serbia) or entity (Federation of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika Srpska) that has failed to take steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia all persons in their territory who have been indicted by the Tribunal.
(Sec. 562) Directs the Secretary of the Treasury to instruct U.S. executive directors at specified international financial institutions to oppose any loan, grant, strategy, or policy that would require user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institution's lending programs.
(Sec. 563) Makes funds appropriated by this Act available for assistance for Serbia after May 31, 2005, if the President certifies to the Committees on Appropriations that the Government of the Federal Republic of Yugoslavia is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including regarding the surrender and transfer of indictees or assistance in their apprehension; (2) taking steps 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. States that such requirements shall not apply to Montenegro, Kosovo, humanitarian assistance, or assistance to promote democracy in municipalities.
(Sec. 564) Authorizes the use of foreign assistance funds to enhance the effectiveness and accountability of civilian police authority through human rights training, and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention and police-community relations.
(Sec. 565) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; and (3) certain export guarantees for U.S. agricultural commodities. Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries (IDA-only countries) with heavy debt that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development). Prescribes additional conditions for the exercise of such authority.
(Sec. 566) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments upon payment from an eligible purchaser that plans to use such loans only for debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring.
(Sec. 567) Obligates funds under this Act for basic education.
(Sec. 568) Obligates ESF funds for religious, ethnic, and political reconciliation programs.
(Sec. 569) Obligates funds under this Act for Sudan.
Prohibits funds for assistance or loan modifications to be made to the Government of Sudan unless the Secretary certifies to the Committees on Appropriations that the Government of Sudan: (1) has taken significant steps to disband government-supported militia groups in Darfur, and the army and such groups are honoring the cease-fire; and (2) is allowing unimpeded humanitarian access to Darfur. States that such prohibition shall not apply to: (1) humanitarian assistance; and (2) assistance for Darfur and for areas outside the control of the Government of Sudan.
States that for purposes of this Act and the International Malaria Control Act of 2000 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 prior to June 5, 2004, and, with regard to assistance in support of a viable peace agreement, Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei.
Appropriates additional funds for humanitarian assistance in Sudan.
Amends the International Organizations Immunities Act to replace a reference to "Organization of African Unity" with "African Union."
(Sec. 570) Obligates funds under this Act for trade capacity building.
(Sec. 571) Authorizes the transfer of excess defense articles to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
(Sec. 572) States that Foreign Military Financing Program funds under this Act 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 certifies to the appropriate congressional committees that: (1) the armed forces are taking steps to counter international terrorism, consistent with democratic principles and in cooperation with countries in the region; (2) the Government of Indonesia is prosecuting those members who have been credibly alleged to have committed gross human rights violations or to have aided militia groups; and (3) the armed forces are cooperating with civilian prosecutors and judicial authorities to resolve human rights violations.
States that IMET assistance may be made available for Indonesia if the Secretary determines and reports that the Indonesian Government and armed forces are cooperating with the FBI's investigation of the August 31, 2002, murders of two American citizens and one Indonesian citizen in Timika, Indonesia.
(Sec. 574) Prohibits ESF funds for a country that is a party to the International Criminal Court and has not entered into an agreement with the United States preventing the Court from proceeding against U.S. personnel present in such country. States that: (1) the President may waive such prohibition with respect to a 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 in the U.S. national security interest; and (2) such prohibition shall not apply to countries otherwise eligible for assistance under the Millennium Challenge Act of 2003.
(Sec. 575) Prohibits funds under this Act for Saudi Arabia unless the President certifies to the Committees on Appropriations 15 days prior to fund obligation that Saudi Arabia is cooperating with efforts to combat international terrorism and that the proposed assistance will help facilitate that effort.
(Sec. 576) Obligates specified funds for biodiversity (and forest) programs in developing countries, and for improving the capacity of indigenous groups and local environmental organizations and law enforcement agencies to protect the biodiversity of indigenous reserves in the Amazon Basin region of South America.
Directs the Secretary of the Treasury to inform international financial institutions and the public that it is U.S. policy that any assistance by such institutions 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 or is taking steps to establish functioning systems for: (1) revenue and expenditure accounting; (2) independent auditing; and (3) verifying government receipts against company payments.
(Sec. 577) Makes funds available for assistance for the central Government of Uzbekistan only if the Secretary reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial progress in meeting its commitments under the Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America, including respect for human rights, establishing a genuine multiparty system, and ensuring free elections, freedom of expression, and independence of the media.
(Sec. 578) Makes funds available for assistance for the Government of Kazakhstan only if the Secretary reports to the Committees on Appropriations that the Government of Kazakhstan has made significant improvements in the protection of human rights during the preceding six-month period. Authorizes the Secretary to waive such requirements in the U.S. national security interest.
Directs the Secretary to report to the Committees on Appropriations on the defense articles, defense services, and financial assistance provided by the United States to the countries of Central Asia (Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan) during the previous six-month period, and their use during such period by units of the armed forces, border guards, or other security forces of such countries.
(Sec. 579) Obligates ESF funds for USAID and Department of State programs for people with disabilities in developing countries. Directs the Secretary and the Administrator of USAID to designate within their respective agencies an individual to serve as Disability Advisor or Coordinator.
(Sec. 580) Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to: (1) vote against any loan extension to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe; and (2) 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.
Obligates funds for nongovernmental 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, including National Endowment for Democracy programs.
(Sec. 582) Directs the President to report to the Committees 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 units involved with such incident are receiving U.S. assistance.
(Sec. 583) Prohibits funds appropriated under this Act for the Government of the Russian Federation unless the President certifies to the Committees on Appropriations that the Government of the Russian Federation has not implemented any statute or similar government action that would discriminate against religious groups or religious communities in the Russian Federation.
(Sec. 584) Obligates funds under this Act for Nicaragua, Honduras, El Salvador, and Guatemala.
Makes specified military assistance available to Guatemala for non-lethal defense items if the Secretary certifies to the appropriate committees that: (1) the role of the Guatemalan military has been limited to activities in defense of Guatemala's sovereignty and territorial integrity that are permitted by the 1996 Peace Accords; (2) the Guatemalan military is cooperating with civilian judicial authorities in investigations of military personnel who have been implicated in human rights violations and other criminal activity; (3) the Government of Guatemala is working with the UN to resolve impediments to the establishment of the Commission for the Investigation of Illegal Groups and Clandestine Security Organizations; (4) the Government of Guatemala is continuing its efforts to make its military budget process transparent; and (5) the Government of Guatemala is increasing efforts to combat narcotics trafficking and organized crime.
Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 with respect to certain claims for expropriation by the Government of Nicaragua during the period January 1, 1956 through January 9, 2002.
(Sec. 585) States that Congress: (1) recognizes the important contribution of the Government of Nigeria in fostering stability in West Africa; and (2) 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 responsible for war crimes and crimes against humanity.
States that funds appropriated by this Act, including funds for debt restructuring, may be made available to the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living if the Secretary determines and reports to the Committees on Appropriations that such government is cooperating with ICTR and SCSL. Authorizes the President to waive such requirements in the U.S. national security interest.
(Sec. 586) Directs the Secretary to: (1) use private voluntary organizations with the relevant expertise in the overseas processing and U.S. resettlement of refugees; and (2) maintain a system for accepting referrals from local private, voluntary organizations, and which shall include categories of special consideration for admission.
(Sec. 587) Prohibits refugee funds under this Act for 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. States that in administering such funds the Secretary and the Administrator of USAID shall incorporate policies and programs to identify the specific needs of women and children at the various stages of humanitarian emergencies.
(Sec. 588) Obligates funds under this Act for USAID to employ individuals in the United States and overseas on a limited appointment basis through September 30, 2007.
Authorizes the use of funds under this Act for the cost of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs to address natural disasters.
(Sec. 589) Prohibits the use of funds under this Act by OPIC 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 implement the recommendations, obligations and requirements developed by the Kimberley Process on conflict diamonds.
Prohibits the use of funds under this Act by the U.S. Export-Import Bank to guarantee, insure, or extend 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 likewise fails to implement such recommendations, obligations and requirements.
(Sec. 590) Makes foreign military financing funds available for: (1) the Indonesian navy (only for maritime security use) if the Secretary reports to the Committees on Appropriations that the Indonesian navy is not violating human rights and is cooperating with civilian judicial authorities on cases involving human rights violations; and (2) Cambodia subject to the regular notification procedures of the Committees on Appropriations.
States that Congress condemns the Maoist insurgency in Nepal which has engaged in widespread atrocities against civilians and Nepalese security forces, and calls on other nations to denounce these acts.
Makes foreign military financing funds available for Nepal if the Secretary reports to the Committees on Appropriations that the Government of Nepal is: (1) making substantial progress in complying with habeas corpus orders issued by the Supreme Court of Nepal; (2) cooperating with the National Human Rights Commission of Nepal to resolve all security related cases involving individuals in government custody; and (3) taking effective steps to end torture by security forces and to prosecute members who are responsible for gross violations of human rights. Authorizes the Secretary to waive such requirements in the U.S. national security interest.
(Sec. 591) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 to authorize appropriations through FY 2006 for additional U.S. contributions to the Heavily Indebted Poor Countries (HIPC) Trust Fund.
(Sec. 592) Prohibits fund use under this Act for the Governments of Ethiopia or Eritrea unless the Secretary certifies to the Committees on Appropriations that such Government is taking steps to comply with the terms of the Algiers Agreements. Exempts democracy, rule of law, child survival and health, basic education, and agriculture programs from such prohibition.
(Sec. 593) Amends the International Financial Institutions Act with respect to the required environmental impact assessment of a proposed multilateral bank proposal to: (1) require that such assessment or summary be available on the bank's website; and (2) redefine "multilateral development bank."
(Sec. 594) Considers certain Vietnamese nationals to be refugees of special humanitarian concern to the United States for purposes of FY 2004 and 2005 eligibility for in-country refugee processing in Vietnam.
(Sec. 595) States that funds provided in this Act for the following accounts shall be made available for programs and countries in the amounts contained in the joint explanatory statement accompanying this Act: (1) Economic Support Fund; (2) Assistance for Eastern Europe and the Baltic States; (3) Assistance for the Independent States of the Former Soviet Union; (4) Andean Counterdrug Initiative; (5) Nonproliferation, Anti-Terrorism, Demining and Related Programs; (6) Foreign Military Financing Program; and (7) International Organizations and Programs.
Division E - Department of the Interior and Related Agencies Appropriations Act, 2005 - Makes appropriations for the Department of the Interior and related agencies for FY 2005.
Title I: Department of the Interior - Makes appropriations for FY 2005 to the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) land acquisition; (6) Oregon and California grant lands; (7) range improvements; (8) service charges, deposits, and forfeitures with respect to public lands; and (9) miscellaneous trust funds.
Appropriates funds for FY 2005 to the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) land acquisition; (4) the Landowner Incentive Program that provides assistance to private landowners for private conservation efforts; (5) the Private Stewardship Grants Program; (6) expenses related to carrying out the Endangered Species Act of 1973; (7) the National Wildlife Refuge Fund; (8) expenses related to carrying out the North American Wetlands Conservation Act; (9) financial assistance for projects to promote the conservation of neotropical migratory birds; (10) expenses related to carrying out, through the Multinational Species Conservation Fund, the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, the Rhinoceros and Tiger Conservation Act of 1994, the Great Ape Conservation Act of 2000, and the Marine Turtle Conservation Act of 2004; and (11) wildlife conservation grants to States, the District of Columbia, U.S. territories, and Indian tribes.
Makes appropriations for FY 2005 to the National Park Service (NPS) for: (1) the National Park System; (2) the U.S. Park Police; (3) expenses for national recreation and preservation programs; (4) expenses related to carrying out the Historic Preservation Act of 1966 and the Omnibus Parks and Public Lands Management Act of 1996; (5) construction; and (6) land acquisition and State assistance from the Land and Water Conservation Fund.
Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 2005.
Makes appropriations for FY 2005 to: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, Indian land and water claim settlements and miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and to carry out the Compacts of Free Association with respect to the Marshall Islands Palau, and Micronesia; (6) the Department of the Interior for departmental management (including transfer of funds); (7) make payments in lieu of taxes to units of local government containing certain Federally owned lands; (8) the Offices of the Solicitor and of the Inspector General; (9) trust programs for Indians; (10) a program for consolidation of fractional interests in Indian lands by direct expenditure or cooperative agreement; and (11) the Department of the Interior for natural resource damage assessment and restoration.
Sets forth authorized and prohibited uses of specified funds.
(Sec. 127) Allows the transfer from "Departmental Management, Salaries and Expenses," to "United States Fish and Wildlife Service, Resource Management" of funds necessary for operational needs at the Midway Atoll National Wildlife Refuge airport.
(Sec. 128) Provides that nothing in the Department of the Interior and Related Agencies Appropriations Act, 2002 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).
Prohibits the conduct of gaming under the Indian Gaming Regulatory Act on certain lands described in the Department of the Interior and Related Agencies Appropriations Act, 2001, or land that is contiguous to such land, regardless of whether such land has been taken into trust by the Secretary of the Interior.
(Sec. 129) Prohibits the use of any funds appropriated for the Department of the Interior to study or implement any plan to drain Lake Powell or reduce the water level of the lake below the range of water levels required for the operation of the Glen Canyon Dam.
(Sec. 130) Limits the total amount of all fees imposed by the National Indian Gaming Commission for FY 2006 to $12 million.
(Sec. 131) Makes funds appropriated for FY 2005 under this Act available to the tribes within the California Tribal Trust Reform Consortium, the Salt River Pima Maricopa Indian Community, the Confederated Salish-Kootenai Tribes of the Flathead Reservation, and the Chippewa Cree Tribe of the Rocky Boys Reservation on the same basis as funds were distributed in FY 2003.
Requires this Demonstration Project (sic), under specified conditions, to operate separately and apart from the Department of the Interior's trust reform and reorganization. Prohibits the Department from imposing its trust management infrastructure upon or altering existing trust management systems of such tribes which have a self-governance compact and operate in accordance with the Tribal Self-Governance Program.
(Sec. 134) Amends Federal law to except cases in which proceeds of a lease are provided to the University of Nevada at Las Vegas Research Foundation to carry out the purposes for which the Foundation was established from specified restrictions on the leasing of land conveyed to the Foundation by the Clark County Department of Aviation.
(Sec. 135) Amends the Surface Mining Control and Reclamation Act of 1977 to extend, to June 30, 2005, the authority to collect the reclamation fee required from coal mine operators.
(Sec. 136) Authorizes the Secretary of the Interior to acquire land, waters, or interests therein for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands.
(Sec. 137) Designates the ACE Basin National Wildlife Refuge in South Carolina as the Ernest F. Hollings ACE Basin National Wildlife Refuge.
(Sec. 138) Prohibits the limitations on Federal expenditures or financial assistance under the Coastal Barrier Resources Act and the limitations on flood insurance coverage under the National Flood Insurance Act of 1968 with respect to the John H. Chafee Coastal Barrier Resources System from being applied to lots 15, 16, 25, and 29 within the Jeremy Cay Subdivision on Edisto Island, South Carolina.
(Sec. 139) Releases, 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. Provides that the United States retains any subsurface mineral rights associated with that property.
Amends the National Parks and Recreation Act of 1978 to: (1 ) eliminate the requirement that the rights of use and occupancy by the owner or owners of any property acquired by the Secretary of the Interior within the boundaries of Mineral King Valley in Sequoia National Park shall be for not more than 25 years or for a term ending on the death of the owner or his or her spouse, whichever is later (thus permitting the continued use and occupancy of certain privately owned cabins in the Valley); and (2) grant renewals or extensions of leases or permits on Federal land within Mineral King Valley to the heirs, successors, and assigns of those persons who were lessees or permittees of record on the enactment of such Act.
Amends Federal law to increase from one to three the number of ten-year permit renewals the Secretary of the Interior may issue for the Kaweah Project of Southern California Edison Company to continue its use of lands within Sequoia National Park. Adds to the prohibition on expansion of the Project in the Park the following requirements such a permit must contain: (1) an independent safety assessment of the Project, and correction of any deficiencies identified; (2) an update for Congress by the Secretary of the July 1983 report on the impact on the Park of the operations of the Kaweah No. 3 facility; (3) a requirement that the permittee pay the park compensation; and (4) any other reasonable terms and conditions that the Secretary deems necessary and proper for the management and care of Sequoia National Park and the purposes for which it was established. Requires the proceeds from any fees imposed pursuant to a permit issued under such law to be retained by Sequoia National Park and Kings Canyon National Park and to be available for resources protection, maintenance, and other park operational needs.
(Sec. 140) Gaylord A. Nelson Apostle Islands National Lakeshore Wilderness Act - Designates certain lands within the Apostle Islands National Lakeshore as wilderness and as components of the National Wilderness Preservation System and names such wilderness area the Gaylord A. Nelson National Wilderness.
(Sec. 141) Directs the Secretary of the Interior, upon request by the permittee for the Clark Mountain Allotment lands adjacent to the Mojave National Preserve, to also issue a special use permit for that portion of the grazing allotment located within the Preserve. Instructs the Secretary to consider the permit to be one transferred in accordance with a specified section of the Department of the Interior and Related Agencies Appropriations Act, 2004 concerning grazing permits.
(Sec. 142) Amends Federal law to: (1) eliminate the prohibition on the sale or transfer of wild free-roaming horses or burros (or their remains) under the protection and management of the Secretary or the Secretary of Agriculture for consideration for processing into commercial products; and (2) set forth requirements for the sale of such excess horses and burros and their remains.
(Sec. 143) Migratory Bird Treaty Reform Act of 2004 - Amends the Migratory Bird Treaty Act (MBTA) to clarify that the MBTA's prohibition on taking, killing, or possessing migratory birds applies only to native migratory bird species that are native to the United States or its territories.
Excludes from coverage under the MBTA bird species occurring in the United States or it territories as the result of human-assisted introduction unless the species: (1) was native to the United States or its territories and extant in 1918; (2) became extinct throughout its range thereafter; and (3) was reintroduced as part of a Federal program.
Requires the Secretary to publish a list of all nonnative, human introduced bird species to which the MBTA does not apply. Permits the Secretary to update and publish such list as necessary.
(Sec. 144) Foundation for Nevada's Veterans Land Transfer Act of 2004 - Transfers administrative jurisdiction over specified Bureau of Land Management land in Clark County, Nevada, from the Secretary of the Interior to the Secretary of Veterans Affairs to be used for the construction and operation of medical and related facilities.
(Sec. 145) Cumberland Island Wilderness Boundary Adjustment Act of 2004 - Designates certain land in the Cumberland Island National Seashore as a component of the National Wilderness Preservation System and names it the Cumberland Island Wilderness (the Wilderness). Excludes specified roadways from being included in the Wilderness, which shall be maintained by the Secretary of the Interior for continued vehicle use.
Directs the Secretary, upon the acquisition of specified land and upon a notice in the Federal Register that all prohibited uses of certain land have ceased, to adjust the boundary of the Wilderness to include such land.
Allow persons with an existing right to utility service on Cumberland Island to retain such right in the Wilderness after the enactment of this Act. Requires the Secretary to complete a management plan to ensure that not more than eight and not less than five round trips are made available daily on the Main Road north of the Plum Orchard Spur and the North Cut Road by the NPS or a concessionaire to transport visitors to and from the historic sites located adjacent to the Wilderness.
Allows the Secretary to enter into not more than three concession contracts, as determined appropriate, for the provision of tours to visitors to the Seashore.
(Sec. 146) Declares that the NPS final winter use rules for managing winter visitation and recreational use in Yellowstone and Grand Teton National Parks and the John D. Rockefeller, Jr., Memorial Parkway for up to three winter seasons 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 - Makes FY 2005 appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management (including funds to repay prior year advances from other appropriations for wildfire suppression and emergency rehabilitation activities); (5) capital improvement and maintenance; (6) land acquisitions, including specified National Forest areas in Utah, Nevada, and California; (7) range rehabilitation protection, and improvement; (8) gifts, donations, and bequests for forest and rangeland research; and (9) Federal land management in Alaska.
Defers until October 1, 2005, the availability of certain funds otherwise made available for obligation in prior years for clean coal technology, subject to a specified condition. Makes appropriations for the Department of Energy for: (1) fossil energy research and development that includes acquisition of real property, plants or facilities, technological investigations and research targeting mineral substances, and a Clean Coal Power Initiative; (2) naval petroleum and oil shale reserve activities; (3) installment payments pertaining to the Elk Hills School Lands Fund; (4) implementation of energy conservation activities; (5) implementation of activities of the Energy Information Administration; and (6) the Strategic Petroleum Reserve and the Northeast Home Heating Oil Reserve.
Specifies that, unless specifically provided for in an appropriations Act, funds made available to the Department of Energy under this Act may not be used to: (1) finance or implement authorized price support or loan guarantee programs; or (2) issue or process procurement documents for various enterprises.
Makes appropriations for FY 2005 to the Department of Health and Human Services for the Indian Health Service (IHS) and Indian health facilities.
Makes appropriations for FY 2005 to: (1) the Office of Navajo and Hopi Indian Relocation; and (2) the Institute of American Indian and Alaska Native Culture and Arts Development.
Makes appropriations in specified amounts for various purposes to: (1) the Smithsonian Institution (earmarking certain funds for the National Museum of the African American History and Culture, the Council of American Overseas Research Centers, and other specified programs); (2) the National Gallery of Art; (3) the John F. Kennedy Center for the Performing Arts; (4) the Woodrow Wilson International Center for Scholars; (5) the National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities; (6) the Commission of Fine Arts, including expenses for National Capital Arts and Cultural Affairs; (7) the Advisory Council on Historic Preservation; (8) the National Capital Planning Commission; (9) the United States Holocaust Memorial Museum, for the Holocaust Memorial Museum; and (10) the Presidio Trust Fund.
Title III: General Provisions - Sets forth limitations on the use of funds under this Act.
(Sec. 305) Prohibits any assessments, from being levied against any program, budget activity, subactivity, or project funded by this Act without advance notice to, and approval by, the House and Senate Committees on Appropriations.
(Sec. 324) Permits the Secretaries of Agriculture and of the Interior (Secretaries) to make reciprocal agreements in which the individuals furnished by an agreement to provide fire management services are considered, for tort liability, employees of the foreign country receiving the services when the individuals are fighting fires. Prohibits the Secretaries from making any agreement in which a foreign country does not assume any and all responsibility for acts or omissions of American firefighters who are firefighting in such foreign country.
(Sec. 328) Allows the Secretaries, in awarding a Federal contract for any of specified purposes with funds made available by this Act, to give consideration to local contractors who are from economically disadvantaged rural communities and who provide employment and training for dislocated and displaced workers. Allows the Secretaries to award grants or cooperative agreements in certain areas to various entities, including local non-profits and the Youth Conservation Corps. Includes in such areas habitat restoration or management and forest hazardous fuels reduction.
(Sec. 329) Prohibits: (1) any funds appropriated in this Act for the acquisition of lands or interests in lands from being expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations; and (2) such prohibition from being applied to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989 or to funds appropriated for Federal assistance to Florida to acquire lands for Everglades restoration purposes.
(Sec. 330) Provides for procedures regarding the process of any application for judicial review of a Record of Decision for any timber sale in Region 10 of the Forest Service that had a notice of intent prepared on or before January 1, 2004.
(Sec. 331) Amends the Department of the Interior and Related Agencies Appropriations Act, 1996 to prohibit the Secretary of Agriculture from charging or collecting fees for: (1) admission to a National Forest System unit; or (2) use of either singly or in combination of, undesignated parking along roads, overlook sites or scenic pullouts, information offices and centers that only provide general area information and limited services or interpretive exhibits, and dispersed areas for which expenditures in facilities or services are limited.
(Sec. 332) Limits the amounts of funds made available by this Act or any other Act to the Departments of Energy or the Interior to initiate or continue competitive sourcing studies in FY 2005 for programs, projects, and activities for which funds are appropriated by this Act until the appropriate Secretary submits a reprogramming proposal to the Committees on Appropriations and it has been processed consistent with certain reprogramming guidelines.
Limits funds appropriated by this Act to $2 million in FY 2005 for use by the Forest Service for competitive sourcing studies and related activities.
Amends Federal law to repeal requirements regarding separate justification of competitive sourcing activities in budgets of the U.S. Government submitted by the President to Congress.
Directs agencies funded in this Act, in preparing any reports to the House and Senate Committees on Appropriations on competitive sourcing activities, to include the incremental cost directly attributable to conducting the competitive sourcing competitions, including costs attributable to paying outside consultants and contractors and, in accordance with full cost accounting principles, all costs attributable to developing, implementing, supporting, managing, monitoring, and reporting on competitive sourcing, including personnel, consultant, travel, and training costs associated with program management.
(Sec. 333) Requires: (1) 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 to be presented in annual budget justifications; and (2) changes to such estimates to be presented to the Committees on Appropriations for approval.
(Sec. 334) Prohibits the use of funds in this Act or prior Acts making appropriations for the Department of the Interior and Related Agencies from being provided to the managing partners or their agents for the SAFECOM or Disaster Management projects.
(Sec. 335) Requires the Secretary of Agriculture, under specified conditions, to convey to the Mill Creek Homeowners Association all right, title, and interest of the United States in and to Mill Creek in San Bernardino National Forest, California. Terminates this authority if, within two years from the enactment of this Act, the Secretary and the Association for any reason do not complete the sale.
(Sec. 336) Amends the Department of the Interior and Related Agencies Appropriations Act, 2001 to extend through FY 2009 the authority of the Secretary of Agriculture to permit the Colorado State Forest Service to perform watershed restoration and protection services on National Forest System lands in Colorado when similar and complementary services are being performed by the State Forest Service on adjacent State or private lands. Makes this same authority available through FY 2009 to the Secretary of the Interior with respect to public lands in Colorado administered by the Secretary through the BLM.
(Sec. 337) Authorizes the Secretary of Agriculture, until September 30, 2006, to permit the State Forester of Utah to perform forest, rangeland, and watershed restoration services on National Forest System lands in Utah. Mandates that 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. Prohibits the delegation of any decision required to be made under the National Environmental Policy Act of 1969 respecting any treatment activity to restore and improve forest, rangeland, and watershed health to any officer or employee of the State of Utah.
(Sec. 338) Prohibits an entity that enters into a contract with the United States to operate the National Recreation Reservation Service from carrying 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. Prohibits the waiver of such requirements by the Secretary of Agriculture. Bars a reservation agent who is carrying out duties under the contract from telecommuting from a location outside of the United States.
(Sec. 339) States that, for FY 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 environmental assessment or an environmental impact statement 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. Limits the total number of allotments that may be categorically excluded to 900.
(Sec. 340) Amends the Wild and Scenic Rivers Act to provide that the established use and occupancy as of June 6, 2003, of lands and maintenance or replacement of facilities and structures for commercial recreation services at Stub Creek on the Salmon River in Idaho shall continue to be authorized, subject to such reasonable regulation as the Secretary of Agriculture deems appropriate, including rules that would provide for termination for non-compliance, and, if terminated, reoffering the site through a competitive process.
(Sec. 341) Authorizes the Secretaries of Agriculture and the Interior 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 purposes. Requires the Director of BLM to enter into a cooperative agreement with the Coalition for the Great Basin Restoration Project, including hazardous fuels and mechanical treatments and related work. Authorizes appropriations.
(Sec. 342) Authorizes and directs the Secretary of Agriculture to convey in fee simple without compensation, Lots 1 and 2 of U.S. Survey 13150 to the Community of Elfin Cove, Alaska.
(Sec. 343) Bars the IHS, until October 1, 2007, from disbursing funds for the provision of health care services pursuant to the Indian Self-Determination and Education Assistance Act to any Alaska Native village or Alaska Native village corporation that is located within the area served by an Alaska Native regional health entity. Treats Eastern Aleutian Tribes Inc., as such an entity to whom funds may be disbursed.
(Sec. 344) Directs the NPS: (1) using funds previously appropriated, to purchase the seven identified parcels of real property in Seward, Alaska, that have been selected for the administrative complex, visitor facility, plaza, and related parking for the Kenai Fjords National Park and Chugach National Forest, which shall be known as the Mary Lowell Center; (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 (3) transfer title of the appropriate portions thereof to the Federal Government, provided that the City uses any such funds for the related waterfront planning, pavilions, boardwalks, trails, or related purposes that compliment the new federal facility.
(Sec. 345) Extends the authority for: (1) the pilot program for enhancing Forest Service administration of rights-of-way and other land uses; and (2) the deposit of all fees collected to recover the costs of processing applications for, and monitoring compliance with, authorizations to use and occupy National Forest System lands pursuant to certain Acts.
(Sec. 346) Authorizes the Administrator of General Services to convey to the Secretary of Agriculture, acting through the Chief of the Forest Service, all right, title, and interest of the United States in and to the Sandpoint Federal Building and specified land in Sandpoint, Idaho. Allows the Secretary to use, maintain, lease, sublease, sell, or exchange all or part of such property. Requires the proceeds from any lease, sublease, sale, exchange, or any other use or disposition of such property to be available to the Secretary for the construction and maintenance of Forest Service offices and related facilities on National Forest System land in the vicinity of Sandpoint.
(Sec. 347) Chris Zajicek Memorial Land Exchange Act of 2004 - Authorizes the Secretary of Agriculture, acting through the Chief of the Forest Service, to 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.
(Sec. 348) Grey Towers National Historic Site Act of 2004 - Designates all lands and improvements formerly encompassed within Grey Towers National Historic Landmark in Milford, Pennsylvania, as Grey Towers National Historic Site.
Directs that the Site be administered for specified purposes, including: (1) education, public demonstration projects, and research related to natural resource conservation, management, and use; (2) leadership development within the natural resource professions and the Federal civil service; (3) study and interpretation of the life and works of Gifford Pinchot who was the first Chief of the Forest Service and a major influence in formulating and implementing forest conservation policies in the early 20th century; and (4) protection and enjoyment of the scenic and natural environs.
Requires the Secretary of Agriculture to administer federally owned lands and interests at the Site and associated lands and improvements outside of the Grey Towers National Historic Landmark within Pike County, Pennsylvania, as components of the National Forest System.
Allows the Secretary to impose fees and charges for admission to and use of facilities on Grey Towers. Requires any monies received by the Forest Service in administering Grey Towers to be deposited into the Grey Towers National Historic Site Fund for support of programs of Grey Towers and any other expenses.
(Sec. 349) Montana National Forests Boundary Adjustment Act of 2004 - Modifies the boundaries of the Helena, Lolo, and Beaverhead-Deerlodge National Forests in Montana as depicted on specified maps.
States that the boundaries of the Forests as modified under this Act shall, for purposes of certain fund allocation provisions of the Land and Water Conservation Fund Act of 1965 (LWCFA), be considered the boundaries of such Forests as of January 1, 1965 (the effective date of the LWCFA).
(Sec. 350) Provides $5 million for a grant to Kendall County, Illinois.
Title IV: Supplemental Appropriations for Urgent Wildland Fire Suppression Activities - Appropriates funds for the Department of the Interior's BLM and the Department of Agriculture's Forest Service for wildland fire management. Provides that such funds shall only become available if funds provided for wildland fire suppression in Title I (with respect to the BLM) or II (with respect to the Forest Service) of this Act will be exhausted imminently and the appropriate Secretary notifies the House and Senate Committees on Appropriations and the Budget of the need for these additional funds.
Directs the Secretary of Agriculture to establish an independent cost-control review panel to examine and report on fire suppression costs for individual wildfire incidents that exceed $10 million in cost. Provides that, if an independent 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 FY 2005 in the Wildland Fire Management account.
Title V - Rescinds an amount equal to 0.594 percent of: (1) the budget authority provided for FY 2005 for any discretionary account in this Act; and (2) the budget authority provided in any advance appropriation for FY 2005 for any discretionary account in the Department of the Interior and Related Agencies Appropriations Act, 2004. Requires any such rescission to be applied proportionately: (1) to each discretionary account and each item of budget authority; and (2) with each such account and item, to each program, project, and activity.
States that, 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 FY 2005, shall apply only to the first dollar amount in the paragraph under such heading 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.
Division F: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2005 - Makes appropriations for FY 2005 for the Departments of Labor, Health and Human Services, and Education and related agencies.
Title I: Department of Labor - Department of Labor Appropriations Act, 2005 - Makes appropriations for FY 2005 to the Department of Labor for: (1) the Employment and Training Administration, training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (6) employment and training program administration; (7) the Employee Benefits Security Administration; (8) the Pension Benefit Guaranty Corporation; (9) the Employment Standards Administration; (10) certain special benefits, including ones for disabled coal miners; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration; (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics; (16) the Office of Disability Employment Policy; (17) departmental management; (18) veterans employment and training; (19) the Office of Inspector General; and (20) a working capital fund for a new core accounting system.
Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title.
(Sec. 101) Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level II.
(Sec. 102) Allows not more than one percent of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between appropriations. Prohibits any increase of any such appropriation by more than three percent by any such transfer.
(Sec. 103) Prohibits, in accordance with a specified executive order, funds under this Act from being obligated or expended for procuring 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 Department of Labor prior to enactment of this Act.
(Sec. 104) Authorizes appropriations to the Denali Commission, through the Department of Labor, to conduct job training of the local workforce where Denali Commission projects will be constructed.
(Sec. 105) Directs the Secretary of Labor to issue a monthly transit subsidy to the Department's employees in the National Capital Region.
(Sec. 106) Requires the Department of Labor to submit its FY 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 FY 2003.
Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2005 - Makes appropriations for FY 2005 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration, for specified health resources and services activities; (2) health education assistance loans; (3) the Vaccine Injury Compensation Program Trust Fund; (4) the Centers for Disease Control and Prevention (CDCP), for disease control, research, and training; (5) the National Institutes of Health (NIH), including the John E. Fogarty International Center, the National Library of Medicine, and the Office of the Director; (6) the Substance Abuse and Mental Health Services Administration, for substance abuse and mental health services; (7) the Agency for Healthcare Research and Quality; (8) the Centers for Medicare and Medicaid Services for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (9) the Administration for Children and Families for payments to States for child support enforcement and family support programs; (10) low-income home energy assistance; (11) refugee and entrant assistance; (12) payments to States for the child care and development block grant; (13) the social services block grant; (14) children and families services programs; (15) promoting safe and stable families, through family preservation and support; (16) payments to States for foster care and adoption assistance; (17) the Administration on Aging; (18) the Office of the Secretary for general departmental management; (19) the Office of Inspector General; (20) the Office for Civil Rights; (21) policy research; (22) retirement pay and medical benefits for Public Health Service commissioned officers, and medical care of dependents and retired personnel; and (23) the public health and social services emergency fund, for expenses related to countering potential biological, disease, nuclear, radiological, and chemical threats to civilian populations, for the Strategic National Stockpile, and for activities to ensure a year-round influenza vaccine production capacity and the development and implementation of rapidly expandable influenza vaccine production technologies, as well as any purchase of such vaccine the Secretary determines necessary.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 202) Directs the Secretary of HHS to make available through assignment 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 Emergency Fund, or the World Health Organization.
(Sec. 203) Prohibits the use of funds under this Act to implement a certain mandatory breast cancer study under the Public Health Service Act (PHSA) or to construct regional centers for primate research under the National Institutes of Health Revitalization Act of 1993.
(Sec. 204) Prohibits the use of funds under this Act for the NIH, the Agency for Healthcare Research and Quality, and the Substance Abuse and Mental Health Services Administration to pay an individual's salary, through a grant or other extramural mechanism, at a rate in excess of Executive Level I.
(Sec. 205) Prohibits the use of funds under this title for Head Start to pay an individual, either as direct costs or any peroration as an indirect cost, at a rate in excess of Executive Level II.
(Sec. 206) Prohibits the expenditure of funds under this Act pursuant to specified evaluation provisions of PHSA, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of HHS, prior to a report by the Secretary of HHS to specified congressional committees detailing the planned uses of such funds.
(Sec. 207) Directs the Secretary of HHS to determine a portion, up to 2.4 percent, of appropriations for PHSA programs to be made available for evaluation of implementation and effectiveness of such programs.
(Sec. 208) Allows the transfer between appropriations of not more than one percent of discretionary funds in this Act for the current fiscal year for the Department of HHS. Prohibits any increase of any such appropriation by more than three percent by any such transfer, but allows that appropriation to be increased by an additional two percent subject to approval by the House and Senate Committees on Appropriations.
(Sec. 209) Requires the amount for research related to the human immunodeficiency virus (HIV) (of amounts made available for NIH in this Act), as jointly determined by the Directors of NIH and of the Office of AIDS Research (OAR), to be made available to the OAR account. Requires the Director of OAR to transfer from such account amounts necessary to carry out certain provisions of PHSA.
(Sec. 210) Prohibits funds under this Act from being made available under title X (population research and voluntary family planning) of PHSA, unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities.
(Sec. 211) Prohibits use of funds under this Act to carry out the Medicare+Choice program if the Secretary of HHS 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.
(Sec. 212) Declares that no provider of services under title X (population research and voluntary family planning) of PHSA shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
(Sec. 213) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend authority for certain provisions for establishing categories of aliens for purposes of refugee determinations. Includes under such provisions one or more categories of aliens who are or were nationals and residents of the Islamic Republic of 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.
(Sec. 214) Prohibits the use of funds under this Act to withhold substance abuse funding from a State pursuant to specified PHSA provisions, if such State certifies to the Secretary of HHS that the State will commit additional State funds to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 18 years of age. Requires the amount of such funds to be committed by a State to equal one percent of its substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary of HHS. Requires the State to maintain its expenditures in FY 2005 for tobacco prevention programs and for compliance activities at least at its FY 2004 level, and to add to that level such required additional funds for tobacco compliance activities. Provides that no funds under this Act may be used to withhold such substance abuse funding from a territory that receives less than $1 million of such funding.
(Sec. 215) Authorizes the Secretary of HHS, in order for the CDCP to carry out international health activities, including those relating to HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY 2005, to: (1) utilize specified authorities under the State Department Basic Authorities Act of 1956 and other Federal laws; and (2) provide funds to the Secretary of State and to public or nonprofit private entities to acquire, lease, alter, or renovate facilities in foreign countries to carry out such programs.
(Sec. 216) Authorizes the Division of Federal Occupational Health to use personal services contracting to employ occupational health professionals and professionals in management and administration.
(Sec. 217) Authorizes the NIH Director to use certain available funds to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research in support of the NIH Roadmap Initiative of the Director. Authorizes the Director, in entering such transactions, to determine and use appropriate peer review procedures in lieu of the peer review and advisory council review procedures that would otherwise be required under PHSA.
(Sec. 218) Authorizes the use of certain funds to continue operating the Council on Graduate Medical Education.
(Sec. 219) Prohibits the Secretary of HHS from expending any funds appropriated by this Act to apply certain Medicare program criteria, commonly known as the 75 percent rule, to determine whether a hospital or unit of a hospital is an inpatient rehabilitation facility, until the following conditions are met. Requires the Secretary, within 60 days after the issuance of a report on a specified study regarding clinically appropriate standards for defining inpatient rehabilitation services, to consider the report's recommendations and either: (1) determine that the current criteria are not inconsistent with such recommendations; or (2) promulgate a regulation providing for revised criteria, to be effective and final immediately on an interim basis as of its publication date.
(Sec. 220) Transfers a specified amount, from funds appropriated to the Department of HHS under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), to the Office of the Inspector General for oversight of programs established or revised under such Act.
(Sec. 221) Rescinds the unobligated balances of the Health Professions Student Loan and Nursing Student Loan programs of PHSA.
(Sec. 223) Rescinds the unobligated balance, excluding amounts necessary for the costs of potential defaults, in the Medical Facilities Guarantee and Loan Fund.
(Sec. 224) Rescinds the unobligated balance in a specified amount appropriated by Public Law 108-11 under the Public Health and Social Services Emergency Fund for smallpox vaccination compensation.
(Sec. 225) Renames, as the C.W. Bill Young Center for Biodefense and Emerging Infectious Diseases, the Center for Biodefense and Emerging Infectious Diseases at NIH.
Title III: Department of Education - Department of Education Appropriations Act, 2005 - Makes appropriations for FY 2005 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) innovation and improvement activities; (6) safe schools and citizenship education; (7) English language acquisition and language enhancement; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (11) vocational and adult education; (12) certain student financial assistance programs, as well as Federal administrative expenses for such programs (setting a maximum individual Pell Grant amount); (13) specified higher education programs; (14) Howard University; (15) the college housing and academic facilities loans program account; (16) the historically Black college and university capital financing program account; (17) the Institute of Education Sciences; (18) departmental management and program administration; (19) the Office for Civil Rights; and (20) the Office of the Inspector General.
Sets the maximum individual Pell Grant amount at $4,050 during award year 2005-2006.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 301) Prohibits the use of funds under in this Act to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.
(Sec. 302) Prohibits the use of funds under in this Act to require, directly or indirectly, the transportation of any student to a school other than the school 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. Declares that such a prohibited 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. Exempts the establishment of magnet schools from such prohibition.
(Sec. 303) Prohibits the use of funds under in this Act to prevent the implementation of programs of voluntary prayer and meditation in public schools.
(Sec. 304) Allows the transfer between appropriations of not more than one percent of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than three percent by any such transfer.
(Sec. 305) Amends the Elementary and Secondary Education Act of 1965 to extend by two years, to October 30, 2007, the deadline for local educational agencies to submit applications for Impact Aid payments relating to Federal property acquired by the Federal Government before October 30, 2000.
(Sec. 306) Makes technical corrections to specified education-related provisions of the Consolidated Appropriations Act, 2004 ((Public Law 108-199).
(Sec. 307) Provides for Pell Grant eligibility for students from the Republic of the Marshall Islands and the Federated States of Micronesia enrolled in institutions in the Republic of Palau to the extent that such grants continue to be available to students from the Republic of the Marshall Islands and the Federated States of Micronesia who are attending institutions in the United States.
Title IV: Related Agencies - Makes appropriations for FY 2005 to: (1) the Armed Forces Retirement Home; (2) the Committee for Purchase From People Who Are Blind or Severely Disabled; (3) the Corporation for National and Community Service, for domestic volunteer service programs and operating expenses; (4) the Corporation for Public Broadcasting; (5) the Federal Mediation and Conciliation Service; (6) the Federal Mine Safety and Health Review Commission; (7) the Institute of Museum and Library Services; (8) the Medicare Payment Advisory Commission; (9) the National Commission on Libraries and Information Science; (10) the National Council on Disability; (11) the National Labor Relations Board; (12) the National Mediation Board; (13) the Occupational Safety and Health Review Commission; (14) the Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; and (15) the Social Security Administration for payments to the Social Security trust funds, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act.
(Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs, unless the Secretary of HHS determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs.
(Sec. 507) Prohibits the expenditure of funds appropriated under this Act, or in any trust fund to which funds are appropriated under this Act, for abortions or for health benefits coverage that includes coverage of abortion, with exceptions specified in section 508 of this Act.
(Sec. 508) Provides that the prohibition in section 507 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. Provides that nothing in section 507 shall be construed as: (1) 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); or (2) 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).
Prohibits funds under this Act from being made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. Includes under the term health care entity, for such purposes, an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.
(Sec. 509) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under specified Federal regulations and the Public Health Service Act. Defines "human embryo or embryos" to include any organism, not protected as a human subject under specified Federal regulations as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.
(Sec. 510) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage.
(Sec. 512) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard.
(Sec. 514) Prohibits the availability of funds under the Library Services and Technology Act for assistance to purchase computers or Internet access for any covered library (under specified provisions of such Act as amended by the Children's Internet Protections Act) unless the library has certified its compliance with certain requirements for Internet safety.
(Sec. 515) Prohibits the availability of funds under the Enhancing Education Through Technology Act of 2001 (part D of title II of the Elementary and Secondary Education Act of 1965, as amended by the Children's Internet Protections Act and the No Child Left Behind Act) to any covered elementary or secondary school, unless its local educational agency has certified the school's compliance with certain requirements for Internet safety.
(Sec. 516) Prohibits the Railroad Retirement Board from expending funds appropriated by this Act to enter into an arrangement with a nongovernmental financial institution to serve as disbursing agent, notwithstanding certain requirements under specified Federal law.
(Sec. 517) Requires a 15-day advance notice of specified types of reprogramming of funds to be given the Appropriations Committees of both Houses of Congress.
(Sec. 518) Conveys the U.S. Government's interest in the property at a certain location in Anchorage, Alaska, to Southcentral Foundation for a replacement Head Start facility.
(Sec. 519) Reduces by a specified amount on a pro rata basis amounts made available under this Act for administrative and related expenses for departmental management for the Departments of Labor, HHS, and Education. Requires the Director of the Office of Management and Budget to report to the House and Senate Committees on Appropriations the accounts subject to such reductions and the amount for each one. Makes such reduction inapplicable to the Food and Drug Administration and the Indian Health Service.
Division G: Legislative Branch Appropriations Act, 2005 - Legislative Branch Appropriations Act, 2005 - Title I: Legislative Branch Appropriations - Makes FY 2005 appropriations for the Senate for: (1) expense allowances; (2) representation allowances for the Majority and Minority Leaders; (3) salaries of specified officers, employees, and committees (including the Committee on Appropriations); (4) agency contributions for employee benefits; (5) inquiries and investigations; (6) the U.S. Senate Caucus on International Narcotics Control; (7) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate (Sergeant at Arms); (8) miscellaneous items; (9) the Senators' Official Personnel and Office Expense Account; and (10) official mail costs.
(Sec. 2) Amends the Supplemental Appropriations Act, 1977 to increase from eight to nine the number of individual consultants the Majority and Minority Leaders may each appoint.
(Sec. 3) Amends Public Law 101-302 to extend through FY 2005 and each fiscal year thereafter the authorization of funds within the Senate contingent fund for expenses of the U.S. Senate Collection.
(Sec. 4) Amends the Legislative Appropriations Act, 2003 to extend the Office of the President Pro Tempore Emeritus of the Senate into the 109th Congress.
(Sec. 6) Amends the Supplemental Appropriations Act, 1987 to repeal the requirement that the Secretary of the Senate first receive approval of the Senate Appropriations Committee before transferring to the general expense allowance account certain funds made available for activities concerning foreign parliamentary groups or other visiting foreign officials. Requires only notice to such Committee.
(Sec. 7) Authorizes the payment of reasonable expenses in connection with sending or transporting official records and papers of a Senator from the District of Columbia to the Senator's State. Requires the Sergeant at Arms of the Senate to provide for the most economical means of sending or transporting such items.
(Sec. 8) Authorizes the Sergeant at Arms of the Senate to retain funds received as compensation for damage to, loss of, or loss of use of property of the Sergeant of Arms.
(Sec. 9) Amends the Legislative Reorganization Act of 1970 to increase the minimum age of Senate pages from 14 to 16.
(Sec. 10) States that the Office of the Sergeant of Arms of the Senate and any officer, employee, or agent of the Office shall not be treated as acquiring possession, custody, or control of electronic mail or other electronic communication, data, or information by reason of its being transmitted, processed, or stored (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.
(Sec. 11) Repeals the requirement that salary and mileage accounts be certified by the President of the Senate.
(Sec. 12) Authorizes a member of the Capitol Police to 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 congressional delegation; (2) such member is performing security advisory and liaison functions (including advance security liaison preparations) relating to the travel of that Senator; and (3) the Sergeant at Arms gives prior approval to such travel.
States that such authorized travel shall not be construed to authorize the performance of law enforcement functions by the member in connection with the travel.
Provides for reimbursement to the Capitol Police for the overtime pay, travel, and related expenses for such authorized travel to be paid from the "Sergeant at Arms" account under the heading "Contingent Expenses of the Senate."
(Sec. 13) Amends the Second Supplemental Appropriations Act, 1978 to increase from: (1) $20,000 to $40,000 the expense allowances of the Majority and Minority Leaders of the Senate respectively, for each fiscal year; and (2) $20,000 to $40,000 the limitation on the expense allowance for the President Pro Tempore for each fiscal year.
Amends the Legislative Branch Appropriations Act, 2003 to increase from $7,500 to $15,000 the limitation on the expense allowance of the President pro tempore emeritus
Makes appropriations for the House of Representatives for FY 2005 for: (1) salaries and/or expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees, and the Child Care Center; and (2) Members' representational allowances.
(Sec. 101) Requires any amounts: (1) appropriated under this Act for "House of Representatives - Salaries and Expenses - Members' Representational Allowances" to be available only for FY 2005; and (2) remaining after all such payments are made to be deposited in the Treasury and used for deficit reduction (or, if there is no Federal budget deficit, for reducing the Federal debt).
(Sec. 102) Establishes in the Treasury the Net Expenses of Telecommunications Revolving Fund to be used by the Chief Administrative Officer (CAO) of the House to purchase, lease, obtain, and maintain the data and voice telecommunications services and equipment of legislative branch offices.
Makes conforming amendments to the Legislative Branch Appropriations Act, 1989 and the Legislative Branch Appropriations Act, 2003.
(Sec. 103) Requires the CAO to 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 House employees which is constructed with funds made available under this Act.
Requires user fees for the facility to be used to cover management, operation, and maintenance costs.
(Sec. 104) Declares the sense of the House to encourage House Members who use vehicles for official and representational travel to use hybrid electric and alternatively fueled vehicles whenever possible to help move the Nation toward the use of a hydrogen fuel cell vehicles and reduce our dependence on oil.
(Sec. 105) Establishes the House Services Revolving Fund in the Treasury consisting of funds deposited by the CAO from all amounts received from the: (1) operation of the House Barber Shop; (2) operation of the House Beauty Shop; (3) operation of the House Restaurant System (including vending operations); and (4) provision of mail services to entities which are not part of the House.
Allows amounts in the Revolving Fund to be used for any purpose designated by the CAO which is approved by the House Appropriations Committee.
Terminates existing revolving funds for the House Barber Shop and the House Beauty Shop, and the special deposit account established for the House Restaurant or any successor fund or account for the receipt of revenues of the House Restaurant System. Tranfers their balances to the Revolving Fund.
(Sec. 106) Provides that, if the Clerk of the House is required under any law, rule, or regulation to make available for public inspection a report, statement, or other document filed with the Clerk's Office, the Clerk shall preserve the report, statement, or document: (1) for a six-year period from the date on which the document is filed; or (2) the period required by such law, rule, or regulation.
(Sec. 107) Amends the Supplemental Appropriations Act, 1975 to permit the Majority or Minority Leader of the House, after consultation with the Speaker, to call an organizational caucus or conference at any time during an even-numbered year. (Currently, such caucus or conference begins on or after December 1 and concludes on or before December 20 in such year).
Repeals the 14-day limit on the payment of per diem expenses for a Member-elect (other than an incumbent Member reelected to the ensuing Congress) and his or her staff person who attends such caucus or conference.
Provides that, with the approval of the appropriate Majority or Minority Leader, this section shall apply with respect to the attendance of a Member,or Member-elect, or his or her staff person at a program conducted by the Committee on House Administration for the orientation of new members in the same manner as it applies to the attendance of the Member, Member-elect, or his or her staff person at an organizational caucus or conference.
(Sec. 108) Requires the CAO, subject to the approval of the Committee on House Administration, to implement regulations under which the CAO shall be authorized to handle any mail matter delivered by the U.S. Postal Service or any other carrier to the House, or to any other entity with whom the CAO has entered into an agreement to receive mail matter delivered to it, in such manner as the CAO deems necessary to ensure the safety of any individuals who may come into contact with, or otherwise be exposed to, such mail.
Prohibits any action taken under such regulations from serving as a basis for civil or criminal liability of any individual or entity.
(Sec. 109) Establishes a Republican Policy Committee in the House, which shall have responsibilities as may be assigned by the chair of the Republican Conference.
(Sec. 110) Amends the Supplemental Appropriations Act, 1971 to increase the limit on the annual salary of: (1) the Administrative Assistant to the Speaker from step 5 of level 11 of the House Employees Schedule to step 11 of level 13 ; and (2) the Secretary to the Speaker from step 9 of level 8 of such Schedule to step 8 of level 12.
Makes FY 2005 appropriations for salaries and/or expenses of: (1) the Joint Economic and Taxation Committees; (2) the Office of the Attending Physician; (3) the Capitol Guide Service and Special Services Office; (4) the preparation of statements of appropriations for both the House and the Senate; and (5) the Capitol Police.
(Sec. 1002) Amends the Legislative Branch Appropriations Act, 2004 to: (1) authorize the Chief of the Capitol Police to hire individuals as Capitol Police officers for detail to the Library of Congress other than those submitted for hiring by the Librarian of Congress; (2) establish FY 2005 limits on the number of Capitol Police officers to be hired for Library of Congress duty; and (3) authorize the Chief to detail such individuals on a nonreimbursable basis.
(Sec. 1003) Amends the Revised Statutes to: (1) give the Capitol Police Board (currently, the Sergeants at Arms of the House and of the Senate) authority for selecting Capitol Police uniforms; and (2) authorize Capitol Police officers to carry weapons not purchased with Capitol Police appropriations, both on and off Capitol grounds, as authorized by the Board.
(Sec. 1004) Grants the Capitol Police Board and the Chief of the Capitol Police sole and exclusive authority to determine 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; and (3) the amount for recruitment, relocation bonuses, retention allowances, and educational assistance payments.
Bars such determined rate or amount from review or appeal.
Declares that nothing in this section may be construed to affect: (1) any authority provided under law for a committee of the House or Senate, or any other legislative branch entity, to review or approve such determined rate or amount; (2) such rate or amount which is established under law; or (3) the terms of any collective bargaining agreement.
(Sec. 1005) Authorizes the Capitol Police to accept donations of animals for use in its canine units.
(Sec. 1006) Authorizes the Chief of the Capitol Police to settle and pay claims for damages under the Federal Tort Claims Act (FTCA) and the Military Personnel and Civilian Employees' Claims Act, except that the Chairman of the applicable Committee must approve any proposed resolution of FTCA claims of a Member of Congress or any congressional officer or employee.
Declares that nothing in this section may be construed to permit the Chairman of an applicable Committee to approve a proposed resolution of a claim which is not consistent with FTCA terms and conditions.
Defines applicable Committee as: (1) the Committee on Rules and Administration, 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 (2) the Committee on House Administration, in the case of a Member of the House (including a Delegate or Resident Commissioner) or an officer or employee whose pay is disbursed by the CAO.
Limits the settlement and payment of such claims to the limit applicable to claims of Federal agencies' personnel and the District of Columbia government for personnel property damage or loss.
Declares that nothing in this section may be construed to affect any: (1) payment under Federal law of a final judgment, award, compromise settlement, and interest and costs specified in the judgment based on a claim against the Capitol Police; or (2) any authority for any settlement of complaints under the Congressional Accountability Act of 1995 or payments under such Act for awards and settlements, compliance, and Office of Safety and Health (OSHA) accommodations and access requirements.
(Sec. 1007) Prohibits the Chief of the Capitol Police from deploying any officer outside of the areas established by law for Capitol Police jurisdiction without: (1) prior notice to the House and Senate Committees on Appropriations of anticipated deployment costs; and (2) Capitol Police Board approval. Exempts from these requirements deployments for the purpose of: (1) responding to an imminent threat or emergency; (2) intelligence gathering; or (3) providing protective services.
(Sec. 1008) Makes the Capitol Police General Counsel, in conjunction with the Capitol Police Employment Counsel for employment and labor law matters, responsible for implementing and maintaining an effective legal compliance system under the oversight of the Capitol Police Board.
(Sec. 1009) Authorizes the release of security information in the possession of the Capitol Police to other entities only if the Capitol Police Board has determined that such release will not compromise the security and safety of the Capitol building and grounds or any individuals whose protection and safety are under Capitol Police jurisdiction.
Makes FY 2005 appropriations for: (1) salaries and/or expenses of the Office of Compliance; (2) the Congressional Budget Office; (3) the Architect of the Capitol (AOC), including for the care and operation of Capitol buildings and grounds (including transfer of funds for use of the Capitol Visitor Center project), Senate and House office buildings, the Capitol power plant, Library of Congress buildings and grounds, Capitol Police buildings and grounds, the Botanic Garden (but not for construction of the National Garden); and (4) the Library of Congress for salaries and expenses, the Copyright Office, Congressional Research Service, and Books for the Blind and Physically Handicapped.
(Sec. 1101) Directs the Comptroller General to study and report to the Senate and House Committees on Appropriations, Senate Committee on Rules and Administration, the House Office Building Commission (appropriate congressional committees), and the AOC on: (1) the costs, costs effectiveness, benefits, and feasibility of the AOC's contracting with a private entity for the management and operation of the Capitol Power Plant; and (2) a recommendation on whether the AOC should enter into such a contract.
Provides that, if the Comptroller General recommends entering into a contract, the AOC shall submit an implementation plan to the appropriate congressional committees by the later of: (1) 270 days after the date of the enactment of this Act; or (2) the date of the completion of the West Refrigeration Plant.
Requires the AOC, subject to the approval of the appropriate congressional committees, to enter into a contract with a private entity for the management and operation of the Capitol Power Plant.
(Sec. 1102) Directs the Comptroller General to analyze and report to the House and Senate Committees on Appropriations on the operations of the Office of the AOC, and to include in the analysis recommendations regarding the extent to which the AOC functions and duties may be carried out more effectively through contracts with private entities, through reassignment to other entities of the legislative branch, and through other appropriate methods as the Comptroller General considers appropriate.
(Sec. 1202) Increases (from the FY 2004 level) the obligational authority of the Library of Congress for FY 2005 for reimbursable and revolving fund activities funded from sources other than appropriations.
(Sec. 1203) Amends the Miscellaneous Appropriations Act, 2001 to extend to March 31, 2010, the availability of funds for the Library's National Digital Information Infrastructure and Preservation Program.
(Sec. 1204) Provides that funds for the Library of Congress under this Act shall be available for remittance to the Department of State for the FY 2005 fee charged for the maintenance, upgrade, or construction of U.S. diplomatic facilities, but only to the extent that such fee is equal to or less than the unreimbursed value of the services provided during such fiscal year to the Library on State Department diplomatic facilities.
(Sec. 1205) Extends through FY 2005 authorizations of appropriations for the National Film Preservation Board and the National Film Preservation Foundation.
Makes FY 2005 appropriations to the Government Printing Office (GPO) for: (1) congressional printing and binding (including transfer of funds); (2) the Office of Superintendent of Documents for salaries and expenses (including transfer of funds); and (3) the GPO revolving fund.
(Sec. 1301) Authorizes the Superintendent of Documents to determine discounts for sales copies of GPO publications. (Currently a discount of up to 25 percent may be allowed to book dealers and quantity purchasers only.)
Makes FY 2005 appropriations for the Government Accountability Office (GAO) for salaries and expenses.
(Sec. 1401) Requires heads of executive agencies and the Mayor of the District of Columbia to transmit to the Comptroller General, on the same date that such reports are transmitted to the President and Congress, copies of reports of violations of specified Federal laws limiting obligations, expenditures, and voluntary activities of officers and employees of those agencies or the District.
Makes FY 2005 appropriations for a payment to the Open World Leadership (OWL) Center Trust Fund.
(Sec. 1501) Amends the Legislative Branch Appropriations Act, 2001 to expand the list of participating eligible countries under the OWL program by authorizing the Board of Trustees of the OWL Center to designate additional countries, with prior notice to the Senate and House Appropriations Committees.
(Sec. 1502) Amends the Legislative Branch Appropriations Act, 2001 to increase the Board of Trustees for the OWL Center from nine members to 11. Includes on the Board the chairs of the Subcommittees on Legislative Branch of the Senate and House Appropriations Committees.
(Sec. 207) Authorizes the AOC 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. 209) Prohibits a legislative branch entity from being required to use the eTravel Service established by the Administrator of General Services for official travel by its officers or employees during FY 2005 or any succeeding fiscal year.
(Sec. 210) Authorizes the head of any office in the legislative branch to establish a program under which voluntary separation incentive payments (not to exceed $25,000) may be offered to eligible employees of the office to encourage them to separate from service voluntarily (whether by retirement or resignation).
Prohibits payment of a voluntary separation incentive payment with respect to an office unless the office head submits a specified plan to each applicable committee and each such committee approves the plan.
Defines applicable committee with respect to an office as any House or Senate committee with jurisidiction over such office's activities under the applicable House or Senate rules (as determined by the office head). Excludes: (1) the House and Senate Committees on Appropriations; and (2) an executive agency office or any of its employees.
Defines eligible employees as certain Federal or congressional employees who: (1) are serving under an appointment without time limitation; and (2) have been currently employed for a continuous period of at least three years.
Lists individuals excluded from such definition.
Requires an employee to repay the entire incentive amount to the office which made it if the individual accepts Federal employment within five years after the separation on which the payment is based. Authorizes a waiver of such requirement if the individual involved (except one employed under a Federal personal services contract) possesses unique abilities and is the only qualified applicant available for the position.
(Sec. 211) Prohibits the use of funds contained in this Act to study, design, plan, or otherwise further the construction or consideration of a fence to enclose the perimeter of the U.S. Capitol grounds.
(Sec. 212) Amends the Legislative Branch Appropriations Act, 2003 to repeal the limitation to 100 percent of the amount of donated funds currently placed on appropriations to provide congressional recognition for excellence in arts education under the Congressional Award Act.
(Sec. 213) Transfers jurisdiction over certain parcels of Federal real property near the Japanese American Patriotism Memorial to the AOC, without consideration.
(Sec. 214) Amends the Consolidated Appropriations Act, 2004 to extend: (1) the deadline for the report by the Commission on the Abraham Lincoln Study Abroad Fellowship Program through December 1, 2005; and (2) the Commission through December 31, 2005.
(Sec. 215) Authorizes the CAO of the House and the Sergeant at Arms and Doorkeeper of the Senate to enter into a memorandum of understanding under which the Sergeant at Arms shall provide all services of the U.S. Capitol telephone exchange for the House, in accordance with such terms and conditions as may be provided in such memorandum.
Declares that for any period during which the memorandum is in effect: (1) all positions in the U.S. Capitol telephone exchange for which the CAO is the employing authority shall be transferred to the Sergeant at Arms; (2) all employees in the U.S. Capitol telephone exchange for whom the CAO is the employing authority shall be transferred to an appointee of the Sergeant at Arms; and (3) the Sergeant at Arms shall serve as the employing authority for all personnel of U.S. Capitol telephone exchange.
Sets forth pay and leave protections for transferred employees.
Allows the memorandum to require reimbursement by the House of the expenses incurred by the Sergeant at Arms in carrying out the memorandum with respect to the U.S. Capitol telephone exchange employees whose employing authority before the memorandum's effective date was the CAO.
Division H: Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2 005 - Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005 - Title I: Department of Transportation - Makes appropriations for FY 2005 for: (1) the Department of Transportation (DOT), Office of the Secretary; (2) the Federal Aviation Administration (FAA); (3) the Federal Highway Administration (FHA), earmarking an amount for specified Intelligent Transportation Systems (ITS) projects; (4) the Federal Motor Carrier Safety Administration; (5) the National Highway Traffic Safety Administration (NHTSA); (6) the Federal Railroad Administration (FRA); (7) the Federal Transit Administration (FTA); (8) the Saint Lawrence Seaway Development Corporation; (9) the Maritime Administration; (10) the Research and Special Programs Administration; (11) the Office of Inspector General; and (12) the Surface Transportation Board.
(Sec. 102) Increases from 350 (during FY 2004) to 375 the maximum number of technical staff-years for whose compensation funds may be used under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY 2005.
(Sec. 103) Bars the use of funds made available in this Act for engineering work related to an additional runway at Louis Armstrong New Orleans International Airport.
(Sec. 105) Bars the use of funds appropriated or limited by this Act by this Act to change weight restrictions or prior permission rules at Teterboro Airport in Teterboro, New Jersey.
(Sec. 106) Extends the Secretary of Transportation's authority to issue war risk insurance through December 31, 2005.
(Sec. 107) Directs the Secretary to make airport development project grants available (from funds available for airport planning and development and noise compatibility planning and programs) for the cost of acquisition of land for non-exclusive use aeronautical purposes on an approved airport layout plan for any small hub airport that had scheduled or char tered direct international flights totaling at least 200 million pounds gross aircraft landed weight for calendar year 2002.
(Sec. 112) Makes certain funds otherwise available to the Bureau of Transportation Statistics also available to administer contracts for transportation of mail by air.
(Sec. 113) Amends the Transportation Equity Act for the 21st Century (TEA21) to replace the project to construct I-495/Route 2 interchange east of an existing interchange to provide access to a commuter rail station, Littleton, Massachusetts, with a project for Ayer commuter rail station improvements, land acquisition, and parking improvements.
Transfers certain highway funds for Routes 70/38 Circle Elimination, New Jersey, to other specified New Jersey projects, including: (1) Mantua Creek Overpass in Paulsboro; (2) Delsea Drive Route 47 Timber Creek in Westville; (3) Camden Waterfront Parking Garage in Camden; and (4) Route 47 Chapel Heights Avenue in Gloucester.
Earmarks a specified amount of funds for the Traverse City Bypass, Traverse City, Michigan, to carry out a comprehensive regional transportation study on the multimodal transportation needs in Grand Traverse County, Michigan, and to implement study recommendations.
Makes funds provided for the Utah-Colorado "Isolated Empire" Rail Connector Study that are unobligated as of October 1, 2004, available to the Central Utah Rail Line (Sigurd/Salina to Levan) Project.
Amends the Department of Transportation and Related Agencies Appropriations Act, 2001, to replace the construction project to extend Highway 180 from the City of Mendota to I-5 in Fresno County, California, with a construction project to extend Highway 180 from the City of Fresno to I-5 in Fresno County, California.
(Sec. 114) Prohibits the use of funds made available under this Act 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. 116) Earmarks certain highway funds 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, nonprofit or for-profit corporation, or institution of higher education.
(Sec. 117) Directs the Secretary, in specified circumstances, to deduct no more than 4.1 percent of funds allocated for certain highway program projects for: (1) grants to support planning, highway corridor development, and highway construction projects in the Delta Regional Authority area; and (2) certain surface transportation projects.
(Sec. 118) Rescinds $100 million in appropriations from the Highway Trust Fund.
(Sec. 119) Makes the intermodal marine facility for the Port of Anchorage, Alaska, eligible for certain funding purposes a publicly owned intermodal surface freight transfer facility.
(Sec. 120) Directs DOT to complete approval of the proposed 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.
(Sec. 121) Designates the Hoover Dam Bypass Bridge in the Lake Mead National Recreation Area between Nevada and Arizona as the Mike O'Callaghan-Pat Tillman Memorial Bridge.
(Sec. 122) Authorizes the Secretary to expend Federal-aid highway program funds 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 replenishment for such project.
(Sec. 123) Bars the FHA from using funds made available in this Act to develop or disseminate any version of a programmatic agreement 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) Rescinds $16,407,908.88 of unobligated balances made available under specified highway and transportation authorization and appropriations Acts.
(Sec. 126) Earmarks a specified amount from the Highway Trust Fund (HTF) for the replacement of the Belleair Causeway Bridge in Penellas County, Florida.
(Sec. 127) Makes certain Federal-aid highway program funds available for replacement of the Interstate-10 bridge spanning Escambia Bay in Escambia and Santa Rosa Counties, Florida.
(Sec. 131) Prohibits the use of funds under this Act 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: (1) the operators of utility service vehicles; or (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) Prohibits the use of funds made available under this Act to issue or implement DOT's proposed regulation entitled "Parts and Accessories Necessary 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 such regulation requirements.
(Sec. 142) Authorizes the Secretary for FY 2005 to use amounts made available to States for safety incentive grants for use of seat belts for innovative project allocations (not to exceed the prior year's amounts for such allocations) before making such seat belt use incentive grants.
(Sec. 151) Authorizes FRA to: (1) use appropriated funds to provide for installation of a broad band high speed Internet service connection (including necessary equipment) for FRA employees; and (2) either pay directly recurring monthly charges, or reimburse a percentage of such monthly charges which are paid by such inspectors. Requires FRA to certify that: (1) adequate safeguards against private misuse exist; and (2) the service is necessary for direct support of its mission.
(Sec. 152) Amends the Rail Safety and Service Improvement Act of 1982, with respect to the U.S. transfer of all Alaska Railroad rail properties to the State of Alaska, to provide that amounts appropriated or otherwise made available to a State-owned railroad shall be retained and managed by it for railroad and railroad-related purposes. Authorizes State-owned railroads to take any necessary and appropriate action, consistent with Federal railroad safety laws, to preserve and protect its rail properties in the interests of safety.
Declares that, with respect to such transfer, any hazardous substance, petroleum or other contaminant release at or from State-owned rail properties that began before January 5, 1985, shall remain the liability of the United States for damages and for the costs of investigation and cleanup.
(Sec. 153) Authorizes the Secretary to award a grant from certain FRA next-generation high-speed rail funds to the Illinois Department of Transportation for KBS Railroad track and grade crossing improvements in Kankakee County and Northeastern Illinois.
(Sec. 154) Expands the Northern New England High Speed Rail Corridor to include the train routes from Boston, Massachusetts, to Albany, New York, and from Springfield, Massachusetts, to New Haven, Connecticut.
(Sec. 155) Directs the National Railroad Passenger Corporation (Amtrak) to report by March 1, 2005, to the House and Senate Committees on Appropriations on Amtrak's mail and express operations (including any impact termination of such operations may have).
(Sec. 164) Transfers unobligated balances from the FTA's Discretionary Grants account to: (1) its Formula Grants account; and (2) the Interstate Transfer Grants-Transit account. Requires such balances to be used, together with Formula Grant funds available for reapportionment in such account, to restore obligation authority reduced due to a prior deficiency.
(Sec. 165) Authorizes the use of funds otherwise made available for Alaska or Hawaii ferry boats or ferry terminal facilities to: (1) 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; (2) initiate and operate a passenger ferryboat services demonstration project to test the viability of different intra- and inter-island ferry boat routes and technology; and (3) acquire passenger ferry boats and to provide passenger ferry transportation services within the areas of Hawaii under the control or use of the National Park Service.
(Sec. 167) Increases from three to five the number of pilot projects authorized under the Consolidated Appropriations Act, 2004 for cooperative procurement of major capital equipment. Prescribes a procedure for evaluation of proposals.
(Sec. 168) Authorizes certain unexpended transportation funds for the Port Authority of Allegheny County (Pennsylvania) for the Airport Busway/Wabash HOV Facility project to be used by the Port Authority for the purchase of buses and bus-related equipment.
(Sec. 169) Transfers to the Transit Planning and Research account any unobligated funds made available under the bus category of the Capital Investment Account in a prior fiscal year Appropriations Act for the Greater New Haven (Connecticut) Transit District Fuel Cell and Electric Bus project or CNG/alternative fuel vehicle project.
(Sec. 170) Makes certain unobligated FTA, buses and bus facilities funds available to the Matanuska Susitna Borough (Alaska) for expenditure on ferry boat and ferry facilities and related expenses as part of the Port MacKenzie Intermodal Facility project.
(Sec. 171) Makes new fixed guideway systems funds otherwise available for the Honolulu, Hawaii, bus rapid transit project also 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. Transfers any unobligated funds from such project to any eligible entity for use on improvements to the Kapolei Interchange Complex. Makes funds for Hawaii BRT Systems, Appurtenances and Facilities available for bus and bus facilities by the City and County of Honolulu.
(Sec. 172) Authorizes the Navy to receive funds from the State of Hawaii for the procurement of passenger ferry boats to provide passenger ferry transportation services for the Arizona War Memorial.
(Sec. 173) Directs the TRA to comply with the requirements of the Federal Transit Act of 1998, as amended by the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 in the Consolidated Appropriations Act, 2004, with respect to the coordinated development and governmental funding of certain Utah transportation projects.
(Sec. 175) Transfers to the FRA unobligated funds made available for the Burlington-Bennington, Vermont Commuter Rail project, the Burlington-Middlebury, Vermont Commuter Rail project, the Vermont Transportation Authority Rolling Stock, and the Burlington-Essex, Vermont commuter rail project in order to upgrade and improve the publicly-owned Vermont Rail Infrastructure from Bennington to Burlington with a northern terminus in Essex Junction. Sets the Federal share of project costs at 80 percent.
(Sec. 176) Makes unobligated funds designated to the Oklahoma Transit Association in Public Law 108-7 available to the Metropolitan Tulsa Transit Authority and the Central Oklahoma Transportation and Parking Authority for authorized job access and reverse commute grant projects upon receipt of an application.
(Sec. 177) Makes available to the New York Metropolitan Transportation Authority (NYMTC) for eligible mass transportation capital projects any funds remaining under specified FTA grant numbers, together with a specified amount in urbanized area formula funds that were allocated by the NYMTC to the New York City Department of Transportation.
(Sec. 178) Declares that fixed guideway extensions and new segments 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 preferred alternatives for purposes of eligibility for grants and loans for fixed guideway system capital projects.
(Sec. 179) Makes a specified amount of certain FTA funds for the Hawthorne-Warwick Commuter Rail Project available for: (1) the Scranton, Pennsylvania, NY City Rail Service Fixed Guideway Project; (2) a feasibility study on utilizing diesel multiple unit rolling stock on MOS-3 of the Hudson Bergen Light Rail Transit System; and (3) transfer to the FRA for the New York and Susquehanna and Western Rail Road Diesel Multiple Unit Compliance and Demonstration Project. Sets the Federal share of project costs at 80 percent.
(Sec. 186) Makes DOT appropriations contained in this Act available for the procurement by an agency head of temporary or intermittent services of experts or consultants, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV.
(Sec. 187) Prohibits funds under this Act from being: (1) made available for salaries and expenses of more than 106 DOT political and Presidential appointees; or (2) used to implement the establishment of a National Highway Safety Advisory Committee.
(Sec. 189) Prohibits a recipient of funds made available in this Act from disseminating personal information obtained by a State department of motor vehicles in connection with a motor vehicle record, except for specified permitted uses.
(Sec. 191) Authorizes the Secretary of Transportation to allow the issuer of preferred stock sold to DOT to redeem or repurchase it upon the payment to DOT of an amount determined by the Secretary.
(Sec. 192) Prohibits funds in this Act to DOT from being used to make a grant unless the Secretary notifies the House and Senate Committees on Appropriations at least three full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1 million or more is announced from: (1) any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the FAA; or (3) any program of the FTA other than the formula grants and fixed guideway modernization programs. Provides that no notification shall involve funds that are not available for obligation.
(Sec. 194) Makes recovered improper payments by DOT to a third party contractor under a financial assistance award available to: (1) reimburse the actual expenses incurred in recovering improper payments; and (2) pay contractors for services provided in recovering them.
(Sec. 195) Authorizes the Secretary to transfer unexpended balances available for the bonding assistance program from "Office of the Secretary, Salaries, and expenses" to "Minority business outreach."
(Sec. 196) Prohibits funds made available in this Act for DOT from being obligated for the Office of the Secretary to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for congressional notification.
(Sec. 197) Reduces by $20.844 million the funds provided in this Act for the Working Capital Fund.
(Sec. 198) Considers for FY 2004 and 2005 the city of Norman, Oklahoma, to be part of the Oklahoma City urbanized area.
(Sec. 199) Amends Federal transportation law to authorize the Secretary to grant no more than four additional slot exemptions (from regulations pertaining to slots at high density airports) to an incumbent air carrier operating between 20 and 28 slots at LaGuardia Airport (New York) (as of October 1, 2004) to provide air transportation between such airport and a small hub or nonhub airport. (Currently, the Secretary is required to grant exemptions from such requirements to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from LaGuardia if the number of slot exemptions granted to the carrier for the airport when added to the slots and slot exemptions already held by it for the airport does not exceed 20.)
Title II: Department of the Treasury - Authorizes appropriations for FY 2005 for the Department of the Treasury, including departmental offices and: (1) the Office of Foreign Assets Control; (2) department-wide systems and capital investments; (2) the Office of Inspector General; (3) Treasury Inspector General for Tax Administration; (4) the Air Transportation Stabilization Board; (5) the Financial Crimes Enforcement Network; (6) the Financial Management Service; (7) the Alcohol and Tobacco Tax and Trade Bureau; (8) the United States Mint; (9) the Bureau of the Public Debt; and (10) the Internal Revenue Service (IRS).
(Sec. 216) Amends Federal law to extend from six years to seven years the authorization for the personnel management demonstration project providing for the compensation and performance management of not more than a combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms.
(Sec. 218) Prohibits the use of funds appropriated by this Act or any other source to merge the U.S. Mint and the Bureau of Engraving and Printing without the approval of specified congressional committees.
(Sec. 220) Amends Federal law to declare that the Secretary of the Treasury shall not be liable for a payment made by the Secretary or depository in due course and without negligence of an electronic payment issued by the Treasury or the depository. Requires the amount of liability relief to be charged to the Check Forgery Insurance Fund, and any recovery or repayment of a loss for which replacement is made out of the fund to be credited to such fund.
(Sec. 221) Directs the Secretary of the Treasury to report by December 1, 2004, to a specified congressional committee on how certain statutory provisions addressing currency manipulation by America's trading partners can be better clarified administratively to: (1) provide for improved and more predictable evaluation; and (2) enable the problem of currency manipulation to be better understood by the American people and Congress.
(Sec. 222) Establishes within the Department of the Treasury: (1) the Office of Terrorism and Financial Intelligence (OTFI); and (2) the Office of the Undersecretary for Terrorism and Financial Crimes (successor to the Office of the Undersecretary for Enforcement), who shall serve as the head of the OTFI, and be appointed by the President, by and with the advice and consent of the Senate.
Establishes within the OTFI the position of Assistant Secretary for Terrorist Financing, who shall be responsible for formulating and coordinating the counter terrorist financing and anti-money laundering efforts of the Department of the Treasury.
Establishes the following Department offices within the OTFI: (1) the Office of the Assistant Secretary for Intelligence and Analysis; (2) the Office of the Assistant Secretary for Terrorist Financing; (3) the Office of Foreign Assets Control (OFAC); (4) the Executive Office for Asset Forfeiture; (5) the Office of Intelligence and Analysis (OIA); and (6) the Office of Terrorist Financing.
Establishes within the Department's Financial Crimes Enforcement Network (FinCEN) an Office of Compliance.
Sets forth the responsibilities of the OIA, including receipt, analysis, collation, and dissemination of intelligence and counterintelligence information related to the Department's entire operations and responsibilities.
Abolishes the Department's Office of the Undersecretary for Enforcement and transfers all rights, duties, and responsibilities of such office to the Office of the Undersecretary for Terrorism and Financial Crimes.
Title III: Executive Office of the President and Funds Appropriated to the President - Authorizes appropriations for FY 2005 for compensation of the President and salaries and expenses of designated White House agencies, including: (1) the Council of Economic Advisers; (2) the National Security Council (NSC); (3) the Office of Administration; (4) the Office of Management and Budget (OMB); (5) the Office of National Drug Control Policy; (6) various Federal Drug Control Programs; and (7) special assistance to the President and the official residence of the Vice President.
Title IV: Independent Agencies - Authorizes appropriation for FY 2005 for independent agencies, including: (1) the Architectural and Transportation Barriers Compliance Board; (2) the Election Assistance Commission; (3) the Federal Election Commission; (4) the Federal Labor Relations Authority; (5) the Federal Maritime Commission; (6) the General Services Administration (GSA); (7) the Merit Systems Protection Board; (8) the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (9) the Environmental Dispute Resolution Fund; (10) the National Archives and Records Administration; (11) the National Historical Publications and Records Commission; (12) the National Transportation Safety Board (NTSB); (13) the Office of Government Ethics; (14) the Office of Personnel Management (OPM); (15) the Office of Inspector General; (16) the Office of Special Counsel; (17) the U.S. Postal Service (earmarking an additional amount for emergency expenses to protect postal employees and postal customers from exposure to hazardous materials in the mail); and (18) the U.S. Tax Court.
(Sec. 407) Authorizes the Administrator of General Services to sell the Middle River Depot at Middle River, Maryland, and credit the proceeds as offsetting collections to the Federal Buildings Fund for appropriate capital activities.
(Sec. 408) Amends Federal law to authorize the Administrator to pay direct expenses of highest and best use-of-property studies, utilization of property studies, deed compliance inspection, and relocation expenses among those incurred for the use of excess Federal property and the disposal of surplus Federal property.
(Sec. 409) Rescinds $106 million of the amounts made available under any Federal law from the Federal Buildings Fund for new construction, repairs, and alterations.
(Sec. 410) Authorizes the GSA Administrator, in order to address heightened security requirements for the proposed Moss United States Courthouse Annex project, to: (1) 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, and known as the Shubrick Building; (2) use previously appropriated project funds to initiate compliance procedures immediately in accordance with the National Historic Preservation Act and the National Environmental Policy Act; and (2) redesign the proposed courthouse expansion to incorporate the new site.
(Sec. 411) Directs the Postmaster General of the U.S. Postal Service to convey to GSA, for specified consideration, the property formerly used as the Main Postal Office Carrier Annex in Baton Rouge, Louisiana, and located at 750 Florida Street. Directs the GSA Administrator, not later than ten days after such conveyance, to reconvey such land and improvements, without consideration by quitclaim deed and without recourse, to the Recreation and Park Commission for the Parish of East Baton Rouge, Louisiana, for use as a downtown park or for other public purposes.
(Sec. 412) Authorizes the Administrator to convey real and related personal property and retain the net proceeds in an account within the Federal Buildings Fund to be used for GSA real property capital needs.
(Sec. 413) Authorizes the Administrator to sell to the Town of Nahant, Massachusetts, all right, title, and interest of the United States to real property located at Castle Road, Gardner Road, and Goddard Drive in Nahant. Authorizes the Administrator to deposit the net proceeds in the GSA Real Property Relocation account (unless they exceed $2 million, in which case they shall be deposited in the U.S. Coast Guard Housing Fund).
(Sec. 414) Prohibits the use of funds after July 1, 2005, to provide telecommunications service for any Federal government-owned building, unless it complies with a regulation or Executive Order that requires: (1) the provision of telecommunications services using redundant and physically separate entry points to Federal buildings; and (2) the use of physically diverse local network facilities to provide such services.
Title V: General Provisions (This Act) - (Sec. 501) Sets forth permissions for and restrictions upon the use of funds under this Act.
(Sec. 507) Prohibits payment of the salary from any appropriation under this Act for any person filling a permanent or indefinite position formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for a period of not more than one year, applied for restoration to his former position; and (4) been certified by OPM as still qualified to perform the duties of his former position, but not been restored to it.
(Sec. 508) Sets forth Buy American requirements, and penalties for their violation.
(Sec. 515) Prohibits the availability of funds appropriated under this Act 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 (except where the life of the woman would be endangered if the fetus were carried to term or the pregnancy resulted from rape or incest).
(Sec. 518) Amends the Consolidated Appropriations Act, 2004 to require all Federal agencies to consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175.
(Sec. 519) Prohibits the use of funds made available under this Act to finalize, implement, administer, or enforce a certain proposed rule (or its specified proposed revision) relating to the determination that real estate brokerage is an activity that is financial in nature or incidental to a financial activity, thereby permitting banks to enter the real estate business as agents and brokers.
(Sec. 520) Amends the Securities Exchange Act of 1934 to require the Tennessee Valley Authority (TVA) for FY 2006 and thereafter to file with the Securities and Exchange Commission (SEC) such information, documents, and reports as would be required under the Act if TVA were an issuer of registered securities. States that TVA shall not be required to register with the SEC securities it issues. Deems TVA an issuer, however, for purposes of the application of certain audit requirements under the Act.
(Sec. 521) Amends the Denali Commission Act of 1998 to authorize the Secretary of Transportation to make lump sum payments to the Denali 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. Authorizes appropriations.
(Sec. 522) Requires each Federal agency to have a Chief Privacy Officer with primary responsibility for privacy and data protection policy. Requires each agency to establish and implement comprehensive privacy and data protection procedures governing the agency's collection, use, sharing, disclosure, transfer, storage, and security of information in an identifiable form relating to the agency employees and the public. Requires each agency, at least every two years, to perform an independent, third-party review of such procedures and policies.
(Sec. 523) Prohibits the obligation of funds made available under this Act to establish or implement a pilot program (commonly known as the EAS local participation program) under which up to ten designated essential air service communities located in proximity to hub airports are required to assume ten percent of their own essential air subsidy costs for a four-year period.
(Sec. 524) Bars the use of funds appropriated by this Act 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 manufacturing employment.
(Sec. 525) Amends the Federal Election Campaign Act of 1971 with respect to the prohibition against the designation as an authorized committee of any political committee which supports or has supported more than one candidate. Increases from $1,000 to $2,000 the ceiling amount of contributions such a committee of one candidate may make to an authorized committee of any other candidate without violating the prohibition (that is, still be designated as an authorized committee of the first candidate).
(Sec. 526) Amends the Former Presidents Act to allow the use of allowance and office staff funds to pay fees of an independent contractor, who is not a staff member, for the review of the former President's Presidential records in connection with their transfer to the National Archives and Records Administration or a Presidential Library, without regard to such Act's limitation on staff compensation.
(Sec. 527) Earmarks specified amounts of certain funds for the Buffalo, New York Inner Harbor Redevelopment Project.
(Sec. 528) Authorizes the use of funds in this Act, otherwise apportioned to the Charleston Area Regional Transportation Authority, to acquire land, equipment, or facilities used in public transportation from another governmental authority in the same geographic area.
(Sec. 529) Directs the Secretary, to the extent funds remain available within the current budget, to 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 24 light rail vehicles.
(Sec. 530) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to extend through October 1, 2005, the temporary exemption of over-the-road buses and vehicles regularly and exclusively used as an intrastate public agency transit passenger bus from certain axle weight limitations for vehicles using the Dwight D. Eisenhower System of Interstate and Defense Highways.
(Sec. 531) Transfers a certain amount of unobligated funds designated to the North Country County Consortium, New York project (in the conference report accompanying Public Law 108-99 under the Job Access and Reverse Commute Account) to the bus category of the Capital Investment Grants Account and available for North Country Bus and Bus Related Equipment.
(Sec. 532) Amends the Federal Election Campaign Act of 1971 to authorize the use of contributions accepted by a candidate, and any other donation received by an individual as support for activities as a Federal office holder, for: (1) donations to State and local candidates (subject to State law);or (2) any other lawful purpose not specifically prohibited by the Act.
(Sec. 533) Authorizes the OMB Director to transfer up to ten percent of certain appropriations to any other such appropriation, 15 days after giving notice to the congressional appropriations committees.
Title VI: General Provisions (Departments, Agencies, and Corporations) - (Sec. 601) Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.
(Sec. 617) Sets restrictions upon the use of appropriations by any Federal department, agency, or instrumentality unless it has in place, and will continue to administer in good faith, a written policy designed to ensure that all workplaces are free from discrimination and sexual harassment and 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. 632) Amends Federal law to extend from October 1, 2004, to October 1, 2005, the authorization for the franchise fund pilot programs in six executive agencies.
(Sec. 633) Prohibits the use of funds by any Federal agency to collect, review, or create any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site.
(Sec. 634) Prohibits the use of funds appropriated by this Act to enter into or renew a contract for a Federal employee health plan which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Exempts specified religious plans. Prohibits such a health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.
(Sec. 638) Prohibits the use of funds to: (1) implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program; or (2) implement certain proposed OPM regulations relating to the detail of executive branch employees to the legislative branch.
(Sec. 640) Requires a pay increase of 3.5 percent for civilian Federal employees, including those of the Department of Defense and the Department of Homeland Security, and specified others, for FY 2005.
(Sec. 643) Directs the Secretary of the Treasury to furnish to the Secretary of Health and Human Services certain information for comparison with information in the National Directory of New Hires and other disclosures to assist in the collection of delinquent non-tax debt owed to the United States.
(Sec. 645) Designates the United States courthouse located at 95 Seventh Street in San Francisco, California, as the "James R. Browning United States Courthouse."
Division I: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2005 - Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2005 - Title I: Department of Veterans Affairs - Makes FY 2005 appropriations to the Department of Veterans Affairs (VA) for: (1) veterans' compensation, pensions, and readjustment benefits; (2) veterans' insurance and indemnities; (3) veterans' housing and vocational rehabilitation loan accounts, including Native American and homeless veterans; (4) veterans' medical care; (5) medical facilities; (6) medical and prosthetic research; (7) medical administration; (8) departmental administration; (9) the National Cemetery Administration; (10) the Office of Inspector General; (11) construction; and (12) grants to States for construction of extended care facilities and State veterans cemeteries.
Sets forth authorized uses of, and limitations on, funds made available under this title.
(Sec. 107) Directs the Secretary of Veterans Affairs to reimburse the general operating expenses account from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund for the cost of administration of the insurance programs financed through those accounts.
(Sec. 108) Directs the VA to continue, until October 1, 2005, the Franchise Fund pilot program for providing administrative support services to designated Federal agencies. Extends program funding through such date.
(Sec. 110) Requires, for FY 2005, that funds available in any VA appropriation or fund for salaries and other administrative expenses shall be available to reimburse specified service costs provided by the Offices of Resolution Management and Employment Discrimination Complaint Adjudication.
(Sec. 111) Prohibits the use of appropriations made by this title for: (1) entering into any new lease of real property with an estimated annual rental of over $300,000, unless the Secretary submits a report which the congressional appropriations committees approve within 30 days after submission; or (2) hospitalization or treatment for non-service-connected disability or illness unless the individual provides accurate insurance and annual income information.
(Sec. 113) Obligates funds appropriated under this title for information technology initiatives to support the VA's enterprise architecture.
(Sec. 114) Prohibits the use of funds in this Act to implement specified provisions of the Department of Veterans Affairs Emergency Preparedness Act of 2002 that: (1) establish medical emergency preparedness centers at VA medical centers; and (2) add an Assistant Secretary of Veterans Affairs for Operations, Preparedness, Security, and Law Enforcement Functions.
(Sec. 115) Deposits and transfers receipts that would otherwise be credited to the Veterans Extended Care Revolving Fund, the Medical Facilities Revolving Fund, the Special Therapeutic and Rehabilitation Fund, the Nursing Home Revolving Fund, the Veterans Health Services Improvement Fund, and the Parking Revolving Fund to the Medical Care Collections Fund and to the Medical Care account.
(Sec. 116) Directs the Secretary to conduct a program of recovery audits for the fee basis and other hospital-related service contracts.
(Sec. 117) Authorizes enhanced-use leasing proceeds in the Medical Care Collection Fund to be transferred to construction accounts and used for Department medical facility construction or improvements.
(Sec. 118) Makes medical services amounts available for: (1) recreational facilities; and (2) funeral expenses for beneficiaries receiving VA care.
(Sec. 120) Authorizes and specifies medical account transfers.
(Sec. 122) Authorizes the expenditure of specified funds originally appropriated to the medical care account for emergency expenses resulting from the January 1994 earthquake in Southern California for the same purposes of the medical services account.
(Sec. 123) Directs the the Secretary to allow eligible veterans in rural areas of Alaska to obtain medical care from an Indian Health Service or tribal organization facility if no VA health facility or service is available, provided that such service results in no additional VA cost.
(Sec. 124) Authorizes the transfer of medical facilities account funds for non-recurring expenses caused by hurricanes and tropical storms.
Title II: Department of Housing and Urban Development - Makes FY 2005 appropriations for the Department of Housing and Urban Development (HUD) for: (1) public and Indian housing; (2) project-based rental assistance; (3) the Public Housing Capital and Operating Funds; (4) revitalization of severely distressed public housing (HOPE VI); (5) Native American housing block grants; (6) Indian and Native Hawaiian housing loan guarantees; (7) housing opportunities for persons with AIDS; (8) the Office of Rural Housing and Economic Development; (9) empowerment zones and enterprise communities; (10) community development block grants and loan guarantees; (11) brownfields redevelopment; (12) the HOME investment partnerships program; (13) homeless assistance grants; (14) housing for the elderly and for persons with disabilities; (15) flexible subsidy fund; (16) manufactured housing fees trust fund; (17) the Federal Housing Administration (FHA); (18) the Government National Mortgage Association (GNMA or Ginnie Mae); (19) housing policy development and research; (20) fair housing activities; (21) the Office of Lead Hazard Control; (22) management and administration; (23) the Working Capital Fund; (24) the Office of Inspector General; and (25) the Office of Federal Housing Enterprise Oversight.
Rescinds specified public and Indian housing amounts from: (1) the housing certificate fund; (2) drug elimination grants for low-income housing; (3) Native American housing block grants; and (4) the Indian housing loan guarantee program account.
Rescinds amounts from: (1) the housing assistance program; and (2) the FHA general and special risk program account.
(Sec. 201) States that 50 percent of budget authority amounts, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from certain qualified projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 shall be rescinded, or in the case of cash, remitted to the Treasury, and such non-rescinded or non-remitted amounts shall be used by State housing finance agencies or local governments or local housing agencies for certain approved projects. Authorizes the Secretary of Housing and Urban Development to use up to 15 percent of such non-rescinded or non-remitted amounts as refinancing incentives for project owners.
(Sec. 202) Prohibits funds under this Act from being used during FY 2005 to investigate or prosecute under the Fair Housing Act any otherwise lawful activities aimed at achieving or preventing government or court action.
(Sec. 203) Directs the Secretary to make housing for persons with AIDS grants to any State that qualified in a prior fiscal year but does not qualify in FY 2005 due to decreased AIDS cases in non-metropolitan areas of the State.
Allocates certain FY 2005 housing funds for persons with AIDS from New York City, New York, on behalf of the New York-Wayne-White Plains, New York-New Jersey Metropolitan Division of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area to: (1) Jersey City, New Jersey, based on the number of AIDS cases in the portion of the metropolitan area or division that is located in Hudson County, New Jersey; and (2) Paterson, New Jersey, based on the number of AIDS cases in the portion of the metropolitan area or division that is located in Bergen County and Passaic County, New Jersey. Requires the recipient cities to use such amounts in their respective portions of the metropolitan division located in New Jersey.
(Sec. 204) Declares, with respect to FY 2005 assisted living facility section 8 rental payments, that a family residing in an assisted living facility in Oakland, Macomb, Wayne, or Washtenaw Counties, Michigan, may be required to pay rent in an amount exceeding 40 percent of its monthly adjusted gross income.
(Sec. 205) Requires HUD to grant awards on a competitive basis, unless there is an explicit exception.
(Sec. 206) Makes HUD funds subject to the Government Corporation Control Act, or other restrictions, available, without regard to limitations on administrative expenses, for legal services and for services and facilities of the Federal National Mortgage Association (FNMA or Fannie Mae), Ginnie Mae, Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac), Federal Financing Bank (FFB), Federal Reserve banks, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation (FDIC).
(Sec. 207) Limits HUD spending to amounts set forth in budget estimates submitted to Congress.
(Sec. 208) Authorizes HUD corporations and agencies subject to the Government Corporation Control Act to make necessary FY 2005 expenditures without regard to fiscal year limitations. Limits the use of collections of these corporations and agencies (with specified exceptions) to new loan or mortgage purchase commitments only to the extent expressly provided for in this Act, unless they are in support of other forms of assistance provided in this or prior appropriations Acts.
(Sec. 209) Prohibits the obligation or expenditure by HUD of funds provided in this title for technical assistance, training, or management improvements unless HUD provides the appropriations committees with a description of each proposed activity and budget estimates of the associated costs (by March 15, 2005, for FY 2005).
(Sec. 210) Directs the Secretary to report quarterly regarding all uncommitted, unobligated, and excess funds in each HUD program.
(Sec. 211) Directs the Secretary, in managing and disposing of any HUD-held multifamily property that is occupied primarily by elderly or disabled families in FY 2005, to maintain any section 8 rental assistance payments that are attached to such dwelling units. Authorizes the Secretary, if such payments are not feasible, to contract for project-based rental assistance payments with an owner or owners of other existing housing properties or provide other rental assistance.
(Sec. 212) Allocates certain FY 2005 housing funds for persons with AIDS from: (1) Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division to New Jersey based on the number of AIDS cases in the New Jersey portion of the metropolitan area or division; and (2) Raleigh, North Carolina, on behalf of the Raleigh-Carey, North Carolina, Metropolitan Statistical Area, to Wake County, North Carolina. Requires that the allocations be used in such Areas.
Authorizes the Secretary, with respect to the allocation of FY 2005 AIDS housing opportunity funds on behalf of a metropolitan statistical area, to designate the State (or States) in which the metropolitan statistical area is located as the eligible grantee(s). Provides for State allocation in proportion to the number of AIDS cases.
(Sec. 213) Makes funds appropriated for housing for the elderly and for supportive housing for persons with disabilities available for maintaining and disposing of such HUD-held properties.
(Sec. 214) Directs the Secretary to report annually regarding the number of federally assisted units under lease and the per unit cost of these units to HUD.
(Sec. 216) States that certain housing certificate fund vouchers for non-elderly disabled families shall continue to be provided to non-elderly disabled families upon turnover.
(Sec. 217) States that: (1) the installment contract between the Village of Hanna City, Illinois, and the General Services Administration (GSA) is in the nature of a purchase money mortgage which will be paid off at closing; and (2) HUD shall accept Hanna City's holding of equitable title as sufficient for the purposes of the housing for the elderly program.
(Sec. 218) Exempts Alaska, Iowa, and Mississippi from the requirement to have a public housing resident on the board of directors of a public housing authority or other administering body. Requires such authorities to establish an advisory board which shall have a specified number of resident members.
(Sec. 219) Amends the National Housing Act with respect to grounds for civil penalties for violations by FHA participants and multifamily mortgagors.
(Sec. 220) Amends the Housing and Community Development Act of 1987 to: (1) include nursing homes, intermediate care facilities, board and care homes, assisted living facilities, or hospitals among the properties for which the Secretary may recover damages for violations of certain mortgages held under the National Housing Act; and (2) expand the category of persons who may be held liable for such violations.
(Sec. 221) Amends the National Housing Act with respect to payment of mortgage insurance benefits to a mortgagor to: (1) make States or Indian tribes eligible asset purchasers in revitalization areas; and (2) define "State" as 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 designated agency or instrumentality.
(Sec. 223) Amends the National Housing Act to permit refund of all the unearned premium charges on an insured residential mortgage under the Mutual Mortgage Insurance Fund or the General Insurance Fund only if the mortgagor refinances the mortgage under title II of such Act.
(Sec. 224) Considers the housing portion of an athletic scholarship as adjusted income for rental housing eligibility purposes under the United States Housing Act of 1937.
(Sec. 225) States that 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 Indian Housing block grant recipients that received FY 2004 funds.
Title III: Independent Agencies - Makes FY 2005 appropriations for: (1) the American Battle Monuments Commission; (2) the Chemical Safety and Hazard Investigation Board; (3) the Department of the Treasury, Community Development Financial Institutions Fund Program Account; (4) the Consumer Product Safety Commission; (5) the Corporation for National and Community Service; (6) the U.S. Court of Appeals for Veterans Claims; (7) the Department of Defense (DOD)-Civil for cemeterial expenses, Army; (8) the Department of Health and Human Services (HHS), National Institute of Environmental Health Sciences; (9) the Agency for Toxic Substances and Disease Registry; (10) the Environmental Protection Agency (EPA); (11) the Hazardous Substance Superfund, including transfers of funds; (12) the Executive Office of the President, Office of Science and Technology Policy, the Council on Environmental Quality, and the Office of Environmental Quality; (13) FDIC, Office of Inspector General; (14) GSA, Federal Citizen Information Center Fund; (15) the United States Interagency Council on Homelessness; (16) the National Aeronautics and Space Administration (NASA); (17) the National Credit Union Administration; (18) the National Science Foundation (NSF); (19) the Neighborhood Reinvestment Corporation; (20) the Selective Service System; and (21) the White House Commission on the National Moment of Remembrance.
Title IV: General Provisions - Sets forth conditions and limitations on the obligation and expenditure of funds appropriated or made available under this Act.
(Sec. 410) Expresses the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.
(Sec. 411) Prohibits the use of funds under this Act for any program, project, or activity when it is made known to the appropriate Federal entity or official that the program, project, or activity is not in compliance with Federal law relating to risk assessment, private property protection, or unfunded mandates.
(Sec. 414) Encourages all Departments and agencies funded under this Act, within the limits of existing statutory authorities and funding, to expand their use of "E-Commerce" technologies and procedures.
(Sec. 417) Amends the National Aeronautics and Space Administration Act of 1958 to replace the space flight capabilities appropriations account with an exploration capabilities account beginning in FY 2005.
(Sec. 418) Prohibits the use of funds under this Act 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 Networks.
(Sec. 419) Expresses the sense of Congress that no veteran should wait more than 30 days for an initial doctor's appointment.
(Sec. 420) Prohibits funds under this Act for NASA to be used for voluntary separation incentives that would result in the loss of skills related to the safety of the Space Shuttle or the International Space Station, or independent safety oversight.
(Sec. 421) Authorizes the Secretary of Veterans Affairs to treat the Pioneer Homes in Alaska (located in Anchorage, Fairbanks, Juneau, Ketchikan, Palmer, and Sitka) as a State veterans home.
(Sec. 422) Makes specified NASA funds available to the families of the astronauts who died on the Space Shuttle Columbia on February 1, 2003.
(Sec. 423) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004 to apply certain small engine regulations to new non-road new spark ignition engines under 50 horsepower. (Current law applies to new non-road spark ignition engines under 50 horsepower.)
(Sec. 424) Makes additional FY 2005 amounts available for The Hudson River Park Trust for planning, design and reconstruction of Pier 86 in New York City.
(Sec. 425) Makes specified VA funds available for equal distribution to Eric and Brian Simon of Minneapolis, Minnesota.
(Sec. 426) Waives certain requirements under the Housing and Community Development Act of 1974 with respect to the Village of Chickasaw Sewer Collection and Treatment System, Mercer County, Ohio. States that: (1) such waiver only applies to the grant that was awarded for the period September 1, 2003 through October 31, 2005, and in the amount of $600,000; and (2) Chickasaw must complete all appropriate environment reviews.
Division J: Other Matters - Title I: Miscellaneous Provisions and Offsets - Miscellaneous Appropriations and Offsets Act, 2005 - (Sec. 101) Appropriates additional funds to the Department of Energy for the weatherization assistance program.
(Sec. 102) Amends the Ronald W. Reagan National Defense Authorization Act of Fiscal Year 2005 to increase from $300 million to $500 million the limitation on the use of Department of Defense's operation and maintenance funds for: (1) the Commanders' Emergency Response Program for enabling military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements; and (2) a similar program to assist the people of Afghanistan.
(Sec. 103) Amends the District of Columbia Appropriations Act, 2005 (DCAA 2005) to increase funds for construction projects to be derived from Rights-of-Way funds.
Amends DCAA 2005 to amend the Student Loan Marketing Association Reorganization Act of 1996 to require a recipient of a grant from the credit enhancement revolving fund for public charter schools to use grant funds for activities to assist public charter schools in the District of Columbia in obtaining lease guarantees (in accordance with regulations promulgated by the Office of Public Charter School Financing).
Revises DCAA 2005 amendments to the District of Columbia School Reform Act of 1995 with respect to public charter schools.
Repeals the DCAA 2005 reduction from two-thirds to 51 percent of the minimum number of full-time teachers employed in a school necessary to endorse a petition to convert a District public school or an existing private or independent school into a public charter school.
Repeals the DCAA 2005 grant to a teacher employed at a D.C. public school that converts to a public charter school of the option to remain at the charter school during the school's first year of operation after receiving an extended leave of absence, and thereafter at the charter school's sole discretion.
Modifies the requirement that the Mayor and the D.C. government give a right of first offer with respect to any facility or property not previously (or under contract to be) disposed of to an eligible applicant whose petition to establish a public charter school is conditionally approved. Repeals the mandatory annual reinstatement of such right. Extends the restriction on the exercise of such right with respect to certain facilities or properties to exclude any facility or property that is: (1) the subject of a previously proposed resolution submitted to the D.C. Council by the Mayor on or before December 1, 2004, seeking authority for disposition of such facility or property; or (2) under an Exclusive Rights Agreement executed on or before such date.
Modifies the terms of purchase or lease of such a facility or property to require the Mayor to negotiate in accordance with written rules or regulations as determined by the Mayor, and published in the District of Columbia Register. Repeals the DCAA 2005 requirement that the rent or acquisition price for such facility or property be at least 25 percent less than its appraised value. Requires, instead, that such rent or acquisition price, as applicable, be at the appraised value of the property, based on its use for school purposes. Grants a D.C. public school approved to become a conversion public charter school the right to occupy the facilities exclusively under a minimum 25-year lease, renewable for additional 25-year periods as long as the school maintains its charter at the appraised value of the property based on its use for school purposes (in lieu of maintaining its charter at the nonprofit rate, or if there is no nonprofit rate, at 25 percent less than the fair market rate for school use).
Revises the DCAA 2005 requirement that the Public Charter School Board maintain its accounts according to Generally Accepted Accounting Principles for Not-for-Profit Organizations, to repeal the qualification "for Not-for-Profit Organizations."
Makes the amendments made by this Section effective as if included in the enactment of the District of Columbia Appropriations Act, 2005.
(Sec. 104) Requires the Secretary of the Department of Homeland Security to transfer up to $40 million from funds appropriated to the Coast Guard's "Acquisition, Construction, and Improvements" account in FY 2005 from the Rescue 21 project to the HH-65 re-engining project, subject to 15-day advance notification to congressional appropriations committees.
(Sec. 105) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend the National Pre-Disaster Mitigation program through December 31, 2005.
(Sec. 106) Earmarks the use of funds provided in the Department of Homeland Security Appropriations Act, 2005 for the Transportation Security Administration, Maritime and Land Security.
(Sec. 107) Amends the Military Construction Appropriations Act, 2005 to: (1) decrease funding for acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps, including personnel in the Naval Facilities Engineering Command and other necessary personal services; and (2) increase funding for construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of Navy and Marine Corps reserve components.
(Sec. 108) Makes additional funding available under the heading "Shipbuilding and Conversion, Navy" in the Department of Defense Appropriations Act, 2005 for the Secretary of the Navy to acquire a vessel with the Coast Guard registration number 225115.
(Sec. 109) Designates the tree genus Quercus (commonly known as the oak tree) as the national tree.
The accrued benefit of a participant under a plan may not be decreased by an amendment of the plan,
(Sec. 110) Declares that the prohibition against a decrease in the accrued benefit of a plan participant through amendment of the plan under the Employee Retirement Income Security Act of 1974 (ERISA) does not apply at any time, whether before or after the enactment of this Act, to an amendment adopted before June 7, 2004, by a [multiemployer] pension plan covering primarily employees working in Alaska, to the extent that such amendment: (1) provides for the suspension of the payment of benefits, modifies the conditions under which their payment is suspended, or suspends actual adjustments in benefit payments in accordance with ERISA and applicable regulations; and (2) applies to participants who have not retired before the adoption of such amendment.
(Sec. 111) Requires the head of each Federal agency or department to provide: (1) each new employee of the agency or department with educational and training materials concerning the U.S. Constitution as part of the orientation materials provided the new employee; and (2) educational and training materials concerning the U.S. Constitution to each of its employee on September 17 of each year.
Requires each educational institution that receives Federal funds for a fiscal year to hold an educational program on the U.S. Constitution on September 17 of such year for its students.
Redesignates September 17 as Constitution Day and Citizenship Day (currently, Citizenship Day). Makes such provision without fiscal year limitation.
(Sec. 112) Requires the rates in effect on November 15, 2004, under the tariff required by Federal Communications Commission (FCC) 94-116 (relating to the integrated plan governing interstate telecommunications services between Alaska and the contiguous states ("Lower 48") and between Alaska and Hawaii) (reduced three percent annually starting January 1, 2006) to 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").
Prohibits a provider of covered services, between April 1, 2005, and January 1, 2010, from providing, and a purchaser of such services from obtaining, 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 five percent of such contract's total value.
Requires the use of revenues collected (less costs) for calendar years 2005 through 2009 to support and expand the network in the market.
Terminates, effective on the enactment of this Act, the conditions described in FCC 95-334 (granting the application for transfer of control of ALASCOM, Inc. (Alascom) from Pacific Telecom, Inc. (the parent company of Alascom) to AT & T Corporation) and the related conditions imposed in FCC 94-116, FCC 95-427 (granting AT&T's application to be declared a non-dominant carrier in the market for interstate, domestic, interexchange telecommunications services), and FCC 96-485 (prescribing revised depreciation rates for seven specified local exchange carriers, including AT&T Alascom), and all pending proceedings relating to the tariff.
Requires, thereafter, the State regulatory commission with jurisdiction over the market to treat the same all interexchange carriers serving the market with respect to the provision of intrastate services, with the goal of reducing regulation. Prohibits the FCC from requiring such carriers to file reports based on the Uniform System of Accounts.
Authorizes a provider to file a petition to enforce this section (including damages and injunctive relief) before the FCC (whose final order may be appealed) if the FCC fails to issue a final order within 90 days of a filing. Declares that 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, or an affiliate under its control, for its provision of retail interstate interexchange services originating in the market.
(Sec. 113) Allows the availability of direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents for or in Libya, notwithstanding specified Federal law, if the President determines that to do so is important to the national security interests of the United States.
(Sec. 114) Makes conforming amendments to the Consolidated Appropriations Act, 2004 with respect to the Alaska Gas Pipeline Act (AGPA) as enacted in Division C of the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005 concerning loan guarantees for an Alaskan natural gas pipeline project for transportation of natural gas from the Alaska North Slope to the continental United States.
Requires such a loan guarantee to be utilized only by the qualified project chosen by the Federal Energy Regulatory Commission.
(Sec. 115) Provides that any unobligated amounts appropriated under the Department of the Interior and Related Agencies Appropriations Act, 1999 for improvements to the air strip at King Cove, Alaska, shall be made available to the Aleutians East Borough to complete construction of an unpaved road on King Cove Corporation Lands, dock, and marine facilities and equipment.
(Sec. 116) Designates the Mt. Soledad Veterans Memorial located within the Soledad Natural Park in San Diego, California, as a national memorial honoring veterans of the U.S. armed forces.
Requires the Secretary of the Interior to: (1) accept donation of the Memorial from the City of San Diego; (2) administer it as a National Park System unit; and (3) enter into a memorandum of understanding with the Soledad Memorial Association for continued maintenance by the Association of the Memorial's cross and surrounding granite memorial walls and plaques.
(Sec. 117) Permits transfer of $80 million of Department of Defense funding for FY 2005, with the concurrence of the Secretary of Defense, to the Department of State under "Peacekeeping Operations."
(Sec. 118) Appropriates additional funds for construction and related expenses of a facility for the U.S. Institute of Peace, to remain available until expended.
(Sec. 119) Appropriates specified additional amounts for FY 2005 for: (1) the Helen Keller National Center for Deaf-Blind Youths and Adults for activities authorized under the Helen Keller National Center Act; (2) the Department of Health and Human Services (DHHS), Health Resources and Services Administration (HRSA) for the Hospital for Special Surgery to establish a National Center for Musculoskeletal Research, New York, New York, for facilities and equipment; (3) the DHHS HRSA for the Jesse Helms Nursing Center at Union Regional Medical Center, Union County, North Carolina for facilities and equipment; and (4) necessary 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) Extends to Interstate Routes 89 and 93 in New Hampshire the applicability of certain State laws (including regulations) concerning vehicle weight limitations that were in effect on January 1, 1987, in lieu of such limitations under the Dwight D. Eisenhower System of Interstate and Defense Highways.
(Sec. 122) Rescinds 0.80 percent of: (1) the budget authority provided (or obligation limitation imposed) for FY 2005 for any discretionary account in divisions A through J of this Act (Consolidated Appropriations Act, 2005) and in any other FY 2005 appropriation Act (except any FY 2005 supplemental appropriation Act, the Department of Homeland Security Appropriations Act, 2005, the Department of Defense Appropriations Act, 2005, or the Military Construction Appropriations Act, 2005); (2) the budget authority provided in any advance appropriation for FY 2005 for any discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in FY 2005 for any program subject to limitation contained in any division or appropriation Act subject to paragraph (1).
Requires proportionate application of such rescissions.
Title II: 225th Anniversary of the American Revolution Commemoration Act - 225th Anniversary of the American Revolution Commemoration Act - Directs the Secretary of the Interior to establish a program to be known as the 225th Anniversary of the American Revolution Commemoration. Requires the Secretary to: (1) produce and disseminate educational materials related to the Anniversary; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance to other Federal agencies, States, local governments, private entities, and the governments of the United Kingdom, France, the Netherlands, Spain, and Canada; (3) assist in the protection of resources associated with the American Revolution; (4) enhance communications, connections, and collaboration among the National Park Service (NPS) 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 symbol or device for the theme "Lighting Freedom's Flame: American Revolution, 225th Anniversary." Requires the program to encompass: (1) all NPS units and programs determined to pertain to the American Revolution; (2) other governmental and nongovernmental sites, facilities, and programs of an educational, research, or interpretive nature directly related to the American Revolution; and (3) the participation of such foreign governments. Authorizes appropriations.
Title II: 225th Anniversary of the American Revolution Commemoration Act - 225th Anniversary of the American Revolution Commemoration Act - Directs the Secretary of the Interior to establish a program to be known as the 225th Anniversary of the American Revolution Commemoration. Requires the Secretary to: (1) produce and disseminate educational materials related to the Anniversary; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance to other Federal agencies, States, local governments, private entities, and the governments of the United Kingdom, France, the Netherlands, Spain, and Canada; (3) assist in the protection of resources associated with the American Revolution; (4) enhance communications, connections, and collaboration among the National Park Service (NPS) 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 symbol or device for the theme "Lighting Freedom's Flame: American Revolution, 225th Anniversary." Requires the program to encompass: (1) all NPS units and programs determined to pertain to the American Revolution; (2) other governmental and nongovernmental sites, facilities, and programs of an educational, research, or interpretive nature directly related to the American Revolution; and (3) the participation of such foreign governments. Authorizes appropriations.
Title III: Rural Air Service Improvements - Rural Air Service Improvement Act of 2004 - Amends Federal postal service law with respect to contracts for rural air mail service.
Revises the definition of an "existing mainline carrier" to require that the mainline non-priority bypass mail it carries through scheduled service in Alaska be tendered to it under its designator code.
Revises the minimal requirements the U.S. Postal Service must apply to the selection of carriers of non-priority bypass mail to any point served by more than one carrier in Alaska. Reduces from three to two the number of scheduled noncontract flights each week established between two points within Alaska for at least 12 consecutive months with aircraft having over 7,500 pounds payload capacity before being selected as a carrier of non-priority bypass mail at the intra-Alaska mainline service mail rate.
Authorizes the Postal Service, after consultation with affected carriers, to establish for service by such aircraft with over 7,500 pounds payload capacity before selection as a carrier: (1) a larger number than two weekly flights; or (2) the days that service will operate.
Authorizes an air carrier that has been selected to provide transportation of non-priority bypass mail in Alaska to subcontract such service to another existing mainline carrier when additional or substitute aircraft are needed to meet the Postal Service delivery schedule or the carrier's operating requirements.
Declares that nothing in this title shall preclude the Postal Service from establishing by regulation aircraft preferences for the dispatch of postal products other than non-priority bypass mail.
Title IV: Visa Reform - L-1 Visa and H-1B Visa Reform Act - Subtitle A: L-1 Visa Reform - L-1 Visa (Intracompany Transferee) Reform Act of 2004 - (Sec. 12) Amends the Immigration and Nationality Act (INA) to preclude L-1 (intracompany transferee) nonimmigrant visa status for aliens with specialized knowledge who will be stationed primarily at the worksite of an employer unaffiliated with the petitioning employer, if: (1) the alien will be controlled and supervised principally by such unaffiliated employer; or (2) the placement is essentially an arrangement to provide labor for hire rather than in connection with the alien's specialized knowledge.
(Sec. 13) Eliminates the requirement of six months prior continuous overseas employment applicable to nonimmigrants covered by L-1 blanket petitions (thus subjecting all L-1 nonimmigrants to a one-year continuous employment requirement). Limits application of this provision to petitions for initial classification filed on or after the effective date of this subtitle.
(Sec. 14) Requires the Department of Homeland Security (DHS) to maintain statistics regarding petitions filed, approved, extended, and amended with respect to L nonimmigrants, including the number of such nonimmigrants classified on the basis of specialized knowledge and classified on the basis of such knowledge in order to work primarily at offsite locations.
(Sec. 15) Directs the Inspector General (IG) of the DHS to examine and report to the Judiciary Committees of the House of Representatives and the Senate on the vulnerabilities and potential abuses of the L visa program.
(Sec. 16) Requires the establishment of an L Visa Interagency Task Force consisting of representatives from DHS, the Department of Justice, and the Department of State. Directs the Secretaries of each department and each relevant bureau of DHS to appoint designees to the Task Force.
Requires the Task Force to report to the Judiciary Committees of the House and Senate on efforts to implement recommendations set forth in the IG's report.
Subtitle B: H-1B Visa Reform - H-1B Visa Reform Act of 2004 - (Sec. 22) Makes permanent the provision requiring employers who are dependent on H-1B (specialty occupations) nonimmigrants or who have committed a willful failure or misrepresentation during the preceding five years to file an attestation with the labor condition application (LCA) submitted to the Secretary of Labor (Secretary) stating that U.S. workers have not and will not be displaced.
Makes permanent the authority to collect fees for H-1B employer petitions and increases the fee for each such petition from $1,000 to $1,500 (except that employers with no more than 25 full-time equivalent employees in the United States are required to pay one-half of that amount).
(Sec. 23) Requires the prevailing wage to reflect 100 percent (currently, 95 percent) of the wage determined pursuant to provisions governing labor certifications and wage-related attestations for H-1B and H-1B1 (specialty occupations under Chile and Singapore Free Trade Agreements) nonimmigrants.
Requires Government surveys used by the Secretary to determine the prevailing wage to provide at least four levels of wages commensurate with experience, education, and level of supervision. Sets forth a formula for subdividing existing two-level Government surveys.
(Sec. 24) Authorizes the Secretary to initiate an investigation of any employer who employs H-1B nonimmigrants if the Secretary has reasonable cause to believe that the employer is not in compliance with the employer's LCA. Requires the Secretary to personally certify that reasonable cause exists and to approve commencement of the investigation.
Authorizes the Secretary to conduct an investigation on the basis of credible information from a known source likely to have knowledge of an employer's practices, employment conditions, or LCA compliance where such information provides reasonable cause to believe that the employer has: (1) committed a willful failure to meet a required labor condition; (2) engaged in a pattern or practice of failures to meet such a condition; or (3) committed a substantial failure to meet such a condition that affects multiple employees.
Directs the Secretary to establish a procedure for persons desiring to provide the Secretary with information that may be used as the basis for commencing an investigation.
Requires information from a known source that forms the basis of an investigation to originate from: (1) a source other than an officer or employee of the Department of Labor (DOL); or (2) a lawful DOL investigation under INA or any other Act.
States that receipt by the Secretary of information provided by an employer for purposes of securing H-1B employees shall not be considered a receipt of information through a known source sufficient to support an investigation.
Prohibits an investigation (or related hearing) on the basis of information provided by a known source unless the Secretary receives such information within 12 months of the date of the alleged failure.
Requires the Secretary to provide advance notice to employers subject to investigation unless doing so would interfere with the Secretary's effort to secure compliance. Precludes judicial review of the Secretary's determination regarding notice.
Authorizes investigations for a period of up to 60 days.
Requires the Secretary to provide notice and an opportunity for a hearing within 120 days after determining that a reasonable basis exists to make a finding that the employer has violated labor condition requirements. Requires a finding in the matter within 120 days after a requested hearing.
Makes the provisions of this section governing investigations retroactively applicable as if enacted on October 1, 2003.
States that a person or entity is considered to have complied with required labor conditions notwithstanding a technical or procedural failure if there was a good faith attempt to comply, unless: (1) DOL or another enforcement agency has explained the basis of the failure; (2) the person or entity was given a period of at least 10 business days to correct the failure; and (3) the failure remains uncorrected.
Prohibits the assessment of fines or other penalties for violations of prevailing wage requirements if the person or entity under investigation establishes that the manner in which the prevailing wage was calculated was consistent with recognized industry standards and practices.
Excludes from the good-faith exception and the exception for prevailing wage calculations those persons or entities that have engaged or are engaging in a pattern or practice of willful violations.
Requires the Secretary to submit to the Judiciary Committees of the Senate and House an annual report on: (1) the investigations undertaken pursuant to this section; and (2) expenditures from the H-1B and L Fraud Prevention and Detection Account established by this Act.
(Sec. 25) Adds to existing exemptions from the numerical limitation on H-1B status those aliens who have earned a Master's or higher degree from a U.S. institution of higher education until the number of aliens so exempted in any fiscal year reaches 20,000.
Requires the Secretary of Homeland Security to maintain statistical information on the country of origin and occupation of, educational level maintained by, and compensation paid to each H-1B nonimmigrant who is exempt from the numerical limitation and to report such information to Congress.
(Sec. 26) Requires the Secretary of Homeland Security to impose a $500 fraud prevention and detection fee on employers filing initial petitions for H-1B or L nonimmigrants or seeking authorization for such aliens to change employers. Requires the Secretary of State to impose a similar fee on aliens applying for L visas abroad who are covered by blanket petitions.
Establishes an H-1B and L Fraud Prevention and Detection Account in the Treasury where collected fees shall be deposited.
Divides account funds equally between the Secretaries of State, Homeland Security, and Labor for fraud prevention and detection activities and labor condition enforcement.
(Sec. 27) Modifies the formula for allocating fees from the H-1B Nonimmigrant Petitioner Account as follows: (1) job training, 50 percent; (2) low-income scholarship program, 30 percent; (3) National Science Foundation (NSF) competitive grants, 10 percent; and (4) duties related to petitions, five percent. Maintains the allocation for LCA processing at five percent.
(Sec. 28) Amends the American Competitiveness and Workforce Improvement Act of 1998 to reauthorize DOL job training grants for eligible entities to assist unemployed and employed workers in obtaining or upgrading employment in industries and economic sectors that are projected to experience significant growth, as determined by the Secretary. Requires the Secretary to ensure that activities funded by such grants are coordinated with the public workforce investment system.
Authorizes the use of job training grant funds to implement model activities such as developing appropriate curricula, 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 training needs of high growth industries and sectors.
Authorizes the award of grants to partnerships of private and public sector entities, which may include: (1) businesses or business-related nonprofit organizations; (2) education and training providers; and (3) entities involved in administering the workforce investment system and economic development agencies.
Directs the Secretary to: (1) ensure equitable distribution of grant funds across geographically diverse areas; (2) take into account, when awarding grants, the extent to which other resources will be made available by eligible grant applicants and the ability of grantees to continue activities following grant expiration; and (3) require grantees to report on the employment outcomes of grant-funded training.
(Sec. 29) Expands the NSF low-income scholarship program to include technology and science programs designated by the NSF Director as eligible degree programs. Increases the maximum amount of a scholarship awarded under such program to $10,000 per year.
Authorizes the Director to use no more than 50 percent of scholarship funds for undergraduate programs for curriculum development, for professional and workforce development, and to advance technological education.
Requires the Director to publish in the Federal Register a list of eligible programs of study no later than 60 days after enactment of this title.
Title V: National Aviation Heritage Area - National Aviation Heritage Area Act - (Sec. 4) Establishes within the States of Ohio and Indiana the National Aviation Heritage Area.
(Sec. 6) Requires the Aviation Heritage Foundation, Incorporated (AHFI) to develop and submit to the Secretary of the Interior a management plan for the Area, which provides for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Area.
(Sec. 7) Authorizes the Secretary to provide financial and technical assistance to the Area.
(Sec. 8) Requires the Administrator of the National Aeronautics and Space Administration (NASA) and the appropriate Secretary to coordinate decisions affecting the Area.
(Sec. 9) Sets forth requirements for the inclusion of private property.
(Sec. 10) Sets forth use and access requirements.
(Sec. 11) Authorizes appropriations. Establishes a 50 percent matching requirement.
(Sec. 12) Terminates assistance for the Area 15 years after funds are first made available for this title.
(Sec. 13) Requires the Secretary to conduct and report to specified congressional committees on an updated special resource study detailing alternatives for incorporating the Wright Company factory as a unit of the Dayton Aviation Heritage National Historical Park. Instructs the Secretary to consult with the Delphi Corporation, the AHFI, State and local agencies, and other interested parties in the area.
Title VI: Oil Region National Heritage Area - Oil Region National Heritage Area Act - (Sec. 3) Establishes the Oil Region National Heritage Area in Pennsylvania. Designates the Oil Heritage Region, Inc., to be the management entity for the Area.
(Sec. 4) Directs the Secretary to enter into a compact with the management entity to carry out this title.
(Sec. 5) Requires the management entity to develop a management plan for the Area. Requires the management plan to provide for the conservation, funding, management, and development of the Area.
Prohibits such entity from using Federal funds under this title to acquire real property or an interest in real property.
(Sec. 6) Authorizes the Secretary to provide technical and financial assistance to the management entity. Directs the Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Area.
(Sec. 7) Sets forth the duties of other Federal entities conducting activities affecting the Area.
(Sec. 8) Terminates grants or assistance for the Area 15 years after funds are first made available for this title.
(Sec. 9) Sets forth requirements for the inclusion of private property.
(Sec. 10) Sets forth use and access requirements.
(Sec. 11) Permits the management entity to use other available Federal funds.
(Sec. 12) Authorizes appropriations. Establishes a 50 percent matching requirement.
Title VII: Mississippi Gulf Coast National Heritage Area Act - Mississippi Gulf Coast National Heritage Area Act - (Sec. 4) Establishes, in the State of Mississippi, the Mississippi Gulf Coast National Heritage Area, and assigns the Mississippi Department of Marine Resources to serve as the Area's coordinating entity (the entity). Directs the entity to develop and submit to the Secretary of the Interior a management plan for the Area which provides recommendations for the conservation, funding, management, interpretation, and development of the cultural, historical, archaeological, natural, and recreational resources of the Area.
Directs the entity to periodically review the plan.
(Sec. 6) Specifies the authorities and duties of the entity.
(Sec. 7) Authorizes the Secretary to provide technical and financial assistance to the entity.
(Sec. 8) Prohibits the entity, or anything in this Act, from affecting specified authorities, including those of a State, Indian tribe, or local government concerning land use, fish and wildlife management, and, with respect to an Indian tribe, cultural or religious sites on Indian land.
(Sec. 9) Authorizes appropriations. Establishes a 50 percent Federal share of the total cost of any activities assisted under this Act.
Title VIII: Federal Lands Recreation Enhancement Act - Federal Lands Recreation Enhancement Act - (Sec. 3) Authorizes the appropriate Secretary (the Secretary of the Interior with respect to a Federal land management agency other than the Forest Service or the Secretary of Agriculture with respect to the Forest Service), beginning on January 1, 2005, to establish, modify, charge, and collect recreation fees at Federal recreational lands and waters as provided for in this section.
Specifies requirements for recreation fees, entrance fees, standard amenity recreation fees, expanded amenity recreation fees, and special recreation permit fees.
(Sec. 4) Sets forth provisions for public participation in the development or changing of recreation fees established under this Act. Requires the appropriate Secretary to provide: (1) notice of the establishment of a new recreation fee area for each agency six months before establishment; and (2) advance notice of a new recreation fee or change to an existing recreation fee established under this Act.
Directs the appropriate Secretary or the Secretary of the Interior and the Secretary of Agriculture acting jointly (the Secretaries) to 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.
(Sec. 5) Directs the Secretaries to: (1) establish, and authorize charging a fee for, America the Beautiful-the National Parks and Federal Recreational Lands Passes, 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) hold annual competitions to select the image on the Pass; (3) establish the price of the Pass; and (4) market the Pass. Allows such Secretaries to enter into cooperative agreements with governmental and nongovernmental entities for the development and implementation of the National Parks and Federal Recreational Lands Pass Program. Prohibits establishing any national pass, except as provided in this section.
Authorizes the appropriate Secretary to establish and charge fees for site-specific and regional multientity passes.
(Sec. 6) Sets forth requirements regarding specified cooperative agreements.
(Sec. 7) Provides for the establishment of special accounts for Federal land management agencies and the distribution and expenditure of recreation fees and pass revenues from such accounts.
(Sec. 8) Sets forth requirements for use of expenditures at specific sites and areas.
(Sec. 9) Requires reports to Congress every three years on the status of the recreation fee program for Federal recreational lands and waters.
(Sec. 10) Terminates the Secretary's authority to carry out this Act ten years after the enactment of this Act.
(Sec. 11) Authorizes the appropriate Secretary to: (1) use volunteers to collect recreation fees and sell recreation passes; and (2) issue passes to volunteers in exchange for significant volunteer services.
(Sec. 12) Sets forth provisions for the enforcement of payments of recreation fees.
(Sec. 13) Repeals specified superseded admission and use fee authorities.
(Sec. 14) Sets forth provisions concerning the relationship of this Act to other laws and fee collection authorities.
(Sec. 15) Bars fees collected under the authorities of this Act from being used for employee bonuses.
Title IX: Satellite Home Viewer Extension and Reauthorization Act of 2004 - Satellite Home Viewer Extension and Reauthorization Act of 2004 or the W. J. (Billy) Tauzin Satellite Television Act of 2004 - Title I: Statutory License for Satellite Carriers - (Sec. 101) Amends the Satellite Home Viewer Act of 1994 to extend the sunset date by an additional five years for statutory licensing provisions for the secondary transmission of a primary transmission of a broadcast station in compliance with Federal Communications Commission (FCC) regulations.
Amends Federal copyright law to extend for five years the existing grandfather clause permitting otherwise ineligible subscribers (grandfathered subscribers) to receive secondary transmissions of the signal of a network station outside of the subscribers local market (distant signal) if such subscribers do not receive a signal of a certain strength from the local network station affiliated with the same network.
(Sec. 102) Extends such statutory license to the secondary transmission by a satellite carrier in a State in which there is a single full-power network station, of the primary transmission of that station to any subscriber in a community within the State, but not within the first 50 major television markets as listed by FCC regulations.
Applies such statutory license to the secondary transmission by a satellite carrier in a State in which all network stations and superstations are assigned to one local market, of the primary transmission of any station located in the State capital to any subscriber located in a community within that State and within the first 50 major television markets.
Extends such statutory license to the secondary transmission by a satellite carrier of a primary transmission of any network station in a State to any subscriber if: (1) the subscriber is located in one of four counties in local markets principally comprised of counties in another State as of January 1, 2004; (2) such counties had a combined total of 41,340 households, according to U.S. Television Household Estimates by Nielsen Media Research for 2004; and (3) the satellite carrier was making such secondary transmission on January 1, 2004.
Applies such statutory license to the retransmission by a satellite carrier of the primary transmission of any network station in the capital of a State to subscribers in two adjacent counties within the State if such counties are in a local market comprised principally of counties located in another State, the two counties are located in a local market that is in the top 100 markets for the year 2003, and the total number of television households in the two counties combined did not exceed 10,000 for 2003.
Applies the royalty rates for secondary transmissions to unserved households to the additional statutory licenses created under this Act.
Requires a satellite carrier to submit to the network that owns or is affiliated with a network station: (1) an initial list of unserved households receiving secondary transmissions of primary transmissions of that station; (2) monthly lists of subscribers in such households who have been added or dropped by the satellite carrier; and (3) additional initial and monthly lists of subscribers in households receiving such retransmission because the network station is significantly viewed in that community.
Extends such statutory license to the secondary transmission by a satellite carrier of the primary transmission of a network station or superstation to a subscriber who: (1) is receiving the secondary transmission of a primary transmission of local stations (local signal); and (2) resides outside the local market of the station but within a community in which that station is determined by the FCC to be significantly viewed according to the regulations in effect on April 15, 1976.
Allows a subscriber to request a waiver from a network station in the local market affiliated with the same network if the satellite carrier refuses to retransmit the distant signal of a significantly viewed network station because the subscriber is not receiving any local signal. Deems the network station to have agreed to the request if the station does not act within 30 days. Specifies that waivers provided under the unserved household provisions of the Communications Act of 1934 to subscribers who are not eligible to receive retransmissions of local signals from network stations are not considered waivers under this Act. Terminates the authority to grant waivers, and any waivers in effect, on December 31, 2008.
(Sec. 103) Applies such statutory license to the retransmission by a satellite carrier of the distant analog signal of a network station to a grandfathered subscriber where a local analog signal of that station is available if such subscriber is receiving the distant analog signal as of October 1, 2004, but only until the subscriber elects to receive the local analog signal. Requires the satellite carrier to provide notice to the subscriber of the availability of the local analog signal and requires the subscriber to elect to retain such distant analog signal. Directs the satellite carrier to submit to the network station a list aggregated by designated market area that identifies the subscriber, specifies the distant analog signal received, and states that the subscriber is eligible to receive such distant analog signals (required list and statement). Provides that such statutory license does not apply to secondary transmissions to grandfathered subscribers that are not receiving distant analog signals as of October 1, 2004.
Applies such statutory license to the retransmission by a satellite carrier of the distant analog signal to a subscriber in an unserved household if, as of January 1, 2005: (1) a local analog signal affiliated with the same network is available, and the satellite carrier submits a list to the television network by March 1, 2005, that identifies the subscriber and specifies the distant analog signals received by the subscriber; or (2) a local analog signal is not available at the time the subscriber requests retransmission of the distant analog signal and the satellite carrier submits a list to each television network within 60 days of offering such a local analog signal that identifies each subscriber in the local market and specifies the distant analog signals received by the subscriber.
Provides that such statutory license does not apply to retransmissions of the distant signal to a subscriber who is not lawfully receiving distant signals on the date of enactment of this Act and who is in a community in which the satellite carrier makes available the local signal affiliated with the same network before the subscriber seeks to receive such distant signals and such local signals can reach the subscriber.
Extends such statutory license to the secondary transmission of the primary digital transmission of a network station by a satellite carrier to a subscriber if such transmission is permitted by this Act.
Allows a subscriber who has been denied a distant signal due to the availability of a local signal affiliated with the same network to request a waiver from a network station. Provides that a waiver granted before enactment of this Act under the unserved household provisions of the Communications Act of 1934 does not constitute such a waiver.
Provides that a local signal shall be considered to be made available to a subscriber if the satellite carrier offers that local signal to any subscriber within the same zip code.
Allows a subscriber who has been denied the distant signal of a network station under the unserved household provisions to request a waiver from the network station that is asserting that the secondary transmission is prohibited. Deems the station to have agreed with such waiver request if it fails to act within 30 days. Provides that a waiver granted before enactment of this Act under the unserved household provisions of the Communications Act of 1934 does constitute such a waiver.
Requires the royalty fee due from a satellite carrier for retransmissions of a network station to be computed by multiplying the total number of subscribers receiving each retransmission of each superstation or network station during each calendar month by the appropriate rate in effect under this Act.
Provides that a satellite carrier shall have no royalty obligation for secondary transmissions of the distant signal of a significantly viewed station to a subscriber under this Act.
Requires the Librarian of Congress to publish in the Federal Register on or before January 2, 2005, notice of the initiation of voluntary negotiation proceedings to determine a reasonable royalty fee to be paid by satellite carriers for retransmissions of network stations or superstations.
Allows parties who have reached a voluntary agreement on royalty fees to request that such fees be applied to all satellite carriers, distributors, and copyright owners without arbitration. Requires the Librarian of Congress to: (1) adopt such royalty fees unless a party with an intent to participate in arbitration proceedings and a significant interest in the outcome objects; or (2) publish on or before May 1, 2005, notice of the initiation of arbitration proceedings to determine a reasonable royalty fee for retransmissions by satellite carriers and distributors.
Requires the copyright arbitration royalty panel, absent a voluntary agreement applicable to all satellite carriers, distributors and copyright owners, to establish royalty fees that most clearly represent the fair market value of such transmissions, except that the Librarian of Congress and the panel must adjust those fees to account for the obligations of the parties under any voluntary agreement filed with the Copyright Office.
Provides that the process and requirement for establishing a royalty fee for digital signals is the same as that for establishing a fee for analog signals, except that for digital signals: (1) the fees are reduced by 22.5 percent; (2) the notice of arbitration proceeding must be published on or before December 31, 2005; and (3) such fees must be adjusted by the Librarian of Congress on January 1, 2007, and annually thereafter, to reflect any changes in the Consumer Price Index.
(Sec. 104) Extends such statutory license to retransmissions by a satellite carrier of the signals of a low power television station to a subscriber who resides within the same local market. Sets forth geographic limitations for such secondary transmissions. Excludes from such statutory licensing retransmissions from low power television stations that retransmit the programs and signals of another television station for more than two hours each day. Prescribes when royalty fees are due for such secondary transmissions of low power television stations. Limits such secondary transmissions of low power television stations to only those subscribers also receiving retransmissions of local signals.
(Sec. 106) Provides that nothing in this Act shall modify any remedy imposed on a party by a judgment of a court in any action brought before May 1, 2004, for a violation of law regarding statutory licensing for retransmissions of superstations and network stations.
(Sec. 107) Extends such statutory license to the secondary transmissions by a satellite carrier of a superstation for viewing in a commercial establishment, including bars, restaurants, fitness clubs or any other establishment with a common business area.
(Sec. 108) Requires the Department of Justice to respond within 90 days to a request by two or more satellite carriers for a business review letter to assess the legality under antitrust laws of proposed business conduct to make or carry out an agreement to provide retransmissions of local signals to subscribers in a market in which there is currently no satellite carrier offering such retransmissions.
(Sec. 109) Requires the Register of Copyright to submit a report to the relevant congressional committees by June 30, 2008, on the operation and revision of the statutory licenses for secondary transmissions of distant and local signals, including: (1) a comparison of the royalties paid by licensees; (2) an analysis of the differences in the terms and conditions of the various licenses, whether these differences are justified by historical, technological, or regulatory differences that affect the satellite and cable industries, and whether either the cable or satellite industry is placed in a competitive disadvantage due to these terms and conditions; (3) an analysis of whether the licenses are still justified by the bases upon which they were originally created; (4) an analysis of whether savings on royalties and fees are passed on to cable and satellite subscribers; and (5) an analysis of the issues that may arise with respect to the applicability of the licenses to digital signals.
(Sec. 110) Requires the Register of Copyrights to report to the relevant congressional committees by December 31, 2005, on the extent to which: (1) the unserved household limitations for network stations have efficiently and effectively protected copyright owners of over-the-air television programming; and (2) retransmissions of network stations and superstations harm copyright owners of broadcast programming throughout the United States and the effect of the statutory license provided to retransmission of local signals in reducing such harm.
(Sec. 111) Provides that the statutory license otherwise provided for in this Act does not apply to secondary transmissions of distant signals outside of Alaska to any subscriber in that State to whom the local signal affiliated with the same network is made available by the satellite carrier, except that a subscriber may receive digital signals if no stations licensed to a community in the State and affiliated with the same network make primary transmissions of a digital signal.
Deems any area in Alaska that is outside of a designated market area to be part of one of the local markets. Allows a satellite carrier to determine in which local market to place each subscriber in such an area.
Title II: Federal Communications Commission Operations - (Sec. 201) Amends the Communications Act of 1934 to extend until December 31, 2009, the exemption that allows a cable system or multichannel video programing distributor to retransmit signals of network stations directly to a home satellite antenna without the express authority of the originating station if the subscriber receiving the signal is outside the local market of such stations and resides in an unserved household.
(Sec. 202) Allows a satellite carrier to retransmit to subscribers located in a community, in addition to the local and distant broadcast signals that subscribers may otherwise receive, distant signals of a station determined by the FCC to be significantly viewed in that community.
Limits retransmissions of the analog signal of a significantly viewed television broadcast station to those subscribers who also receive retransmissions of local analog signals.
Limits retransmissions of the digital signal of a significantly viewed network station to subscribers who also receive retransmissions of local digital signals, but only if: (1) the retransmission of the local network station occupies at least the equivalent bandwidth as the distant digital signal; or (2) the retransmission of the local network station carries the entire bandwidth of the local digital signal.
Provides that these limitations do not apply to a subscriber in a local market in which there are no local stations affiliated with the same television network as the significantly viewed station whose signal is being transmitted.
Allows a satellite carrier to retransmit a significantly viewed network station if and to the extent that the local affiliate of the same network has waived the requirements that a subscriber must also be receiving the local signal.
Requires the FCC to: (1) publish a list of stations and communities eligible for retransmissions under the significantly viewed provisions of this Act; (2) adopt rules to implement such provisions; (3) publish and update such list on the FCC website; and (4) permit a satellite carrier to petition for decisions and orders by which stations and communities may be added to those that are eligible for retransmissions of the signals of significantly viewed stations and by which network nonduplication or syndicated exclusivity regulations are applied to such retransmissions.
Provides that carriage of a signal of a significantly viewed station is not mandatory and has no affect on the right of a station to be carried into the local market.
Provides that FCC rules concerning network nonduplication and syndicated exclusivity do not apply to significantly viewed signals under this Act unless the FCC determines otherwise. Prohibits the application of network nonduplication or syndicated exclusivity regulations to the retransmission of distant signals of network stations to unserved households.
Sets forth provisions regarding violations of this Act by satellite carriers, including enforcement through cease-and-desist orders and damage awards.
Directs a satellite carrier to provide written notice to the affiliated local station 60 days in advance of commencing retransmission of a significantly viewed station and to designate on the carrier's website all significantly viewed stations retransmitted and the communities receiving such signals.
Requires the FCC to allow a television broadcast station that is being retransmitted into the local market by a satellite carrier, which is also planning to retransmit or is transmitting the signals of a significantly viewed station affiliated with the same network, to elect between retransmission consent and mandatory carriage for each county within such station's local market. Directs: (1) the FCC to require any such station to conduct a unified negotiation for the entire portion of its local market for which retransmission pursuant to consent is elected; and (2) the satellite carrier to provide notice to the station of which significantly viewed signals it reserves the right to retransmit during the next year.
(Sec. 203) Requires a satellite carrier to transmit all local analog signals retransmitted by that carrier within a local market by means of a single reception antenna and associated equipment within 18 months of enactment of this Act. Allows the satellite carrier to transmit digital signals by means of a separate antenna, but requires all local digital signals to be transmitted by means of a single reception antenna. Requires such satellite carrier to provide notice to subscribers and licensees for local stations of: (1) any reallocation of signals between different antennas that the carrier intends to make; (2) the need for subscribers to obtain an additional antenna; and (3) any cessation of carriage or other material change in the carriage of signals as a consequence of these requirements.
Provides that: (1) a low power television station is not entitled to mandatory carriage under the Communications Act of 1934, regardless of whether the satellite carrier transmits the signal of other local stations; and (2) such low power stations will not be considered in the application of nonduplication provisions.
(Sec. 204) Allows a grandfathered subscriber to receive secondary transmissions of the distant analog signal of a network station where a local analog signal affiliated with the same network is available if such subscriber elects to retain the distant analog signal within 60 days of receiving notice of the availability of the local analog signal, but only until such time as the subscriber elects to receive the local signal. Requires the satellite carrier to submit to the television network the required list and statement.
Prohibits a satellite carrier from retransmitting a distant analog signal of a network station to a grandfathered subscriber who was not receiving such a signal from a station affiliated with the same network as of October 1, 2004.
Allows a subscriber in an unserved household where a local analog signal is available by January 1, 2005, to receive a distant analog signal from a station affiliated with the same network if the satellite carrier submits to the television network the required list and statement.
Allows a subscriber in an unserved household where a local analog signal is not available by January 1, 2005, to receive a distant analog signal affiliated with the same network if the subscriber seeks to subscribe to such distant signal before the carrier offers the local analog signal and the carrier submits the required list and statement.
Prohibits a satellite carrier from providing a distant analog signal to a subscriber: (1) not lawfully receiving the distant analog signal as of the date of enactment of this Act; (2) residing in a community where the local analog signal of the affiliated station is available by the time the person seeks to receive the distant analog signal; and (3) the local analog signal can reach such subscriber.
Provides that a subscriber is eligible to receive a distant digital signal of a station affiliated with a local station if the subscriber: (1) is located in an area outside the predicted coverage area of the analog signal of the affiliated local station; (2) is in an unserved household; (3) is otherwise determined to be unable to receive a digital signal of the local station that exceeds the signal intensity standard.
Allows a lawful subscriber of a distant digital signal as of the date of enactment of this Act to continue to receive such signal, whether or not the subscriber elects to receive the local digital signal affiliated with the same network.
Allows a satellite carrier to transmit a distant digital signal to subscribers after the satellite carrier has made the local digital signal affiliated with the same network available, if: (1) the distant digital signal is the secondary transmission of a station whose prime time network programming is generally broadcast simultaneously with, or later than, the local affiliate of the same network; (2) the retransmission of the distant digital signal occupies at least the equivalent bandwidth as the digital signal broadcast; and (3) the subscriber subscribes to the analog signal of the local station within 60 days after such signal is made available by the satellite carrier and adds to or replaces such local analog signal within 60 days after the local digital signal is made available, except that the distant digital signal may continue to be provided to a subscriber who cannot be reached by the satellite transmission of the local digital signal.
Prohibits a satellite carrier from offering the distant digital signal of a station to a new subscriber to the distant digital service once the carrier makes available the local digital signal affiliated with the same network unless such subscriber cannot be reached by the satellite transmission of the local digital signal.
Allows a satellite carrier to offer the distant digital signal of a network station to subscribers if such carrier does not make available the local digital signal of the affiliated station and the distant digital signal is the secondary transmission of a station whose prime time network programming is generally broadcast simultaneously with, or later than, the local affiliate of the same network, except such subscriber may continue to receive the distant digital signal if such subscriber also receives the local digital signal. Exempts subscribers that cannot be reached by the satellite transmission of the local digital signal from that requirement.
Provides that a subscriber is eligible to receive a distant digital signal if such subscriber is determined not to be able to receive a signal that exceeds the specified signal intensity standard from the local station affiliated with the same network. Details requirements for: (1) testing for receipt of digital service; and (2) the allocation of cost.
Sets forth time frames when such subscribers will be eligible to receive distant digital signals based on the local network station affiliated with the same network, including when such local station is a translator station.
Allows the FCC to grant a waiver to delay digital strength testing and to prohibit subscribers from receiving such testing with respect to a station based on clear and convincing evidence that the station's digital signal coverage is limited due to the unremediable presence of specified problems. Allows the FCC to grant a waiver to a translator station if such station is not broadcasting a digital signal due to the frequent occurrence of bad weather or mountainous terrain at the transmitter tower station.
Allows a satellite carrier to provide a distant digital or analog signal of a television station if the local station affiliated with the same network has granted a waiver to the satellite carrier with respect to the retransmission of such distant signal to the subscriber.
Requires a satellite carrier that provides a distant digital signal to grandfathered subscribers or unserved households to submit to each network within 60 days the following required list and statement: (1) a list, aggregated by designated market area, identifying each subscriber provided such a signal; and (2) a statement that the subscriber is qualified to receive the distant network signal.
Requires a satellite carrier who is transmitting a distant signal and who begins retransmission of the local signal affiliated with the same network to submit the required list and statement to the network within 60 days.
Requires the FCC to report to the relevant congressional committees, for purposes of identifying if a household is unserved by an adequate digital signal, on whether Federal statutes and regulations relating to the digital strength standard or the testing procedures should be revised to take into account the types of antennas that are available to consumers.
(Sec. 205) Requires a satellite carrier that offers a distant signal to a grandfathered subscriber to: (1) notify such subscribers within the later of 60 days after the local signal affiliated with the same network is available or 60 days after enactment of this Act that a local signal is available; (2) offer to substitute the local signal for the distant signal; (3) inform the subscriber that failure to respond within 60 days will result in the loss of the distant signal; and (4) switch the subscriber to the local signal if such subscriber elects a switch or fails to respond.
Requires the FCC to revise the regulations relating to notice to television broadcast stations of a satellite carrier's intention to commence carriage of signals of that station to the local market. Requires a satellite carrier that proposes to commence the retransmission of the signal of a significantly viewed station to give any local television broadcast station 60 days notice.
(Sec. 206) Requires a satellite carrier to notify a subscriber at the time of entering an agreement, and annually thereafter, in a separate written statement which clearly and conspicuously informs the subscriber of: (1) the nature of personally identifiable information to be collected and its use; (2) the nature, frequency and purpose of any disclosure which may be made of such information; (3) the period such information will be maintained by the satellite carrier; (4) the time and place at which the subscriber may have access to such information; and (5) the limitations provided by this Act and the subscribers right to enforce such limitations.
Prohibits a satellite carrier from using any of its facilities to collect a subscriber's personally identifiable information without the prior consent of the subscriber, but allows the satellite carrier to collect such information to: (1) render a service to the subscriber; or (2) detect unauthorized reception of satellite communications.
Prohibits the unauthorized disclosure of personally identifiable subscriber information. Requires a satellite carrier to prevent unauthorized access to such information. Allows a satellite carrier to disclose such information: (1) if necessary to render or conduct a legitimate business activity related to a service provided; (2) pursuant to a court order if the subscriber is notified; (3) to any satellite or other service, with specified limitations; or (4) to an authorized government entity, except that such information may not include records revealing satellite subscriber selection of video programming.
Requires the satellite carrier to: (1) provide a subscriber access to all personally identifiable information about the subscriber collected and maintained by the carrier; (2) give such subscriber an opportunity to correct such information; and (3) destroy such information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to it.
Sets forth penalties for violations of this section, including punitive damages and attorney's fees.
(Sec. 207) Prohibits, until January 1, 2010, a multichannel video programming distributor from failing to negotiate in good faith for retransmission consent. Provides that it is not a failure to negotiate in good faith if the distributor enters into retransmission consent agreements containing different terms and conditions with different broadcast stations based on competitive marketplace considerations.
(Sec. 208) Requires the FCC to report to the relevant congressional committees on the impact on competition in the multichannel video programming distribution market of the current retransmission consent, network nonduplication, syndicated exclusivity, and sports blackout rules, including the impact of those rules on the ability of rural cable operators to compete with the direct broadcast satellite industry in the provision of digital broadcast television signals to subscribers.
(Sec. 209) Requires the FCC to exempt requests for a signal intensity test by a subscriber eligible to receive retransmissions of local signals from the requirement to verify the signal by means of an independent test. Allows a subscriber in a local market in which the satellite carrier does not offer local signals to conduct a signal intensity test by an approved tester at the subscriber's own expense.
(Sec. 210) Requires a satellite carrier that offers multichannel video programming distribution service in the United States to more than 5 million subscribers: (1) within one year, to retransmit the analog signal of each television broadcast station located in any local market within a State that is not part of the contiguous United States; and (2) within 30 months, to retransmit digital signals of each such station. Requires that: (1) retransmission of such stations be made available to substantially all of the satellite carrier's subscribers in each station's local market; and (2) the retransmissions of the stations in at least one market in the State be made available to substantially all of the satellite carrier's subscribers in areas of that State that are not within a designated market area. Provides that the cost to subscribers of such retransmissions shall not exceed the cost of retransmissions of local television stations in other States. Requires the FCC to promulgate regulations concerning the elections by television stations in such State between mandatory carriage and retransmission consent, which shall take into account the schedule on which local television stations are made available to viewers in such State.
(Sec. 211) Allows a satellite carrier to retransmit to subscribers in an eligible county in a State: (1) any television broadcast stations in that State that any cable operator or satellite carrier was retransmitting to subscribers in the county on January 1, 2004; or (2) up to two television broadcast stations located in the State if the number of television broadcast stations under clause (1) is less than three. Defines an "eligible county" to mean any one of four counties that: (1) are in a single State; (2) were each in designated market areas in which the majority of counties were located in another State or States on January 1, 2004; and (3) as a group had a combined total of 41,340 television households for 2003-2004.
(Sec. 212) Provides that nothing in this Act shall be construed to impair the FCC's authority, or require the FCC, to take any action with respect to the transition by television broadcasters to the digital television service.
(Sec. 213) Allows any broadcast license holder to broadcast to an area of Alaska that otherwise does not have access to over the air broadcasts via translator, microwave, or alternative signal delivery, even if another broadcast licensee begins broadcasting to such area. Allows a broadcast license holder who has broadcast to an area of Alaska that did not have access to over the air broadcasts to continue providing such service, even if another broadcast licensee begins broadcasting to such area, without being subject to fines or any other penalty related to providing such service. Reinstates any broadcast license revoked or terminated in Alaska in a proceeding related to broadcasting via translator, microwave or other alternative signal delivery.
Title X: Snake River Water Rights Act of 2004 - Snake River Water Rights Act of 2004 - (Sec. 4) Approves, ratifies, and confirms the Mediator's Term Sheet dated April 20, 2004 (the Agreement) to resolve the Snake River Basin Adjudication litigation involving the United States, the Nez Perce Tribe (the Tribe), and the State of Idaho. Requires the Secretary of the Interior and the heads of other Federal agencies to execute and perform all actions that are necessary to carry out the Agreement.
(Sec. 5) Directs the Secretary of the Interior to take necessary actions consistent with the Agreement, this Act, and water law of the State to carry out the Snake River Flow Component of the Agreement.
Authorizes appropriations to the Secretary for a one-time payment to local governments to mitigate for the change of use of water acquired by the Bureau of Reclamation under the Component.
(Sec. 6) Requires the Secretary to transfer land selected by the Tribe to the Bureau of Indian Affairs to be held in trust for the Tribe.
Authorizes appropriations to the Secretary for a one-time payment to local governments to mitigate for such land transfer.
(Sec. 7) Provides that the consumptive use and the springs or fountains water rights shall be held in trust by the United States for the benefit of the Tribe. Requires the Tribe to enact a water code, to be approved by the Secretary, that: (1) manages, regulates, and controls the consumptive use reserved water right so as to allocate water for irrigation, domestic, commercial, municipal, industrial, cultural, or other uses; (2) includes a due process system for the consideration and determination of any request by an allottee (who holds a beneficial real property interest in an Indian allotment located within the Nez Perce Reservation, and held in trust by the United States), or any successor in interest, 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 (3) includes a process to protect the interests of allottees when entering into any lease of entitlement water through a State water bank.
Prescribes requirements for water claims, including exhaustion of remedies, petition to the Secretary, and satisfaction of claims and entitlements.
Declares that the water rights, resources, and other benefits provided by this Act are a complete substitution 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 enactment of this Act.
Declares that the consumptive use reserved water right and the springs or fountains water right shall not be subject to loss by abandonment, forfeiture, or nonuse.
Authorizes the Tribe, subject to the water code but without further approval of the Secretary, to 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. Makes any funds accruing to the Tribe from such a lease the Tribe's property. Denies the United States any trust obligation or other obligation to monitor, administer, or account for any consideration received by the Tribe under any such lease.
(Sec. 8) Establishes: (1) the Nez Perce Tribe Water and Fisheries Fund for the Tribe to acquire land and water rights, restore or improve fish habitat, or for fish production, agricultural development, cultural preservation, water resource development, or fisheries-related projects; and (2) the Nez Perce Domestic Water Supply Fund to pay for the design and construction of water supply and sewer systems for tribal communities. Prescribes requirements for management and investment of the Funds by the Secretary.
Authorizes the Tribe to 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. States that such a plan shall require that the Tribe spend any amounts withdrawn from the Funds in accordance with the stated purposes of the Funds.
Authorizes the Secretary to take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that amounts withdrawn from the Funds under the plan are used in accordance with this Act and the Agreement.
Declares that, if the Tribe exercises the right to withdraw amounts from the Funds, neither the Secretary nor the Secretary of the Treasury shall retain any liability for their expenditure or investment.
Requires the Tribe to submit to the Secretary for approval an expenditure plan for any portion of appropriations made available that the Tribe does not withdraw.
Requires the Secretary to approve an expenditure plan upon receipt of it if the Secretary determines that it is reasonable and consistent with this Act and the Agreement.
Prohibits any per capita distribution to any member of the Tribe of any part of the principal of the Funds, or of the income accruing in them.
Authorizes appropriations for FY 2007 through 2013 for the Water and Fisheries Fund, and for FY 2007 through 2011 for the Domestic Water Supply Fund.
(Sec. 9) Establishes the Salmon and Clearwater River Basins Habitat Fund, consisting of the Nez Perce Tribe Salmon and Clearwater River Basins Habitat Account and the Idaho Salmon and Clearwater River Basins Habitat Account, to pay for habitat protection and restoration in the Salmon and Clearwater River basins.
States that the Fund shall be used to supplement amounts made available under any other law for habitat protection and restoration in the Salmon and Clearwater River Basins 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.
Exempts the use of the Fund from certain allocation procedures of the Endangered Species Act of 1973.
Authorizes appropriations to the two Accounts of the Fund for FY 2007 through 2011.
(Sec. 10) Declares that the United States, on behalf of the Tribe and the allottees, and the Tribe waive and release all claims: (1) to water rights within the Snake River Basin; (2) for injuries to such water rights; and (3) 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.
Declares that the United States, on behalf of the Tribe and the allottees, and the Tribe waive and release any claim against any party to the Agreement, 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.
Declares that 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 the supply of water from the Snake River Basin to satisfy the claim.
Directs the Tribe, in consideration of U.S. performance of all actions required by the Agreement and this Act, including the appropriation of all authorized funds, to execute a waiver and release of the United States from all claims: (1) 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 of waivers and releases under this Act; (2) for injuries to the Tribe's treaty fishing rights, to the extent that they result or resulted from reductions in the quantity of water available in the Snake River Basin; (3) of breach of trust for failure to protect Nez Perce springs or fountains treaty rights reserved in the Treaty of June 9, 1863; and (4) of breach of trust arising out of the negotiation of or resulting from the adoption of the Agreement.
Tolls all periods of limitation and time-based equitable defenses applicable to these claims for the period between the enactment of this Act and the earlier of: (1) the date on which the amounts authorized for the Funds established by this Act are appropriated; or (2) October 1, 2017.
Declares that the Tribe shall retain all rights not specifically waived or released in the Agreement or this Act.
States that nothing in the Agreement or this Act: (1) 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 this Act; or (2) precludes the Tribe or allottees, or the United States as their trustee, from purchasing or otherwise acquiring water rights in the future to the same extent as any other entity in the State.
(Sec. 11) Requires the heads of the Federal agencies involved in the operational Memorandum of Agreement referred to in the Agreement, in implementing the provisions of the Agreement and this Act relating to the use of water stored in Dworshak Reservoir for flow augmentation purposes, to implement a flow augmentation plan beneficial to fish and consistent with the Agreement.
Declares that nothing in this Act confers jurisdiction on any State court to: (1) enforce Federal environmental laws regarding the duties of the United States; or (2) conduct judicial review of a Federal agency action.
Division K: Small Business - Small Business Reauthorization and Manufacturing Assistance Act of 2004 - Title I: Small Business Reauthorization and Manufacturing - Subtitle A: Small Manufacturers Assistance - (Sec. 101) Amends the Small Business Act to limit the authority to make express loans (loans to small manufacturers in which a lender utilizes its own loan analyses, procedures, and documentation) to those lenders deemed qualified by the Small Business Administration (SBA). Limits to $350,000 the maximum express loan amount.
(Sec. 102) Directs the SBA to collect an additional loan guarantee fee, with respect to SBA-guaranteed business start-up loans, equal to 0.25 percent of any portion of the deferred participation share that is more than $1 million. Allows the SBA, with respect to such loans, to collect annually an amount sufficient to reduce to zero the cost of making such loan guarantees. Directs the SBA, if it determines that fees paid by lenders and small businesses for such loan guarantees may be reduced while still reducing to zero the SBA cost of such loans, to first consider reducing the fees paid by the small business borrowers.
(Sec. 103) Increases from $1 million to $1.5 million the amount authorized to be outstanding and committed to a borrower with respect to such loans.
(Sec. 104) Amends the Small Business Investment Act of 1958 to increase from $1 million to $1.5 million the maximum amount of a loan made to a State or local development company on behalf of an identifiable small business for startup costs. Provides new State or local development company loan authority of up to: (1) $2 million for each small business if the loan proceeds will be directed toward one or more enumerated public policy goals; and (2) $4 million for each project of a small manufacturer.
(Sec. 105) States that, with respect to SBA-guaranteed loans to State development companies for the creation or retention of jobs, a project will meet such objective if it creates or retains one job for every $50,000 guaranteed by the SBA, except that such amount shall be $100,000 in the case of a project of a small manufacturer, and $75,000 for projects in Alaska, Hawaii, State-designated empowerment zones and enterprise communities, labor surplus areas, and other areas as determined by the SBA Administrator. Authorizes the Administrator to waive any such requirement on a case-by-case basis.
(Sec. 106) Requires the Administrator to study and report to Congress on the feasibility of creating a national database of small manufacturers that institutions of higher education could access to meet procurement needs.
(Sec. 107) Revises provisions authorizing the SBA to guarantee loans to assist small businesses in an industry engaged in or adversely affected by international trade to: (1) permit such loans to be used to improve the business's competitive position; and (2) increase the amounts authorized to be outstanding and committed to a small business.
Subtitle B: Authorizations - Chapter 1: Program Authorization Levels and Additional Reauthorizations - (Sec. 121) Increases and extends through FY 2006 authorizations for various SBA loan programs administered under the Small Business Act and the Small Business Investment Act of 1958, including general small business loans and the disaster mitigation pilot program.
(Sec. 122) Reauthorizes and extends through FY 2006 the: (1) Paul D. Coverdell Drug-Free Workplace Program; and (2) small business development center (SBDC) program.
Chapter 2: Paul D. Coverdell Drug-Free Workplace Program Authorizations and Sundry Amendments - (Sec. 123) Authorizes appropriations for FY 2005 and 2006 for SBA technical assistance grants to eligible intermediaries for providing assistance to small businesses seeking to establish a drug-free workplace program. Authorizes two-year grants for providing such assistance in cooperation with one or more SBDCs. Includes drug-free community coalitions as eligible intermediaries. Requires the Administrator to provide technical assistance and information to each eligible intermediary regarding the most effective practices in establishing and carrying out such programs. Requires: (1) appropriate data collection and analysis by each eligible intermediary; (2) the Administrator to provide technical assistance to each eligible intermediary regarding the collection and analysis of information to evaluate the effectiveness of the program established; and (3) a report from the Administrator to Congress on program information collected.
Subtitle C: Administration Management - (Sec. 131) Empowers the Administrator to require any lender authorized to make an SBA-guaranteed loan to pay lender examination and review fees.
(Sec. 132) Authorizes the Administrator, for purposes of the Small Business Act, the Small Business Investment Act of 1958, and title IV of the Women's Business Ownership Act of 1988, to solicit, accept, and use gifts of cash, property, and services. Authorizes the Administrator to co-sponsor events for the benefit of small businesses. Prohibits SBA endorsements during such events. Authorizes the Administrator to charge an event participant a fee to cover costs of the activity. Terminates the authority of this section at the end of FY 2006.
Subtitle D: Entrepreneurial Development Programs - Chapter 1: Office of Entrepreneurial Development - (Sec. 141) Authorizes the Service Corps of Retired Executives (an SBA-founded group performing voluntary training and free counseling to small businesses) to manage gifts and contributions received to further its intended purpose.
(Sec. 142) Prohibits a SBDC from disclosing the name, address, or telephone number of any individual receiving assistance, unless the Administrator: (1) is so ordered by a court of law; or (2) considers such disclosure necessary for conducting a financial audit of a SBDC.
Chapter 2: Office of Veterans Business Development - (Sec. 143) Amends the Small Business Act and the Veterans Entrepreneurship and Small Business Development Act of 1999 to extend through FY 2006 the duties and authority of the Advisory Committee on Veterans Business Affairs.
(Sec. 144) Expands the current authority of the SBA to provide grants and enter into cooperative agreements for the establishment and implementation of outreach programs for disabled veterans to extend such authority to veterans and members of reserve components.
(Sec. 145) Authorizes appropriations for FY 2005 and 2006 for the Office of Veterans Business Development.
(Sec. 146) Deems the National Veterans Business Development Corporation a private entity and not a U.S. agency, authority, or instrumentality.
Chapter 3: Manufacturing and Entrepreneurial Development - (Sec. 147) Directs the Administrator to establish a Small Business Manufacturing Task Force to evaluate and identify whether SBA programs and services are sufficient to serve the needs of small manufacturers. Requires an annual findings report from the Task Force to the President and the congressional small business committees.
Subtitle E: HUBZone Program - (Sec. 151) Amends the HUBZone Program (a program of SBA loans to small businesses in historically underutilized business areas) to make eligible for the Program a small business that is at least 51 percent owned and controlled by U.S. citizens. Includes as authorized Program participants a small business that is: (1) a small agricultural cooperative organized or incorporated in the United States; (2) wholly owned by one or more of such cooperatives; or (3) owned in part by one or more of such cooperatives if all owners are small business owners or U.S. citizens.
(Sec. 152) Includes military base closure areas within the definition of a HUBZone for purposes of eligibility for contracting assistance. Treats a base closure area as a HUBZone for five years after the date of its closure. Revises unemployment rate requirements for nonmetropolitan counties' eligibility for HUBZone participation. Extends the period for which a census tract or nonmetropolitan area may be HUBZone-qualified. Requires the Independent Office of Advocacy of the SBA to: (1) conduct a study of the economic impact of the HUBZone Program on small business development and jobs creation; and (2) report study results to the small business committees.
(Sec. 153) Provides a price evaluation preference for HUBZone small businesses with respect to purchases of agricultural commodities by the Secretary of Agriculture for export through international food aid programs.
(Sec. 154) Extends through FY 2006 the authority of, and authorizations of appropriations for, the HUBZone Program.
(Sec. 155) Prohibits any small business that is certified by the SBA as a small disadvantaged business from being required to meet additional criteria or certification, unrelated to its capability to provide required 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) Empowers the Administrator with supervisory and enforcement authority over small business lending companies and non-federally regulated lenders authorized to participate in SBA loans. Allows the Administrator to issue capital directives mandating company and lender maintenance of certain capital standards. Authorizes civil actions for violations. Outlines procedures for the revocation or suspension of loan authority and for cease and desist orders with respect to a violating company or lender. Authorizes removal or suspension of a company or lender management official due to substantial violations of the requirements of this section, cease and desist orders, or fiduciary duty, or because of criminal charges or a conviction. Allows for judicial review of any such decision.
(Sec. 162) Defines "small business lending company" and "non-federally regulated SBA lender" for purposes of the Small Business Act.
Title II: Miscellaneous Amendments - (Sec. 201) Amends the Small Business Investment Act of 1958 to: (1) revise the definition of equity capital with respect to issuers of participating securities under SBA loans; (2) broaden the authority of small business lending companies to invest funds not needed for its operations; (3) revise SBA's authority to guarantee against loss from a surety; (4) require each surety to be audited at least every three years (currently, annually); (5) repeal the September 30, 2003, delimiting date of SBA authority to authorize sureties to issue, monitor, and service surety bonds; and (6) extend permanently (currently terminates on October 1, 2004) SBA authority to charge a fee for the guarantee of debentures issued by State and local development companies in connection with SBA-authorized loans.