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108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-792
_______________________________________________________________________
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR
OTHER PURPOSES
----------
CONFERENCE REPORT
TO ACCOMPANY
H.R. 4818
November 20 (legislative day, November 19), 2004.--Ordered to be
printed
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR
OTHER PURPOSES
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-792
_______________________________________________________________________
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR
OTHER PURPOSES
__________
CONFERENCE REPORT
TO ACCOMPANY
H.R. 4818
November 20 (legislative day, November 19), 2004.--Ordered to be
printed
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-792
======================================================================
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR
OTHER PURPOSES
_______
November 20 (legislative day of November 19), 2004.--Ordered to be
printed
_______
Mr. Young of Florida, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 4818]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4818) ``making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 2005, and for other purposes'', having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short Title
Sec. 2. Table of Contents
Sec. 3. References
Sec. 4. Statement of Appropriations
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions
Title VIII--Patent and Trademark Fees
Title IX--Oceans and Human Health Act
DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005
Title I--Department of Defense--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
Title VI--Reform of the Board of Directors of the Tennessee Valley
Authority
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2005
Title I--Export and Investment Assistance
Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
Title V--General Provisions
DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
Title I--Department of the Interior
Title II--Related Agencies
Title III--General Provisions
Title IV--Urgent Wildland Fire Suppression Activities
Title V--General Reduction
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005
Title I--Legislative Branch Appropriations
Title II--General Provisions
DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2005
Title I--Department of Transportation
Title II--Department of the Treasury
Title III--Executive Office of the President and Funds Appropriated to
the President
Title IV--Independent Agencies
Title V--General Provisions
Title VI--General Provisions
DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005
Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions
DIVISION J--OTHER MATTERS
Title I--Miscellaneous Provisions and Offsets
Title II--225th Anniversary of the American Revolution Commemoration Act
Title III--Rural Air Service Improvement Act of 2004
Title IV--L-1 Visa and H-1B Visa Reform Act
Title V--National Aviation Heritage Area Act
Title VI--Oil Region National Heritage Area Act
Title VII--Mississippi Gulf Coast National Heritage Area Act
Title VIII--Federal Lands Recreation Enhancement Act
Title IX--Satellite Home Viewer Extension and Reauthorization Act of
2004
Title X--Snake River Water Rights Act of 2004
DIVISION K--SMALL BUSINESS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2005.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,124,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.
Executive Operations
CHIEF ECONOMIST
For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis,
energy and new uses, and the functions of the World
Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), $10,317,000.
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division,
$14,331,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $8,228,000.
HOMELAND SECURITY STAFF
For necessary expenses of the Homeland Security Staff,
$775,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $16,595,000.
Common Computing Environment
For necessary expenses to acquire a Common Computing
Environment for the Natural Resources Conservation Service, the
Farm and Foreign Agricultural Service, and Rural Development
mission areas for information technology, systems, and
services, $125,585,000, to remain available until expended, for
the capital asset acquisition of shared information technology
systems, including services as authorized by 7 U.S.C. 6915-16
and 40 U.S.C. 1421-28: Provided, That obligation of these funds
shall be consistent with the Department of Agriculture Service
Center Modernization Plan of the county-based agencies, and
shall be with the concurrence of the Department's Chief
Information Officer.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,742,000: Provided, That the Chief Financial Officer
shall actively market and expand cross-servicing activities of
the National Finance Center: Provided further, That no funds
made available by this appropriation may be obligated for FAIR
Act or Circular A-76 activities until the Secretary has
submitted to the Committees on Appropriations of both Houses of
Congress and the Committee on Government Reform of the House of
Representatives a report on the Department's contracting out
policies, including agency budgets for contracting out.
Working Capital Fund
For the acquisition of disaster recovery and continuity of
operations technology of the National Finance Center's data,
$12,850,000, to remain available until expended.
Office of the Assistant Secretary for Civil Rights
For necessary salaries and expenses of the Office of the
Assistant Secretary for Civil Rights, $818,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$19,889,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration, $669,000.
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 486,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $163,870,000, to remain
available until expended: Provided, That not to exceed 5
percent of amounts which are made available for space rental
and related costs for the Department of Agriculture in this Act
may be transferred between such appropriations to cover the
costs of new or replacement space 15 days after notice thereof
is transmitted to the Appropriations Committees of both Houses
of Congress.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $15,532,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal
and non-Federal lands.
Departmental Administration
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $22,626,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and necessary
for the practical and efficient work of the Department:
Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C.
551-558.
Office of the Assistant Secretary for Congressional Relations
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the
Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,852,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level: Provided
further, That no funds made available by this appropriation may
be obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of
these funds by USDA agency: Provided further, That no other
funds appropriated to the Department by this Act shall be
available to the Department for support of activities of
congressional relations.
Office of Communications
For necessary expenses to carry out services relating to
the coordination of programs involving public affairs, for the
dissemination of agricultural information, and thecoordination
of information, work, and programs authorized by Congress in the
Department, $9,365,000: Provided, That not to exceed $2,000,000 may be
used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General, including employment pursuant to the Inspector General
Act of 1978, $78,289,000, including such sums as may be
necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $35,861,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the
Under Secretary for Research, Education and Economics to
administer the laws enacted by the Congress for the Economic
Research Service, the National Agricultural Statistics Service,
the Agricultural Research Service, and the Cooperative State
Research, Education, and Extension Service, $592,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and
other laws, $74,768,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, including crop and livestock estimates,
statistical coordination and improvements, marketing surveys,
and the Census of Agriculture, as authorized by 7 U.S.C. 1621-
1627 and 2204g, and other laws, $129,480,000, of which up to
$22,405,000 shall be available until expended for the Census of
Agriculture.
Agricultural Research Service
SALARIES AND EXPENSES
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,110,887,000: Provided,
That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided, the
cost of constructing any one building shall not exceed
$375,000, except for headhouses or greenhouses which shall each
be limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000 each,
and the cost of altering any one building during the fiscal
year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained
in this Act shall not apply to modernization or replacement of
existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by
law: Provided further, That all rights and title of the United
States in the 1.0664-acre parcel of land including
improvements, as recorded at Book 1320, Page 253, records of
Larimer County, State of Colorado, shall be conveyed to the
Board of Governors of the Colorado State University for the
benefit of Colorado State University.
None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing, or marketing of tobacco or tobacco products.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural research
programs of the Department of Agriculture, where not otherwise
provided, $187,838,000, to remain available until expended.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $660,781,000, as follows: to carry out the
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$180,148,000; for grants for cooperative forestry research (16
U.S.C. 582a through a-7), $22,384,000; for payments to the 1890
land-grant colleges, including Tuskegee University and West
Virginia State University (7 U.S.C. 3222), $37,000,000, of
which $1,507,496 shall be made available only for the purpose
of ensuring that each institution shall receive no less than
$1,000,000; for special grants for agricultural research (7
U.S.C. 450i(c)), $121,284,000; for special grants for
agricultural research on improved pest control (7 U.S.C.
450i(c)), $15,280,000; for competitive research grants (7
U.S.C. 450i(b)), $181,000,000; for the support of animal health
and disease programs (7 U.S.C. 3195), $5,098,000; for
supplemental and alternative crops and products (7 U.S.C.
3319d), $1,196,000; for grants for research pursuant to the
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
$1,111,000, to remain available until expended; for the 1994
research grants program for 1994 institutions pursuant to
section 536 of Public Law 103-382 (7 U.S.C. 301 note),
$1,087,000, to remain available until expended; for rangeland
research grants (7 U.S.C. 3333), $1,000,000; for higher
education graduate fellowship grants (7 U.S.C. 3152(b)(6)),
$3,000,000, to remain available until expended (7 U.S.C.
2209b); for higher education challenge grants (7 U.S.C.
3152(b)(1)), $5,500,000; for a higher education multicultural
scholars program (7 U.S.C. 3152(b)(5)), $998,000, to remain
available until expended (7 U.S.C. 2209b); for an education
grants program for Hispanic-serving Institutions (7 U.S.C.
3241), $5,645,000; for noncompetitive grants for the purpose of
carrying out all provisions of 7 U.S.C. 3242 (section 759 of
Public Law 106-78) to individual eligible institutions or
consortia of eligible institutions in Alaska and in Hawaii,
with funds awarded equally to each of the States of Alaska and
Hawaii, $3,500,000; for a secondary agriculture education
program and 2-year post-secondary education (7 U.S.C. 3152(j)),
$1,000,000; for aquaculture grants (7 U.S.C. 3322), $4,000,000;
for sustainable agriculture research and education (7 U.S.C.
5811), $12,500,000; for a program of capacity building grants
(7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328),
including Tuskegee University and West Virginia State
University, $12,411,000, to remain available until expended (7
U.S.C. 2209b); for payments to the 1994 Institutions pursuant
to section 534(a)(1) of Public Law 103-382, $2,250,000; for
resident instruction grants for insular areas under section
1491 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3363), $500,000; and for
necessary expenses of Research and Education Activities,
$42,889,000.
None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing, or marketing of tobacco or tobacco products:
Provided, That this paragraph shall not apply to research on
the medical, biotechnological, food, and industrial uses of
tobacco.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$12,000,000.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas,
and American Samoa, $449,225,000, as follows: payments for
cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under
section 208(c) of Public Law 93-471, for retirement and
employees' compensation costs for extension agents,
$277,742,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,273,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$58,909,000; payments for the pest management program under
section 3(d) of the Act, $10,000,000; payments for the farm
safety program under section 3(d) of the Act, $4,600,000;
payments to upgrade research, extension, and teaching
facilities at the 1890 land-grant colleges, including Tuskegee
University and West Virginia State University, as authorized by
section 1447 of Public Law 95-113 (7 U.S.C. 3222b),
$16,912,000, to remain available until expended; payments for
youth-at-risk programs under section 3(d) of the Smith-Lever
Act, $7,538,000; for youth farm safety education and
certification extension grants, to be awarded competitively
under section 3(d) of the Act, $444,000; payments for carrying
out the provisions of the Renewable Resources Extension Act of
1978 (16 U.S.C. 1671 et seq.), $4,093,000; payments for Indian
reservation agents under section 3(d) of the Smith-Lever Act,
$1,774,000; payments for sustainable agriculture programs under
section 3(d) of the Act, $4,100,000; payments for rural health
and safety education as authorized by section 502(i) of Public
Law 92-419 (7 U.S.C. 2662(i)), $1,981,000; payments for
cooperative extension work by the colleges receiving the
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328)
and Tuskegee University and West Virginia State University,
$33,133,000, of which $1,724,884 shall be made available only
for the purpose of ensuring that each institution shall receive
no less than $1,000,000; for grants to youth organizations
pursuant to section 7630 of title 7, United States Code,
$2,667,000; and for necessary expenses of Extension Activities,
$22,059,000.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$55,153,000, as follows: for competitive grants programs
authorized under section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$43,058,000, including $12,971,000 for the water quality
program, $14,967,000 for the food safety program, $4,200,000
for the regional pest management centers program, $4,500,000
for the Food Quality Protection Act risk mitigation program for
major food crop systems, $1,400,000 for the crops affected by
Food Quality Protection Act implementation, $3,131,000 for the
methyl bromide transition program, and $1,889,000 for the
organic transition program; for a competitive
internationalscience and education grants program authorized under
section 1459A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain available until
expended, $1,000,000; for grants programs authorized under section
2(c)(1)(B) of Public Law 89-106, as amended, $750,000, to remain
available until September 30, 2006 for the critical issues program, and
$1,345,000 for the regional rural development centers program; and
$9,000,000 for the homeland security program authorized under section
1484 of the National Agricultural Research, Extension, and Teaching Act
of 1977, to remain available until September 30, 2006.
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $5,935,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the
Under Secretary for Marketing and Regulatory Programs to
administer programs under the laws enacted by the Congress for
the Animal and Plant Health Inspection Service; the
Agricultural Marketing Service; and the Grain Inspection,
Packers and Stockyards Administration; $721,000.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; and to protect the environment, as authorized by
law, $814,623,000, of which $4,119,000 shall be available for
the control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds to the
extent necessary to meet emergency conditions; of which
$47,500,000 shall be used for the boll weevil eradication
program for cost share purposes or for debt retirement for
active eradication zones; of which $33,197,000 shall be
available for a National Animal Identification program:
Provided, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four,
of which two shall be for replacement only: Provided further,
That, in addition, in emergencies which threaten any segment of
the agricultural production industry of this country, the
Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department
such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants,
and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751
and 7772), and any unexpended balances of funds transferred for
such emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7
U.S.C. 2250) for the repair and alteration of leased buildings
and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building: Provided further, That no funds shall be used to
implement a national animal identification system prior to
notification to the Committees on Appropriations which shall
include a detailed explanation of the components of such
system.
In fiscal year 2005, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance,
goods, or services provided to the entity by the agency, and
such fees shall be credited to this account, to remain
available until expended, without further appropriation, for
providing such assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
428a, $4,967,000, to remain available until expended.
Agricultural Marketing Service
MARKETING SERVICES
For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by law,
and for administration and coordination of payments to States,
$75,698,000, including funds for the wholesale market
development program for the design and development of wholesale
and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $64,459,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of August
8, 1956; (2) transfers otherwise provided in this Act; and (3)
not more than $15,800,000 for formulation and administration of
marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $3,847,000, of which not less
than $2,500,000 shall be used to make a grant under this
heading.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures used
to protect purchasers of farm products, and the standardization
activities related to grain under the Agricultural Marketing
Act of 1946, $37,299,000: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,463,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws enacted
by the Congress for the Food Safety and Inspection Service,
$595,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $50,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $823,760,000, of which no less than
$742,305,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this
account from fees collected for the cost of laboratory
accreditation as authorized by section 1327 of the Food,
Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That no fewer than 63 full time equivalent
positions above the fiscal year 2002 level shall be employed
during fiscal year 2005 for purposes dedicated solely to
inspections and enforcement related to the Humane Methods of
Slaughter Act: Provided further, That of the amount available
under this heading, notwithstanding section 704 of this Act,
$3,000,000, available until September 30, 2006, shall be
obligated to include the Humane Animal Tracking System as part
of the Field Automation and Information Management System
following notification to the Committees on Appropriations,
which shall include a detailed explanation of the components of
such system: Provided further, That of the total amount made
available under this heading, no less than $20,653,000 shall be
obligated for regulatory and scientific training: Provided
further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings
and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the
Under Secretary for Farm and Foreign Agricultural Services to
administer the laws enacted by Congress for the Farm Service
Agency, the Foreign Agricultural Service, the Risk Management
Agency, and the Commodity Credit Corporation, $631,000.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service
Agency, $1,007,597,000: Provided, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to make
program payments for all programs administered by the Agency:
Provided further, That other funds made available to the Agency
for authorized activities may be advanced to and merged with
this account.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$4,000,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, $100,000, to remain available
until expended: Provided, That such program is carried out by
the Secretary in the same manner as the dairy indemnity program
described in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387, 114 Stat. 1549A-12).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), and boll weevil loans (7
U.S.C. 1989), to be available from funds in the Agricultural
Credit Insurance Fund, as follows: farm ownership loans,
$1,610,000,000, of which $1,400,000,000 shall be for guaranteed
loans and $210,000,000 shall be for direct loans; operating
loans, $2,035,000,000, of which $1,100,000,000 shall be for
unsubsidized guaranteed loans, $285,000,000 shall be for
subsidized guaranteed loans and $650,000,000 shall be for
direct loans; Indian tribe land acquisition loans, $2,000,000;
and for boll weevil eradication program loans, $100,000,000:
Provided, That the Secretary shall deem the pink bollworm to be
a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 ofthe
Congressional Budget Act of 1974, as follows: farm ownership loans,
$18,655,000, of which $7,420,000 shall be for guaranteed loans, and
$11,235,000 shall be for direct loans; operating loans, $139,049,000,
of which $35,530,000 shall be for unsubsidized guaranteed loans,
$37,934,000 shall be for subsidized guaranteed loans, and $65,585,000
shall be for direct loans; and Indian tribe land acquisition loans,
$105,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $301,764,000, of
which $293,764,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6933), $72,044,000: Provided, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11):
Provided, That of the funds available to the Commodity Credit
Corporation under section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C 714i) for the conduct of its
business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management
activities of the Foreign Agricultural Service that are not
related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of section
107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42
U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the
Under Secretary for Natural Resources and Environment to
administer the laws enacted by the Congress for the Forest
Service and the Natural Resources Conservation Service,
$741,000.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of measures
to conserve soil and water (including farm irrigation and land
drainage and such special measures for soil and water
management as may be necessary to prevent floods and the
siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of
information; acquisition of lands, water, and interests therein
for use in the plant materials program by donation, exchange,
or purchase at a nominal cost not to exceed $100 pursuant to
the Act of August 3, 1956 (7 U.S.C. 428a); purchase and
erection or alteration or improvement of permanent and
temporary buildings; and operation and maintenance of aircraft,
$837,360,000, to remain available until June 30, 2006, of which
not less than $10,500,000 is for snow survey and water
forecasting, and not less than $14,433,000 is for operation and
establishment of the plant materials centers, and of which not
less than $23,500,000 shall be for the grazing lands
conservation initiative: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected on
non-Federal land, that the right to use such land is obtained
as provided in 7 U.S.C. 2250a: Provided further, That this
appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section
202(c) of title II of the Colorado River Basin Salinity Control
Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
qualified local engineers may be temporarily employed at per
diem rates to perform the technical planning work of the
Service: Provided further, That none of the funds made
available under this paragraph by this or any other
appropriations Act may be used to provide technical assistance
with respect to programs listed in section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)).
WATERSHED SURVEYS AND PLANNING
For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and
for small watershed investigations and planning, in accordance
with the Watershed Protection and Flood Prevention Act (16
U.S.C. 1001-1009), $7,083,000: Provided, That none of the funds
made available under this paragraph by this or any other
appropriations Act may be used to provide technical assistance
with respect to programs listed in section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)).
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations,
methods of cultivation, the growing of vegetation,
rehabilitation of existing works and changes in use of land, in
accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001-1005 and 1007-1009), the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance
with the provisions of laws relating to the activities of the
Department, $75,576,000, to remain available until expended; of
which up to $10,000,000 may be available for the watersheds
authorized under the Flood Control Act (33 U.S.C. 701 and 16
U.S.C. 1006a): Provided, That not to exceed $35,000,000 of this
appropriation shall be available for technical assistance:
Provided further, That not to exceed $1,000,000 of this
appropriation is available to carry out the purposes of the
Endangered Species Act of 1973 (Public Law 93-205), including
cooperative efforts as contemplated by that Act to relocate
endangered or threatened species to other suitable habitats as
may be necessary to expedite project construction: Provided
further, That none of the funds made available under this
paragraph by this or any other appropriations Act may be used
to provide technical assistance with respect to programs listed
in section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)).
WATERSHED REHABILITATION PROGRAM
For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012),
and in accordance with the provisions of laws relating to the
activities of the Department, $27,500,000, to remain available
until expended: Provided, That none of the funds made available
under this paragraph by this or any other appropriations Act
may be used to provide technical assistance with respect to
programs listed in section 1241(a) of the Food Security Act of
1985 (16 U.S.C. 3841(a)).
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of sections 31 and 32
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76
Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and
subtitle H of title XV of the Agriculture and Food Act of 1981
(16 U.S.C. 3451-3461), $51,641,000, to remain available until
expended: Provided, That none of the funds made available under
this paragraph by this or any other appropriations Act may be
used to provide technical assistance with respect to programs
listed in section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)): Provided further, That the Secretary shall
enter into a cooperative or contribution agreement with a
national association regarding a Resource Conservation and
Development program and such agreement shall contain the same
matching, contribution requirements, and funding level, set
forth in a similar cooperative or contribution agreement with a
national association in fiscal year 2002: Provided further,
That not to exceed $3,504,300 shall be available for national
headquarters activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the Rural
Utilities Service of the Department of Agriculture, $632,000.
RURAL COMMUNITY ADVANCEMENT PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932,
except for sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act, $716,049,000, to remain available
until expended, of which $89,180,000 shall be for rural
community programs described in section 381E(d)(1) of such Act;
of which $552,689,000 shall be for the rural utilities programs
described in sections 381E(d)(2), 306C(a)(2), and 306D of such
Act, of which not to exceed $500,000 shall be available for the
rural utilities program described in section 306(a)(2)(B) of
such Act, and of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306E of such Act; and of which $74,180,000 shall be for the
rural business and cooperative development programs described
in sections 381E(d)(3) and 310B(f) of such Act: Provided, That
of the total amount appropriated in this account, $25,000,000
shall be for loans and grants to benefit Federally Recognized
Native American Tribes, including grants for drinking water and
waste disposal systems pursuant to section 306C of such Act, of
which $4,500,000 shall be available for community facilities
grants to tribal colleges, as authorized by section 306(a)(19)
of the Consolidated Farm and Rural Development Act, and of
which $250,000 shall be available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That of the amount appropriated for rural
community programs, $6,350,000 shall be available for a Rural
Community Development Initiative: Provided further, That such
funds shall be used solely to develop the capacity and ability
of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake
projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified
private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical
assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources,
including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That of the
amount appropriated for the rural business and cooperative
development programs, not to exceed $500,000 shall be made
available for a grant to a qualified national organization to
provide technical assistance for rural transportation in order
to promote economic development; $1,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for any
purpose under this heading: Provided further, That of the
amount appropriated for rural utilities programs, not to exceed
$25,000,000 shall be for water and waste disposal systems to
benefit the Colonias along the United States/Mexico border,
including grants pursuant to section 306C of such Act; not to
exceed $26,000,000 shall be for water and waste disposal
systems for rural and native villages in Alaska pursuant to
section 306D of such Act, with up to 2 percent available to
administer the program and/or improve interagency coordination
may be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses'', of which $100,000
shall be provided to develop a regional system for centralized
billing, operation, and management of rural water and sewer
utilities through regional cooperatives, of which 25 percent
shall be provided for water and sewer projects in regional
hubs, and the State of Alaska shall provide a 25 percent cost
share, and grantees may use up to 5 percent of grant funds, not
to exceed $35,000 per community, for the completion of
comprehensive community safe water plans; not to exceed
$18,250,000 shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of such
Act, of which $5,600,000 shall be for Rural Community
Assistance Programs and not less than $800,000 shall be for a
qualified national Native American organization to provide
technical assistance for rural water systems for tribal
communities; and not to exceed $13,500,000 shall be for
contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water
systems: Provided further, That of the total amount
appropriated, not to exceed $22,166,000 shall be available
through June 30, 2005, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones; of which $1,081,000 shall be for the rural community
programs described in section 381E(d)(1) of such Act, of which
$12,582,000 shall be for the rural utilities programs described
in section 381E(d)(2) of such Act, and of which $8,503,000
shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided
further, That of the amount appropriated for rural community
programs, not to exceed $21,000,000 shall be to provide grants
for facilities in rural communities with extreme unemployment
and severe economic depression (Public Law 106-387), with 5
percent for administration and capacity building in the State
rural development offices: Provided further, That of the amount
appropriated, $28,000,000 shall be transferred to and merged
with the ``Rural Utilities Service, High Energy Cost Grants
Account'' to provide grants authorized under section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high cost energy
grants authorized by section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and
merged with the ``Rural Utilities Service, High Energy Costs
Grants Account''.
Rural Development Salaries and Expenses
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the
development and operation of agricultural cooperatives; and for
cooperative agreements; $148,452,000: Provided, That of funds
appropriated under this title for salaries and expenses, not
less than $5,000,000 shall be used to complete the
consolidation of Rural Development activities in St. Louis, to
the Goodfellow facility also in St. Louis: Provided further,
That notwithstanding any other provision of law, funds
appropriated under this section may be used for advertising and
promotional activities that support the Rural Development
mission area: Provided further, That not more than $10,000 may
be expended to provide modest nonmonetary awards to non-USDA
employees: Provided further, That any balances available from
prior years for the Rural Utilities Service, Rural Housing
Service, and the Rural Business-Cooperative Service salaries
and expenses accounts shall be transferred to and merged with
this appropriation.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $4,459,297,000 for loans to section
502 borrowers, as determined by the Secretary, of which
$1,150,000,000 shall be for direct loans, and of which
$3,309,297,000 shall be for unsubsidized guaranteed loans;
$35,000,000 for section 504 housing repair loans; $100,000,000
for section 515 rental housing; $100,000,000 for section 538
guaranteed multi-family housing loans; $5,045,000 for section
524 site loans; $11,501,000 for credit sales of acquired
property, of which up to $1,501,000 may be for multi-family
credit sales; and $10,000,000 for section 523 self-help housing
land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $166,778,000, of which $133,170,000 shall be for direct
loans, and of which $33,608,000, to remain available until
expended, shall be for unsubsidized guaranteed loans; section
504 housing repair loans, $10,171,000; section 515 rental
housing, $47,090,000; section 538 multi-family housing
guaranteed loans, $3,490,000; multi-family credit sales of
acquired property, $727,000: Provided, That of the total amount
appropriated in this paragraph, $7,100,000 shall be available
through June 30, 2005, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones: Provided further, That any funds under this paragraph
initially allocated by the Secretary for housing projects in
the State of Alaska that are not obligated by September 30,
2005, shall be carried over until September 30, 2006, and made
available for such housing projects only in the State of
Alaska.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $448,342,000,
which shall be transferred to and merged with the appropriation
for ``Rural Development, Salaries and Expenses''.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of
the Housing Act of 1949, $592,000,000; and, in addition, such
sums as may be necessary, as authorized by section 521(c) of
the Act, to liquidate debt incurred prior to fiscal year 1992
to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That of this amount, $5,900,000
shall be available for debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of
the Act, and not to exceed $20,000 per project for advances to
nonprofit organizations or public agencies to cover direct
costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided
further, That agreements entered into or renewed during the
current fiscal year shall be funded for a four-year period:
Provided further, That any unexpended balances remaining at the
end of such four-year agreements may be transferred and used
for the purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to
remain available until expended: Provided, That of the total
amount appropriated, $1,000,000 shall be available through June
30, 2005, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
RURAL HOUSING ASSISTANCE GRANTS
For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation for
construction defects, and rural housing preservation made by
the Rural Housing Service, as authorized by 42 U.S.C. 1474,
1479(c), 1490e, and 1490m, $43,992,000, to remain available
until expended: Provided, That $3,000,000 shall be made
available for loans to private non-profit organizations, or
such non-profit organizations' affiliate loan funds and State
housing finance agencies, to carry out a housing demonstration
program to provide revolving loans for the preservation of low-
income multi-family housing projects: Provided further, That
loans under such demonstration program shall have an interest
rate of not more than one percent direct loan to the recipient:
Provided further, That the Secretary may defer the interest and
principal payment to the Rural Housing Service for up to three
years and the term of such loans shall not exceed 30 years:
Provided further, That of the total amount appropriated,
$1,800,000 shall be available through June 30, 2005, for
authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
FARM LABOR PROGRAM ACCOUNT
For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $34,118,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.
Rural Business--Cooperative Service
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$34,213,000.
For the cost of direct loans, $15,868,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2005, for
Federally Recognized Native American Tribes and of which
$3,449,000 shall be available through June 30, 2005, for
Mississippi Delta Region counties (as determined in accordance
with Public Law 100-460): Provided, That of such amount made
available, the Secretary may provide up to $1,500,000 for the
Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided
further, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That of the total amount
appropriated, $2,447,000 shall be available through June 30,
2005, for the cost of direct loans for authorized empowerment
zones and enterprise communities and communities designated by
the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $4,316,000 shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $25,003,000.
For the cost of direct loans, including the cost of
modifying loans as defined in section 502 of the Congressional
Budget Act of 1974, $4,698,000, to remain available until
expended.
Of the funds derived from interest on the cushion of credit
payments in the current fiscal year, as authorized by section
313 of the Rural Electrification Act of 1936, $4,698,000 shall
not be obligated and $4,698,000 are rescinded.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $24,000,000, of which $2,500,000 shall be
for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$1,500,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to
small, minority producers and whose governing board and/or
membership is comprised of at least 75 percent minority; and of
which not to exceed $15,500,000, to remain available until
expended, shall be for value-added agricultural product market
development grants, as authorized by section 6401 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
For grants in connection with second and third rounds of
empowerment zones and enterprise communities, $12,500,000, to
remain available until expended, for designated rural
empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277): Provided, That of the funds
appropriated, $1,000,000 shall be made available to third round
empowerment zones, as authorized by the Community Renewal Tax
Relief Act (Public Law 106-554).
RENEWABLE ENERGY PROGRAM
For the cost of a program of direct loans, loan guarantees,
and grants, under the same terms and conditions as authorized
by section 9006 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8106), $23,000,000 for direct and guaranteed
renewable energy loans and grants: Provided, That the cost of
direct loans and loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
Rural Utilities Service
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$120,000,000; municipal rate rural electric loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $2,100,000,000; Treasury rate direct electric
loans, $1,000,000,000; guaranteed underwriting loans pursuant
to section 313A, $1,000,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; and for loans made
pursuant to section 306 of that Act, rural telecommunications
loans, $125,000,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
sections 305 and 306 of the Rural Electrification Act of 1936
(7 U.S.C. 935 and 936), as follows: cost of rural electric
loans, $5,058,000, and the cost of telecommunications loans,
$100,000: Provided, That notwithstanding section 305(d)(2) of
the Rural Electrification Act of 1936, borrower interest rates
may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,277,000 which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
RURAL TELEPHONE BANK PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such
corporation in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out its authorized
programs. During fiscal year 2005 and within the resources and
authority available, gross obligations for the principal amount
of direct loans shall be $175,000,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,152,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For the principal amount of direct distance learning and
telemedicine loans, $50,000,000; and for the principal amount
of direct broadband telecommunication loans, $550,000,000.
For the cost of direct loans and grants for telemedicine
and distance learning services in rural areas, as authorized by
7 U.S.C. 950aaa et seq., $35,710,000, to remain available until
expended, of which $710,000 shall be for direct loans:
Provided, That the cost of direct loans shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That $10,000,000 shall be made available to convert
analog to digital operation those noncommercial educational
television broadcast stations that serve rural areas and are
qualified for Community Service Grants by the Corporation for
Public Broadcasting under section 396(k) of the Communications
Act of 1934, including associated translators and repeaters,
regardless of the location of their main transmitter, studio-
to-transmitter links, and equipment to allow local control over
digital content and programming through the use of high-
definition broadcast, multi-casting and datacasting
technologies.
For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $11,715,000, to remain available until September
30, 2006: Provided, That the interest rate for such loans shall
be the cost of borrowing to the Department of the Treasury for
obligations of comparable maturity: Provided further, That the
cost of direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, $9,000,000, to remain available until
expended, for a grant program to finance broadband transmission
in rural areas eligible for Distance Learning and Telemedicine
Program benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the
Under Secretary for Food, Nutrition and Consumer Services to
administer the laws enacted by the Congress for the Food and
Nutrition Service, $595,000.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except
sections 17 and 21; $11,782,000,000, to remain available
through September 30, 2006, of which $6,629,038,000 is hereby
appropriated and $5,152,962,000 shall be derived by transfer
from fundsavailable under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c): Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That up to $5,235,000 shall be available for independent
verification of school food service claims.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$5,277,250,000, to remain available through September 30, 2006,
of which $125,000,000 shall be placed in reserve, to remain
available until expended, to be allocated as the Secretary
deems necessary, notwithstanding section 17(i) of such Act, to
support participation should cost or participation exceed
budget estimates: Provided, That of the total amount available,
the Secretary shall obligate not less than $15,000,000 for a
breastfeeding support initiative in addition to the activities
specified in section 17(h)(3)(A): Provided further, That
notwithstanding section 17(h)(10)(A) of such Act, $14,000,000
shall be available for the purposes specified in section
17(h)(10)(B): Provided further, That none of the funds made
available under this heading shall be used for studies and
evaluations: Provided further, That none of the funds in this
Act shall be available to pay administrative expenses of WIC
clinics except those that have an announced policy of
prohibiting smoking within the space used to carry out the
program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant
formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless
authorized by section 17 of such Act.
FOOD STAMP PROGRAM
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $35,154,554,000, of which $3,000,000,000
to remain available through September 30, 2006, shall be placed
in reserve for use only in such amounts and at such times as
may become necessary to carry out program operations: Provided,
That none of the funds made available under this heading shall
be used for studies and evaluations: Provided further, That of
the funds made available under this heading and not already
appropriated to the Food Distribution Program on Indian
Reservations (FDPIR) established under section 4(b) of the Food
Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000
shall be used to purchase bison meat for the FDPIR from Native
American bison producers as well as from producer-owned
cooperatives of bison ranchers: Provided further, That funds
provided herein shall be expended in accordance with section 16
of the Food Stamp Act: Provided further, That this
appropriation shall be subject to any work registration or
workfare requirements as may be required by law: Provided
further, That funds made available for Employment and Training
under this heading shall remain available until expended, as
authorized by section 16(h)(1) of the Food Stamp Act: Provided
further, That notwithstanding section 5(d) of the Food Stamp
Act of 1977, any additional payment received under chapter 5 of
title 37, United States Code, by a member of the United States
Armed Forces deployed to a designated combat zone shall be
excluded from household income for the duration of the member's
deployment if the additional pay is the result of deployment to
or while serving in a combat zone, and it was not received
immediately prior to serving in the combat zone.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the commodity supplemental food program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of
1983; and special assistance (in a form determined by the
Secretary of Agriculture) for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $178,797,000, to
remain available through September 30, 2006: Provided, That
none of these funds shall be available to reimburse the
Commodity Credit Corporation for commodities donated to the
program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal
year 2005 to support the Senior Farmers' Market Nutrition
Program, as authorized by section 4402 of Public Law 107-171,
such funds shall remain available through September 30, 2006.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the domestic
nutrition assistance programs funded under this Act,
$139,937,000, of which $5,000,000 shall be available only for
simplifying procedures, reducing overhead costs, tightening
regulations, improving food stamp benefit delivery, and
assisting in the prevention, identification, and prosecution of
fraud and other violations of law.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954
(7 U.S.C. 1761-1768), market development activities abroad, and
for enabling the Secretary to coordinate and integrate
activities of the Department in connection with foreign
agricultural work, including not to exceed $158,000 for
representation allowances and for expenses pursuant to section
8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$137,822,000: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United States
Agency for International Development.
PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of agreements under the
Agricultural Trade Development and Assistance Act of 1954, and
the Food for Progress Act of 1985, including the cost of
modifying credit arrangements under said Acts, $94,198,000, to
remain available until expended: Provided, That the Secretary
of Agriculture may implement a commodity monetization program
under existing provisions of the Food for Progress Act of 1985
to provide no less than $5,000,000 in local-currency funding
support for rural electrification development overseas.
In addition, for administrative expenses to carry out the
credit program of title I, Public Law 83-480, and the Food for
Progress Act of 1985, to the extent funds appropriated for
Public Law 83-480 are utilized, $4,034,000, of which $1,097,000
may be transferred to and merged with the appropriation for
``Foreign Agricultural Service, Salaries and Expenses'', and of
which $2,937,000 may be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS
(INCLUDING TRANSFER OF FUNDS)
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural
Trade Development and Assistance Act of 1954 and under the Food
for Progress Act of 1985, $22,723,000, to remain available
until expended: Provided, That funds made available for the
cost of agreements under title I of the Agricultural Trade
Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the
two accounts with prior notice to the Committees on
Appropriations of both Houses of Congress.
PUBLIC LAW 480 TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development and
Assistance Act of 1954, for commodities supplied in connection
with dispositions abroad under title II of said Act,
$1,182,501,000, to remain available until expended.
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and GSM
103, $4,423,000; to cover common overhead expenses as permitted
by section 11 of the Commodity Credit Corporation Charter Act
and in conformity with the Federal Credit Reform Act of 1990,
of which $3,421,000 may be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $1,002,000 may be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $87,500,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities
for the purpose of implementing such section, subject to
reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $1,788,478,000: Provided, That of the amount provided
under this heading, $284,394,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and
shall be credited to this account and remain available until
expended; $33,938,000 shall be derived from medical device user
fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; and
$8,354,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended: Provided further,
That fees derived from prescription drug, medical device, and
animal drug assessments received during fiscal year 2005,
including any such fees assessed prior to the current fiscal
year but credited during the current year, shall be subject to
the fiscal year 2005 limitation: Provided further, That none of
these funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1)
$439,038,000 shall be for the Center for Food Safety and
Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $498,647,000 shall be for the Center
for Drug Evaluation and Research and related field activities
in the Office of Regulatory Affairs; (3) $172,714,000 shall be
for the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs;
(4) $98,964,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs;(5) $235,078,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $40,530,000 shall be for the National Center
for Toxicological Research; (7) $57,722,000 shall be for Rent and
Related activities, other than the amounts paid to the General Services
Administration for rent; (8) $129,815,000 shall be for payments to the
General Services Administration for rent; and (9) $115,970,000 shall be
for other activities, including the Office of the Commissioner; the
Office of Management; the Office of External Relations; the Office of
Policy and Planning; and central services for these offices: Provided
further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available until
expended.
In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited to this account, to remain
available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $94,327,000, including not to exceed
$3,000 for official reception and representation expenses.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $42,350,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically
provided for, of not to exceed 388 passenger motor vehicles, of
which 388 shall be for replacement only, and for the hire of
such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Funds appropriated by this Act shall be available
for employment pursuant to the second sentence of section
706(a) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2225) and 5 U.S.C. 3109.
Sec. 704. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program,
emerging plant pests, boll weevil program, low pathogen avian
influenza program, up to $33,197,000 in animal health
monitoring and surveillance for the animal identification
system, up to $3,000,000 in the emergency management systems
program for the vaccine bank, up to $1,000,000 for wildlife
services methods development, up to $1,000,000 of the wildlife
services operations program for aviation safety, and up to 25
percent of the screwworm program; Food Safety and Inspection
Service, field automation and information management project;
Cooperative State Research, Education, and Extension Service,
funds for competitive research grants (7 U.S.C. 450i(b)), funds
for the Research, Education, and Economics Information System,
and funds for the Native American Institutions Endowment Fund;
Farm Service Agency, salaries and expenses funds made available
to county committees; Foreign Agricultural Service, middle-
income country training program, and up to $1,565,000 of the
Foreign Agricultural Service appropriation solely for the
purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign
Agricultural Service.
Sec. 705. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary balances
of the Department of Agriculture to the Working Capital Fund
for the acquisition of plant and capital equipment necessary
for the delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture: Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without the prior approval of the Committees on Appropriations
of both Houses of Congress.
Sec. 706. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations
available to the Department of Agriculture in this Act shall be
available to provide appropriate orientation and language
training pursuant to section 606C of the Act of August 28, 1954
(7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation
to lease space for its own use or to lease space on behalf of
other agencies of the Department of Agriculture when such space
will be jointly occupied.
Sec. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the
Cooperative State Research, Education, and Extension Service
that exceed 20 percent of total Federal funds provided under
each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3310), funds provided by this Act for
grants awarded competitively by the Cooperative State Research,
Education, and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered
estimates, not limitations.
Sec. 712. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to cover obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Telephone Bank program account, the Rural
Electrification and Telecommunication Loans program account,
and the Rural Housing Insurance Fund program account.
Sec. 713. None of the funds in this Act may be used to
retire more than 5 percent of the Class A stock of the Rural
Telephone Bank or to maintain any account or subaccount within
the accounting records of the Rural Telephone Bank the creation
of which has not specifically been authorized by statute:
Provided, That notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available in this
Act may be used to transfer to the Treasury or to the Federal
Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of
current requirements and such balance shall receive interest as
set forth for financial accounts in section 505(c) of the
Federal Credit Reform Act of 1990.
Sec. 714. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 715. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 716. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual's employing agency or office
is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of
assignment.
Sec. 717. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to
transmit or otherwise make available to any non-Department of
Agriculture employee questions or responses to questions that
are a result of information requested for the appropriations
hearing process.
Sec. 718. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds available to the
Department of Agriculture for information technology shall be
obligated for projects over $25,000 prior to receipt of written
approval by the Chief Information Officer.
Sec. 719. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided fromany accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that: (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved by
Congress; or (3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the Committees
on Appropriations of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on
Appropriations of both Houses of Congress before implementing a
program or activity not carried out during the previous fiscal
year unless the program or activity is funded by this Act or
specifically funded by any other Act.
Sec. 720. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations
incurred in prior fiscal years, none of the funds appropriated
or otherwise made available by this or any other Act may be
used to pay the salaries and expenses of personnel to carry out
the provisions of section 401 of Public Law 105-185, the
Initiative for Future Agriculture and Food Systems (7 U.S.C.
7621).
Sec. 721. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's Budget submission to the Congress of the
United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior
to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2006 appropriations Act.
Sec. 722. None of the funds made available by this or any
other Act may be used to close or relocate a state Rural
Development office unless or until cost effectiveness and
enhancement of program delivery have been determined.
Sec. 723. In addition to amounts otherwise appropriated or
made available by this Act, $2,500,000 is appropriated for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships, through the Congressional Hunger Center.
Sec. 724. Notwithstanding section 412 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f),
any balances available to carry out title III of such Act as of
the date of enactment of this Act, and any recoveries and
reimbursements that become available to carry out title III of
such Act, may be used to carry out title II of such Act.
Sec. 725. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ``$26,998,000'' and inserting ``$27,998,000''.
Sec. 726. (a) None of the funds appropriated or otherwise
made available by this Act shall be used to pay the salaries
and expenses of personnel to collect from the lender at the
time of issuance a guarantee fee of less than 2 percent of the
principal obligation of guaranteed single-family housing loans
administered by the Rural Housing Service: Provided, That this
section shall not apply to loans made to refinance other
single-family housing loans administered by the Rural Housing
Service.
(b) Section 502(h)(6)(C) of the Housing Act of 1949 (42
U.S.C. 1472(h)(6)(C)) is amended by adding, ``, plus the
guarantee fee as authorized by subsection (h)(7)'' after the
phrase, ``whichever is less'', in each of paragraphs (i) and
(ii).
Sec. 727. Notwithstanding any other provision of law, and
until receipt of the decennial Census in the year 2010, the
Secretary of Agriculture shall consider--
(1) the City of Salinas, California; the City of
Watsonville, California; and the City of Hollister,
California, eligible for programs administered by the
Rural Housing Service;
(2) the Town of Horseshoe Beach, Florida; the City
of Wewahitchka, Florida; the City of Southport,
Florida; the City of Resota Beach, Florida; the City of
Creedmoor, North Carolina; the County of Lake, Florida;
the City of St. Cloud, Florida; the City of Plantation,
Florida; the Cleburne County Water Authority of
Alabama; and the City of Coburg, Oregon, eligible for
loans and grants funded through the rural utilities
programs in the Rural Community Advancement Program
account;
(3) the City of Casa Grande, Arizona, a rural area
for purposes of eligibility for loans and grants
provided through the Rural Housing Insurance Fund
Program account, the Rural Housing Assistance Grants
account and the rural utilities programs in the Rural
Community Advancement Program account;
(4) the City of Coachella, California, eligible for
loans and grants funded through the rural utilities
programs and rural business and cooperative development
programs in the Rural Community Advancement Program
account and the Rural Housing Insurance Fund Program
account;
(5) the City of Springfield, Ohio; the City of
Lexington, Virginia; the City of Clarksdale,
Mississippi; the City of Vicksburg, Mississippi; the
City of Cache, Oklahoma; and the City of Elgin,
Oklahoma, eligible for loans and grants funded through
the rural community programs in the Rural Community
Advancement Program account;
(6) the City of Carbondale, Illinois, a rural area
for purposes of eligibility for loans and grants funded
through the Rural Housing Insurance Fund Program
account and the Rural Housing Assistance Grants
account;
(7) the City of St. Joseph, Missouri, eligible for
loans and grants funded through the rural businessand
cooperative development programs in the Rural Community Advancement
Program account relating to an application submitted to the Department
by a farmer-owned cooperative, a majority of whose members reside in a
rural area, as determined by the Secretary, and for the purchase and
operation of a facility beneficial to the purpose of the cooperative;
and
(8) the fiber-to-premises broadband facilities in
St. Lucie County, Florida, and the City of Port St.
Lucie, Florida, collectively, to meet the eligibility
requirements for loans and loan guarantees under
section 601 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb).
Sec. 728. Of any shipments of commodities made pursuant to
section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent
practicable, direct that tonnage equal in value to not more
than $25,000,000 shall be made available to foreign countries
to assist in mitigating the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency
Virus or Acquired Immune Deficiency Syndrome in
the communities; and
(B) households in the communities,
particularly individuals caring for orphaned
children; and
(2) agricultural commodities monetized to provide
other assistance (including assistance under
microcredit and microenterprise programs) to create or
restore sustainable livelihoods among individuals in
the communities, particularly individuals caring for
orphaned children.
Sec. 729. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial
and technical assistance to the DuPage County, Illinois, Kress
Creek Water Quality Enhancement Project, from funds available
for the Watershed and Flood Prevention Operations program, not
to exceed $1,000,000 and Rockhouse Creek Watershed, Leslie
County, Kentucky, not to exceed $1,000,000.
Sec. 730. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance through the Watershed and Flood
Prevention Operations program for the Kuhn Bayou project in
Arkansas, the Matanuska River erosion control project in
Alaska, the DuPage County watershed project in Illinois, and
the Coal Creek project in Utah.
Sec. 731. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriation Act.
Sec. 732. Notwithstanding any other provision of law, of
the funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may use up to 20
percent of the amount provided to carry out a competitive
grants program under the same terms and conditions as those
provided in section 401 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
Sec. 733. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)).
Sec. 734. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits of St.
Louis, Missouri.
Sec. 735. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out subtitle I of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd
through dd-7).
Sec. 736. Agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses
funds to reimburse the Office of the General Counsel for
salaries and expenses of personnel, and for other related
expenses, incurred in representing such agencies and offices in
the resolution of complaints by employees or applicants for
employment, and in cases and other matters pending before the
Equal Employment Opportunity Commission, the Federal Labor
Relations Authority, or the Merit Systems Protection Board with
the prior approval of the Committees on Appropriations of both
Houses of Congress.
Sec. 737. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6405 of Public Law
107-171 (7 U.S.C. 2655).
Sec. 738. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have
statutory authority to purchase interest bearing investments
outside of the Treasury, are not required to establish
obligations and outlays for those investments, provided those
investments are insured by the Federal Deposit Insurance
Corporation or are collateralized at the Federal Reserve with
securities approved by the Federal Reserve, operating under the
guidelines of the United States Department of the Treasury.
Sec. 739. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the
Secretary may use up to $10,000,000 for costs associated with
the distribution of commodities.
Sec. 740. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to enroll in excess of
154,500 acres in the calendar year 2005 wetlands reserve
program as authorized by 16 U.S.C. 3837.
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel who carry out an
environmental quality incentives program authorized by chapter
4 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3839aa et seq.) in excess of $1,017,000,000.
Sec. 742. Hereafter, the Secretary of Agriculture is
authorized to permit employees of the United States Department
of Agriculture to carry and use firearms for personal
protection while conducting field work in remote locations in
the performance of their official duties.
Sec. 743. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $23,000,000
made available by section 9006(f) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8106(f)).
Sec. 744. With the exception of funds provided in fiscal
year 2003, none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $40,000,000
made available by section 601(j)(1)(A) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)).
Sec. 745. None of the funds made available in fiscal year
2005 or preceding fiscal years for programs authorized under
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used
to reimburse the Commodity Credit Corporation for the release
of eligible commodities under section 302(f)(2)(A) of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 746. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $80,000,000
made available by section 6401(a) of Public Law 107-171.
Sec. 747. Notwithstanding subsections (c) and (e)(2) of
section 313A of the Rural Electrification Act (7 U.S.C. 940c(c)
and (e)(2)) in implementing section 313A of that Act, the
Secretary shall, with the consent of the lender, structure the
schedule for payment of the annual fee, not to exceed an
average of 30 basis points per year for the term of the loan,
to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
Sec. 748. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide from
appropriated funds financial and technical assistance to the
Dry Creek project, Utah.
Sec. 749. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a Conservation
Security Program authorized by 16 U.S.C. 3838, et seq., in
excess of $202,411,000.
Sec. 750. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 2502 of
Public Law 107-171 in excess of $47,000,000.
Sec. 751. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 2503 of
Public Law 107-171 in excess of $112,000,000.
Sec. 752. The Secretary of Agriculture shall use
$30,000,000 of the funds of the Commodity Credit Corporation,
to remain available until expended, to compensate commercial
citrus and lime growers in the State of Florida for tree
replacement and for lost production with respect to trees
removed to control citrus canker, and with respect to certified
citrus nursery stocks within the citrus canker quarantine
areas, as determined by the Secretary. For a grower to receive
assistance for a tree under this section, the tree must have
been removed after September 30, 2001.
Sec. 753. Not more than $10,000,000 for fiscal year 2005 of
the funds appropriated or otherwise made available by this or
any other Act shall be used to carry out Section 6029 of Public
Law 107-171.
Sec. 754. None of the funds appropriated or otherwise made
available in this Act shall be expended to violate Public Law
105-264.
Sec. 755. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a ground and
surface water conservation program authorized by section 2301
of Public Law 107-171 in excess of $51,000,000.
Sec. 756. None of the funds made available by this Act may
be used to issue a final rule in furtherance of, or otherwise
implement, the proposed rule on cost-sharing for animal and
plant health emergency programs of the Animal and Plant Health
Inspection Service published on July 8, 2003 (Docket No. 02-
062-1; 68 Fed. Reg. 40541).
Sec. 757. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a contract
with a private party to carry out, without specific
authorization in a subsequent Act of Congress, a competitive
sourcing activity of the Secretary of Agriculture, including
support personnel of the Department of Agriculture, relating to
rural development or farm loan programs.
Sec. 758. Notwithstanding any other provision of law, the
Secretary of Agriculture may use appropriations available to
the Secretary for activities authorized under sections 426-426c
of title 7, United States Code, under this or any other Act, to
enter into cooperative agreements, with a State, political
subdivision, or agency thereof, a public or private agency,
organization, or any other person, to lease aircraft if the
Secretary determines that the objectives of the agreement will:
(1) serve a mutual interest of the parties to the agreement in
carrying out the programs administered by the Animal and Plant
Health Inspection Service, Wildlife Services; and (2) all
parties will contribute resources to the accomplishment of
these objectives; award of a cooperative agreement authorized
by the Secretary may be made for an initial term not to exceed
5 years.
Sec. 759. There is hereby appropriated $1,491,000, to
remain available until September 30, 2006, to carry out section
6028 of Public Law 107-171: Provided, That notwithstanding
section 383B(g)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009bb-1(g)(1)), the Federal share of
the administrative expenses of the Northern Great Plains
Regional Authority for fiscal year 2005 shall be 100 percent.
Sec. 760. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section 9010 of
Public Law 107-171 in excess of $100,000,000.
Sec. 761. (a) The matter under the heading ``Rural
Community Advancement Program'' in division A--Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Programs Appropriations, 2004, title III--Rural
Development Programs, in Public Law 108-199 is amended by
striking ``$1,750,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 1921 et seq.); and not less than $2,000,000
shall be available for grants in accordance with section
310B(f) of the Consolidated Farm and Rural Development Act''
and inserting ``and not less than $2,000,000 shall be available
for grants in accordance with section 310B(f) of the
Consolidated Farm and Rural Development Act: Provided further,
That of the total amount appropriated in this account,
$1,750,000 shall be for grants to the Delta Regional Authority
(7 U.S.C. 1921 et seq.) for any Rural Community Advancement
Program purpose''.
(b) Consistent with any legal commitments made by the Delta
Regional Authority, at the request of the Authority and if the
Secretary of Agriculture agrees, the Secretary may deobligate
any unexpended Rural Community Advancement Program grant funds
made to the Authority pursuant to division A of Public Law 108-
7: Provided, That such reobligated funds are used by the
Authority for projects that are consistent with the purposes of
the Rural Housing Service Community Facilities Program.
Sec. 762. Of the unobligated balances available in the
Rural Housing Assistance Grant Program account, $1,000,000 is
hereby rescinded.
Sec. 763. Agencies and offices of the Department of
Agriculture may utilize any available discretionary funds to
cover the costs of preparing, or contracting for the
preparation of, final agency decisions regarding complaints of
discrimination in employment or program activities arising
within such agencies and offices.
Sec. 764. Of the unobligated balances available in the
Rural Housing Insurance Fund Program account, $3,000,000 is
hereby rescinded.
Sec. 765. Notwithstanding any other provision of law, for
any fiscal year and hereafter, in the case of a high cost
isolated rural area in Alaska that is not connected to a road
system, the maximum level for the single family housing
assistance shall be 150 percent of the average income level in
the metropolitan areas of the State and 115 percent of all
other eligible areas of the State.
Sec. 766. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 in fiscal
years 2002, 2003, 2004, and 2005 shall remain available until
expended to cover obligations made in fiscal years 2002, 2003,
2004, and 2005, respectively, and are not available for new
obligations.
Sec. 767. There is hereby appropriated $1,500,000, to
remain available until expended, for the Denali Commission to
address deficiencies in solid waste disposal sites which
threaten to contaminate rural drinking water supplies.
Sec. 768. Notwithstanding any other provision of law--
(1)(A) the Alaska Department of Community and
Economic Development shall be eligible to receive a
water and waste disposal grant under section 306(a) of
the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)) in an amount that is equal to not more
than 75 percent of the total cost of providing water
and sewer service to the proposed hospital in the
Matanuska-Susitna Borough, Alaska; and
(B) the Alaska Department of Community and Economic
Development shall be allowed to pass the grant funds
through to the local government entity that will
provide water and sewer service to the hospital;
(2) or any percentage of cost limitation in current
law or regulations, the construction projects known as
the Tri-Valley Community Center addition in Healy,
Alaska; the Cold Climate Housing Research Center in
Fairbanks, Alaska; and the University of Alaska-
Fairbanks Allied Health Learning Center skill labs/
classrooms shall be eligible to receive Community
Facilities grants in amounts that are equal to not more
than 75 percent of the total facility costs: Provided,
That for the purposes of this paragraph, the Cold
Climate Housing Research Center is designated an
``essential community facility'' for rural Alaska;
(3) the Secretary shall consider the City of
Guymon, Oklahoma; the City of Shawnee, Oklahoma; the
Village of New Miami, Ohio; the City of Vicksburg,
Mississippi; and the City of Altus, Oklahoma, to be
eligible for loans and grants provided through the
Rural Housing Insurance Fund until receipt of the
decennial Census in the year 2010;
(4) grants made under section 306(a)(19) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)(19)) using funds made available under this Act
for the cities of Ellisville and Waynesboro,
Mississippi, shall be made without a non-Federal cost
share requirement;
(5) the City of Great Falls, Montana, shall be
considered a rural area for purposes of eligibility for
business and industry guaranteed loans under section
310B(a)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(a)(1)) until receipt of
the decennial Census in the year 2010;
(6) the Secretary may consider the Piedmont
Municipal Power Agency of South Carolina eligible to
participate in programs administered by the Rural
Utilities Service until receipt of the decennial Census
in the year 2010; and
(7) until receipt of the decennial Census for the
year 2010, for all activities under programs of the
Rural Development Mission Area within the County of
Honolulu, Hawaii, the Secretary may designate any
portion of the county as a rural area or eligible rural
community that the Secretary determines is not urban in
character: Provided, That the Secretary shall not
include in any such rural area or eligible rural
community any area included in the Honolulu Census
Designated Place as determined by the Secretary of
Commerce.
Sec. 769. Section 501 of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1737) is amended--
(1) in subsection (b)(1), by inserting ``and Doug
Bereuter'' after ``John Ogonowski''; and
(2) in the heading, by inserting ``AND DOUG
BEREUTER'' after ``JOHN OGONOWSKI''.
Sec. 770. Notwithstanding the provisions of the
Consolidated Farm and Rural Development Act (including the
associated regulations) governing the Community Facilities
Program, the Secretary may allow all Community Facility Program
facility borrowers and grantees to enter into contracts with
not-for-profit third parties for services consistent with the
requirements of the Program, grant, and/or loan: Provided, That
the contracts protect the interests of the Government regarding
cost, liability, maintenance, and administrative fees.
Sec. 771. Notwithstanding any other provision of law, the
Secretary of Agriculture is authorized to make funding and
other assistance available through the emergency watershed
protection program under section 403 of the Agricultural Credit
Act of 1978 (16 U.S.C. 2203) to repair and prevent damage to
non-Federal land in watersheds that have been impaired by fires
initiated by the Federal Government and shall waive cost
sharing requirements for the funding and assistance.
Sec. 772. None of the funds made available in this Act may
be used to provide credits or credit guarantees for
agricultural commodities provided for use in Iraq in violation
of subsection (e) or (f) of section 202 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5622).
Sec. 773. None of the funds provided in this Act may be
used for salaries and expenses to carry out any regulation or
rule insofar as it would make ineligible for enrollment in the
conservation reserve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3831 et seq.) land that is planted to
hardwood trees as of the date of enactment of this Act and was
enrolled in the conservation reserve program under a contract
that expired prior to calendar year 2002.
Sec. 774. None of the funds made available in this Act may
be used to restrict to prescription use a contraceptive that is
determined to be safe and effective for use without the
supervision of a practitioner licensed by law to administer
prescription drugs under section 503(b) of the Federal Food,
Drug, and Cosmetic Act.
Sec. 775. Of the unobligated balances in the Local
Television Loan Guarantee Program account, $88,000,000 are
hereby rescinded.
Sec. 776. Privacy Protection of Certain Sellers of Farm
Products. Section 1324(c) of the Food Security Act of 1985 (7
U.S.C. 1631(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (2)(C)(ii)(II), by
inserting ``, or other approved unique
identifier,'' after both ``social security
number'' and ``identification number'';
(B) in paragraph (4)(C)(iii), by inserting
``, or other approved unique identifier,''
after both ``social security number'' and
``identification number''; and
(C) by adding the following at the end:
``(5) The term `approved unique identifier' means a
number, combination of numbers and letters, or other
identifier selected by the Secretary of State using a
selection system or method approved by the Secretary of
Agriculture.''
(2) in subsection (e)(1)(A)(ii)(III), by inserting
``, or other approved unique identifier,'' after both
``social security number'' and ``identification
number''; and
(3) in subsection (g)(2)(A)(ii)(III), by inserting
``, or other approved unique identifier,'' after both
``social security number'' and ``identification
number''.
Sec. 777. Section 532 of the Equity in Educational Land
Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 193-
382) is amended--
(1) by redesignating paragraphs (23) through (32)
as paragraphs (24) through (33), respectively; and
(2) by inserting after paragraph (22) the
following: ``(23) Tohono O`odham Community College.''.
Sec. 778. Of the unobligated balances of funds in the
Agricultural Conservation Program account, $3,500,000 are
hereby rescinded.
Sec. 779. Notwithstanding any other provision of law, the
amounts made available to the Dakota Value Capture Cooperative
under section 747 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2002 (Public Law 107-76; 115 Stat. 738) shall remain
available until expended for a project conducted by the Dakota
Value Capture Cooperative at South Dakota State University.
Sec. 780. None of the funds made available under this Act
shall be available to pay the administrative expenses of a
State agency that, after the date of enactment of this Act,
authorizes any new for-profit vendor(s) to transact food
instruments under the Special Supplemental Nutrition Program
for Women, Infants, and Children if it is expected that more
than 50 percent of the annual revenue of the vendor from the
sale of food items will be derived from the sale of
supplemental foods that are obtained with WIC food instruments,
except that the Secretary may approve the authorization of such
a vendor if the approval is necessary to assure participant
access to program benefits.
Sec. 781. Of the unobligated balances under section 32 of
the Act of August 24, 1935, $163,000,000 are hereby rescinded.
Sec. 782. Of the unobligated balances available to the
Foreign Agricultural Service for the Public Law 480 Title I
Program at the beginning of fiscal year 2005, $191,108,000 are
hereby rescinded: Provided, That for purposes of determining
the amount of funds available for transfer under section 412(b)
of Public Law 83-480, as amended, the maximum amount of funds
available for transfer shall be calculated based upon the total
funds available prior to this rescission.
Sec. 783. The Secretary of Agriculture may use any
unobligated carryover funds made available for any program
administered by the Rural Utilities Service (not including
funds made available under the heading ``Rural Community
Advancement Program'' in any Act of appropriation) to carry out
section 315 of the Rural Electrification Act of 1936 (7 U.S.C.
940e).
Sec. 784. None of the funds made available by this or any
other Act may be used to reduce the mission, resources,
staffing, facilities, or capabilities of the Wildlife Habitat
Management Institute in Mississippi as in existence on December
17, 2003.
Sec. 785. Livestock Assistance. (a) In General.--In
carrying out a livestock assistance, compensation, or feed
program, the Secretary of Agriculture shall include elk,
reindeer, and bison within the definition of ``livestock''
covered by the program.
(b) Conforming Amendments.--
(1) Section 602(2) of the Agricultural Act of 1949
(7 U.S.C. 1471(2)) is amended by inserting ``elk,
reindeer, bison,'' after ``cattle,''.
(2) Section 10104 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1472) is amended--
(A) by redesignating subsections (a)
through (d) as subsections (b) through (e),
respectively; and
(B) by inserting before subsection (b) (as
so redesignated) the following:
``(a) Definition of Livestock.--In this section, the term
`livestock' includes elk, reindeer, and bison.''.
(3) Section 203(d) of the Agricultural Assistance
Act of 2003 (Public Law 108-7; 117 Stat. 541) is
amended--
(A) by redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the
following:
``(2) Livestock.--The term `livestock' includes
elk, reindeer, and bison.''.
Sec. 786. There is hereby appropriated $1,000,000, to
remain available until expended, to carry out provisions of
Section 751 of Division A of Public Law 108-7.
Sec. 787. There is hereby appropriated $500,000 for a grant
to Alaska Village Initiatives for the purpose of administering
a private lands wildlife management program in Alaska.
Sec. 788. Technical Corrections. (a) Section 104(b)(1) of
the Child Nutrition and WIC Reauthorization Act of 2004 (Public
Law 108-265) is amended by striking the closing quotation marks
and the following period at the end of section 9(b)(5)(A)(iv)
of the Richard B. Russell National School Lunch Act (as added
by that section 104(b)(1) of Public Law 108-265).
(b) Section 13(a)(10) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761(a)(10)) (as added by section
116(d) of Public Law 108-265) is amended--
(1) in subparagraph (C), by striking ``2005'' and
inserting ``2006''; and
(2) in subparagraph (D)--
(A) in clause (i), by striking ``2007'' and
inserting ``2008''; and
(B) in clause (ii), by striking ``2008''
and inserting ``2009''.
(c) Section 21(e)(2)(A) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769b-1(e)(2)(A)) (as amended by
section 125(c)(2)(B) of Public Law 108-265) is amended by
inserting ``and'' after ``2005''.
(d) Section 17(f)(1)(C)(i) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(f)(1)(C)(i) (as amended by section
203(e)(10)(B) of Public Law 108-265) is amended by striking the
period after ``subsection (h)(11)''.
(e) Section 17(h)(8)(A)(vi) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(8)(A)(vi) (as added by section
203(e)(5) of Public Law 108-265) is amended by striking ``Each
State'' and inserting ``Effective beginning October 1, 2004,
each State''.
(f) Section 502(b) of the Child Nutrition and WIC
Reauthorization Act of 2004 (P.L. 108-265) is amended--
(1) in paragraph (2), by striking ``203(e)(5),'';
and
(2) in paragraph (4), by striking ``104'' and
inserting ``104 (other than section 104(a)(1))''.
Sec. 789. Section 104 of Chapter 1 of the Emergency
Supplemental Appropriations for Hurricane Disasters Assistance
Act, 2005, Public Law 108-324, is amended by adding ``and
tropical storms'' after ``hurricanes''.
Sec. 790. There is hereby appropriated $1,000,000, to
remain available until expended, for a grant to the Ohio
Livestock Expo Center in Springfield, Ohio.
Sec. 791. There is hereby appropriated $1,000,000, to
remain available until expended, for a grant to the Virginia
Horse Center in Lexington, Virginia.
Sec. 792. Notwithstanding any other provision of law,
unobligated funding balances in the Great Plains Conservation
Program authorized under section 16(b) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590p(b)); the Forestry
Incentives Program authorized by Section 4 and Section 6 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103);
The Water Bank Program authorized by The Water Bank Act of 1970
(Public Law 91-559); and funding for the John's Creek, TN
Watershed and Flood Prevention Operations project are hereby
rescinded.
Sec. 793. There is hereby appropriated $2,250,000, to
remain available until expended, for a grant to the Wisconsin
Federation of Cooperatives for pilot Wisconsin-Minnesota health
care cooperative purchasing alliances.
Sec. 794. (a) Section 1240B of the Food Security Act of
1985, 16 U.S.C. 3839 aa-2, is amended at the end by adding the
following:
``(h) Funding for Federally Recognized Native American
Indian Tribes and Alaska Native Corporations.--The Secretary
may enter into alternative funding arrangements with federally
recognized Native American Indian Tribes and Alaska Native
Corporations (including their affiliated membership
organizations) if the Secretary determines that the goals and
objectives of the program will be met by such arrangements, and
that statutory limitations regarding contracts with individual
producers as defined under this Subtitle will not be exceeded
by any Tribal or Native Corporation member.''.
(b) Section 1240G of the Food Security Act of 1985, 16
U.S.C. 3839aa-7, is amended by inserting after ``2007,''
``(excluding funding arrangements with federally recognized
Native American Indian Tribes or Alaska Native Corporations
under section 1240B(h))''.
Sec. 795. There is hereby appropriated $6,000,000, to
remain available until expended, for a grant to the Florida
Department of Citrus.
Sec. 796. Notwithstanding any other provision of law,
effective with funds made available in fiscal year 2004 to
states administering the Child and Adult Care Food Program, for
the purpose of conducting audits of participating institutions,
funds identified by the Secretary as having been unused during
the initial fiscal year of availability may be recovered and
reallocated by the Secretary: Provided, That states may use the
reallocated funds until expended for the purpose of conducting
audits of participating institutions.
Sec. 797. Section 1238Q of the Food Security Act of 1985
is amended--
(a) In subsection (a), by striking ``permit'' and
inserting ``transfer title of ownership to an easement under
this subchapter to''; and
(b) By striking subsection (d) and inserting the
following new subsection:
``(d) Transfer of title of ownership of easement.--
Reversion--If a private organization or state agency holding an
easement on land under this subchapter dissolves or fails to
enforce the terms of the easement, the easement shall revert to
the Secretary.''.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2005''.
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY
AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $124,100,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 45
permanent positions and 46 full-time equivalent workyears and
$11,078,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 2004: Provided further, That not to
exceed 26 permanent positions, 21 full-time equivalent
workyears and $3,305,000 shall be expended for the Office of
Legislative Affairs: Provided further, That not to exceed 17
permanent positions, 21 full-time equivalent workyears and
$2,470,000 shall be expended for the Office of Public Affairs:
Provided further, That the latter two aforementioned offices
may utilize non-reimbursable details of career employees within
the caps described in the preceding two provisos.
JOINT AUTOMATED BOOKING SYSTEM
For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $20,185,000, to remain
available until September 30, 2006.
automated biometric identification system/integrated automated
fingerprint identification system
For necessary expenses for the planning, development, and
deployment of an integrated fingerprint identification system,
including automated capability to transmit fingerprint and
image data, $5,054,000, to remain available until September 30,
2006.
LEGAL ACTIVITIES OFFICE AUTOMATION
For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office
automation systems for the organizations funded under the
headings ``Salaries and Expenses, General Legal Activities'',
and ``General Administration, Salaries and Expenses'', and the
United States Attorneys, the United States Marshals Service,
the Antitrust Division, the United States Trustee Program, the
Executive Office for Immigration Review, the Community
Relations Service, the Bureau of Prisons, the Office of Justice
Programs, and the United States Parole Commission, $40,510,000,
to remain available until September 30, 2006.
NARROWBAND COMMUNICATIONS
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land Mobile
Radio legacy systems, $100,000,000, to remain available until
September 30, 2006: Provided, That the Attorney General shall
transfer to the ``Narrowband Communications'' account all funds
made available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any transfer
made under the preceding proviso shall be subject to section
605 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$203,965,000.
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee,
$885,994,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the Justice
Prisoner and Alien Transportation System and for overseeing
housing related to such detention: Provided further, That any
unobligated balances available in prior years from the funds
appropriated under the heading ``Federal Prisoner Detention''
shall be transferred to and merged with the appropriation under
the heading ``Detention Trustee'' and shall be available until
expended. Provided further, That the Trustee, working in
consultation with the Bureau of Prisons, shall submit a plan
for collecting information related to evaluating the health and
safety of Federal prisoners in non-Federal institutions no
later than 180 days following the enactment of this Act.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$63,813,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole
Commission as authorized, $10,638,000.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and rent
of private or Government-owned space in the District of
Columbia, $634,193,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated, not
to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That notwithstanding
anyother provision of law, upon a determination by the Attorney
General that emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney General may
transfer such amounts to ``Salaries and Expenses, General Legal
Activities'' from available appropriations for the current fiscal year
for the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $6,333,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $138,763,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, not
to exceed $101,000,000 of offsetting collections derived from
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during
fiscal year 2005, so as to result in a final fiscal year 2005
appropriation from the general fund estimated at not more than
$37,763,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,547,519,000; of which not to exceed $2,500,000
shall be available until September 30, 2006, for: (1) training
personnel in debt collection; (2) locating debtors and their
property; (3) paying the net costs of selling property; and (4)
tracking debts owed to the United States Government: Provided,
That of the total amount appropriated, not to exceed $8,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 of
those funds available for automated litigation support
contracts shall remain available until expended: Provided
further, That not to exceed $2,500,000 for the operation of the
National Advocacy Center shall remain available until expended:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Offices of the United
States Attorneys, not to exceed 10,212 positions and 10,273
full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Attorneys:
Provided further, That of the funds made available under this
heading, $1,500,000 shall only be available to continue
``Operation Streetsweeper'': Provided further, That of the
total amount appropriated, $5,000,000 shall be for Project
Seahawk and shall remain available until expended.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee
Program, as authorized, $173,602,000, to remain available until
expended and to be derived from the United States Trustee
System Fund: Provided, That, notwithstanding any other
provision of law, deposits to the Fund shall be available in
such amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision of
law, $173,602,000 of offsetting collections pursuant to 28
U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 2005, so as to result in a
final fiscal year 2005 appropriation from the Fund estimated at
$0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,220,000.
United States Marshals Service
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals
Service, $751,985,000; of which not to exceed $6,000 shall be
available for official reception and representation expenses;
and of which $4,000,000 for information technology systems
shall remain available until expended; of which not less than
$11,580,000 shall be available for the costs of courthouse
security equipment, including furnishings, relocations, and
telephone systems and cabling, and shall remain available until
September 30, 2006: Provided, That, in addition to reimbursable
full-time equivalent workyears available to the United States
Marshals Service, not to exceed 4,543 positions and 4,387 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Marshals
Service.
CONSTRUCTION
For construction of United States Marshals Service
prisoner-holding space in United States courthouses and Federal
buildings, $5,734,000, to remain available until expended.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
$177,585,000, to remain available until expended; of which not
to exceed $8,000,000 may be made available for construction of
buildings for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses; and of which not to exceed $7,000,000 may be made
available for the purchase, installation, maintenance and
upgrade of secure telecommunications equipment and a secure
automated information network to store and retrieve the
identities and locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service,
$9,664,000: Provided, That notwithstanding any other provision
of law, upon a determination by the Attorney General that
emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the previous proviso shall be treated as a reprogramming under
section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $21,759,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
In addition to amounts appropriated by subsection 3(e) of
the Radiation Exposure Compensation Act (42 U.S. Code 2210
note), $27,800,000 for payment to the Radiation Exposure
Compensation Trust Fund, to remain available until expended.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $561,033,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated
from appropriations under this heading may be used under
authorities available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 2,988 passenger motor
vehicles, of which 2,619 will be for replacement only; and not
to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C,
$5,205,028,000; of which not to exceed $150,000,000 shall
remain available until expended; of which $1,017,000,000 shall
be for counterterrorism investigations, foreign
counterintelligence, and other activities related to our
national security; of which $56,349,000 shall be for the
operations, equipment, and facilities of the Foreign Terrorist
Tracking Task Force; and of which not to exceed $20,000,000 is
authorized to be made available for making advances for
expenses arising out of contractual or reimbursable agreements
with State and local law enforcement agencies while engaged in
cooperative activities related to violent crime, terrorism,
organized crime, gang-related crime, cybercrime, and drug
investigations: Provided, That not to exceed $200,000 shall be
available for official reception and representation expenses:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Federal Bureau of
Investigation, not to exceed 30,039 positions and 29,082 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the Federal Bureau of
Investigation: Provided further, That up to $6,800,000 of prior
year unobligated balances shall be available for the necessary
expense of construction of an aviation hangar, to remain
available until September 30, 2006.
CONSTRUCTION
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of Federally-owned buildings; and preliminary
planning and design of projects; $10,242,000, to remain
available until expended: Provided, That $9,000,000 shall be
available to lease a records management facility, including
equipment and relocation expenses, in Frederick County,
Virginia.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant to
28 U.S.C. 530C; expenses for conducting drug education and
training programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs; and
purchase of not to exceed 1,461 passenger motor vehicles, of
which 1,346 will be for replacement only, for police-type use,
$1,653,265,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000
shall be available for official reception and representation
expenses: Provided, That, in addition to reimbursable full-time
equivalent workyears available to the Drug Enforcement
Administration, not to exceed 8,361 positions and 8,250 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the Drug Enforcement
Administration: Provided further, That not to exceed $8,100,000
from prior year unobligated balances shall be available for the
design, construction and ownership of a clandestine laboratory
training facility and shall remain available until expended.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including the purchase of not to
exceed 822 vehicles for police-type use, of which 650 shall be
for replacement only; not to exceed $25,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $890,357,000, of which not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by 18 U.S.C. 924(d)(2); and of which
$10,000,000 shall remain available until expended: Provided,
That no funds appropriated herein shall be available for
salaries or administrative expenses in connection with
consolidating or centralizing, within the Department of
Justice, the records, or any portion thereof, of acquisition
and disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated herein
shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States to
implement an amendment or amendments to 27 CFR 178.118 or to
change the definition of ``Curios or relics'' in 27 CFR 178.11
or remove any item from ATF Publication 5300.11 as it existed
on January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms disabilities
under 18 U.S.C. 925(c): Provided further, That such funds shall
be available to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code: Provided
further, That no funds made available by this or any other Act
may be used to transfer the functions, missions, or activities
of the Bureau of Alcohol, Tobacco, Firearms and Explosives to
other agencies or Departments in fiscal year 2005: Provided
further, That no funds appropriated under this or any other Act
with respect to any fiscal year may be used to disclose part or
all of the contents of the Firearms Trace System database
maintained by the National Trace Center of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives or any information
required to be kept by licensees pursuant to section 923(g) of
title 18, United States Code, or required to be reported
pursuant to paragraphs (3) and (7) of such section 923(g), to
anyone other than a Federal, State, or local law enforcement
agency or a prosecutor solely in connection with and for use in
a bona fide criminal investigation or prosecution and then only
such information as pertains to the geographic jurisdiction of
the law enforcement agency requesting the disclosure and not
for use in any civil action or proceeding other than an action
or proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, or a review of such an action or
proceeding, to enforce the provisions of chapter 44 of such
title, and all such data shall be immune from legal process and
shall not be subject to subpoena or other discovery in any
civil action in a State or Federal court or in any
administrative proceeding other than a proceeding commenced by
the Bureau of Alcohol, Tobacco, Firearms, and Explosives to
enforce the provisions of that chapter, or a review of such an
action or proceeding; except that this proviso shall not be
construed to prevent the disclosure of statistical information
concerning total production, importation, and exportation by
each licensed importer (as defined in section 921(a)(9) of such
title) and licensed manufacturer (as defined in section
921(a)(10) of such title): Provided further, That no funds made
available by this or any other Act shall be expended to
promulgate or implement any rule requiring a physical inventory
of any business licensed under section 923 of title 18, United
States Code: Provided further, That no funds under this Act may
be used to electronically retrieve information gathered
pursuant to 18 U.S.C. 923(g)(4) by name or any personal
identification code: Provided further, That no funds authorized
or made available under this or any other Act may be used to
deny any application for a license under section 923 of title
18, United States Code, or renewal of such a license due to a
lack of business activity, provided that the applicant is
otherwise eligible to receive such a license, and is eligible
to report business income or to claim an income tax deduction
for business expenses under the Internal Revenue Code of 1986:
Provided further, That of the total amount provided under this
paragraph, $5,600,000 shall be for the construction and
establishment of the Federal Firearms Licensing Center at the
Bureau of Alcohol, Tobacco, Firearms and Explosives National
Tracing Center Facility and shall remain available until
expended.
Federal Prison System
SALARIES AND EXPENSES
For expenses necessary of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed
780, of which 649 are for replacement only) and hire of law
enforcement and passenger motorvehicles, and for the provision
of technical assistance and advice on corrections related issues to
foreign governments, $4,627,696,000: Provided, That the Attorney
General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct expenditures
by that Administration for medical relief for inmates of Federal penal
and correctional institutions: Provided further, That the Director of
the Federal Prison System, where necessary, may enter into contracts
with a fiscal agent/fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to the custody
of the Federal Prison System: Provided further, That not to exceed
$6,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $365,836,000 shall
remain available for prison activations until September 30, 2006:
Provided further, That, of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available until
expended to make payments in advance for grants, contracts and
reimbursable agreements, and other expenses authorized by section
501(c) of the Refugee Education Assistance Act of 1980, for the care
and security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison System may
accept donated property and services relating to the operation of the
prison card program from a not-for-profit entity which has operated
such program in the past notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services, halfway
houses or other custodial facilities.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $189,000,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase (not to exceed five for
replacement only) and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
Not to exceed $3,411,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
(``the 1994 Act''); the Victims of Child Abuse Act of 1990
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools
to End the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Juvenile Justice and Delinquency Prevention
Act of 1974 (``the 1974 Act''); and the Victims of Trafficking
and Violence Protection Act of 2000 (Public Law 106-386);
$387,275,000, including amounts for administrative costs, to
remain available until expended: Provided, That all balances,
unobligated and obligated, from grants and activities
administered by the Office on Violence Against Women shall be
transferred from the Office of Justice Programs to the Office
on Violence Against Women within 60 days of enactment of this
Act: Provided further, That of the amount provided--
(1) $11,897,000 for the court-appointed special
advocate program, as authorized by section 217 of the
1990 Act;
(2) $1,925,000 for child abuse training programs
for judicial personnel and practitioners, as authorized
by section 222 of the 1990 Act;
(3) $983,000 for grants for televised testimony, as
authorized by Part N of the 1968 Act;
(4) $187,086,000 for grants to combat violence
against women, as authorized by part T of the 1968 Act,
of which:
(A) $5,000,000 shall be for the National
Institute of Justice for research and
evaluation of violence against women;
(B) $10,000,000 shall be for the Office of
Juvenile Justice and Delinquency Prevention for
the Safe Start Program, as authorized by the
1974 Act; and
(C) $12,500,000 shall be for transitional
housing assistance grants for victims of
domestic violence, stalking or sexual assault
as authorized by Public Law 108-21;
(5) $63,491,000 for grants to encourage arrest
policies as authorized by part U of the 1968 Act;
(6) $39,685,000 for rural domestic violence and
child abuse enforcement assistance grants, as
authorized by section 40295(a) of the 1994 Act;
(7) $4,415,000 for training programs as authorized
by section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $2,950,000 for grants to improve the stalking
and domestic violence databases, as authorized by
section 40602 of the 1994 Act;
(9) $9,175,000 to reduce violent crimes against
women on campus, as authorized by section 1108(a) of
Public Law 106-386;
(10) $39,740,000 for legal assistance for victims,
as authorized by section 1201(c) of Public Law 106-386;
(11) $4,600,000 for enhancing protection for older
and disabled women from domestic violence and sexual
assault, as authorized by section 40802 of the 1994
Act;
(12) $14,078,000 for the safe havens for children
pilot program, as authorized by section 1301(a) of
Public Law 106-386; and
(13) $7,250,000 for education and training to end
violence against and abuse of women with disabilities,
as authorized by section 1402(a) of Public Law 106-386.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, the Missing Children's Assistance
Act, including salaries and expenses in connection therewith,
the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21),
and the Victims of Crime Act of 1984, $227,900,000, to remain
available until expended.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); and other
programs; $1,295,510,000 (including amounts for administrative
costs, which shall be transferred to and merged with the
``Justice Assistance'' account): Provided, That funding
provided under this heading shall remain available until
expended, as follows--
(1) $634,000,000 for the Edward Byrne Memorial
Justice Assistance Grant program pursuant to the
amendments made by section 201 of H.R. 3036 of the
108th Congress, as passed by the House of
Representatives on March 30, 2004 (except that the
special rules for Puerto Rico established pursuant to
such amendments shall not apply for purposes of this
Act), of which--
(A) $85,000,000 shall be for Boys and Girls
Clubs in public housing facilities and other
areas in cooperation with State and local law
enforcement, as authorized by section 401 of
Public Law 104-294 (42 U.S.C. 13751 note);
(B) $10,000,000 shall be available for the
National Institute of Justice in assisting
units of local government to identify, select,
develop, modernize, and purchase new
technologies for use by law enforcement; and
(C) $2,500,000 for USA Freedom Corps
activities;
(2) $305,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 242(j) of
the Immigration and Nationality Act;
(3) $30,000,000 is for the Southwest Border
Prosecutor Initiative to reimburse State, county,
parish, tribal, or municipal governments only for costs
associated with the prosecution of criminal cases
declined by local United States Attorneys offices;
(4) $18,000,000 for assistance to Indian tribes, of
which--
(A) $5,000,000 shall be available for
grants under section 20109(a)(2) of subtitle A
of title II of the 1994 Act;
(B) $8,000,000 shall be available for the
Tribal Courts Initiative; and
(C) $5,000,000 shall be available for
demonstration projects on alcohol and crime in
Indian Country;
(5) $170,027,000 for discretionary grants
authorized by subpart 2 of part E, of title I of the
1968 Act, notwithstanding the provisions of section 511
of said Act;
(6) $10,000,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386;
(7) $883,000 for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section
240001(c) of the 1994 Act;
(8) $40,000,000 for Drug Courts, as authorized by
Part EE of the 1968 Act;
(9) $2,000,000 for public awareness programs
addressing marketing scams aimed at senior citizens, as
authorized by section 250005(3) of the 1994 Act;
(10) $10,000,000 for a prescription drug monitoring
program;
(11) $37,000,000 for prison rape prevention and
prosecution programs as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79), of which
$1,000,000 shall be transferred to the National Prison
Rape Elimination Commission for authorized activities;
(12) $25,000,000 for grants for residential
substance abuse treatment for State prisoners, as
authorized by part S of the 1968 Act;
(13) $10,500,000 for a program to improve State and
local law enforcement intelligence capabilities
including training to ensure that constitutional
rights, civil liberties, civil rights, and privacy
interests are protected throughout the intelligence
process;
(14) $1,000,000 for a State and local law
enforcement hate crimes training and technical
assistance program;
(15) $2,000,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the
1968 Act; and
(16) $100,000 for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the
1994 Act:
Provided, That, if a unit of local government uses any of the
funds made available under this title to increase the number of
law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $62,000,000, to
remain available until September 30, 2006, for inter-
governmental agreements, including grants, cooperative
agreements, and contracts, with State and local law enforcement
agencies, non-profit organizations, and agencies of local
government engaged in the investigation and prosecution of
violent and gang-related crimes and drug offenses in ``Weed and
Seed'' designated communities, and for either reimbursements or
transfers to appropriation accounts of the Department of
Justice and other Federal agencies which shall be specified by
the Attorney General to execute the ``Weed and Seed'' program
strategy: Provided, That funds designated by Congress through
language for other Department of Justice appropriation accounts
for ``Weed and Seed'' program activities shall be managed and
executed by the Attorney General through the Executive Office
for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and
personnel in support of ``Weed and Seed'' program activities
only after the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of this Act: Provided further,
That of the funds appropriated for the Executive Office for
Weed and Seed, $2,000,000 shall be directed for comprehensive
community development training and technical assistance.
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (including
administrative costs), $606,446,000, to remain available until
expended: Provided, That funds that become available as a
result of deobligations from prior year balances may not be
obligated except in accordance with section 605 of this Act:
Provided further, That of the funds under this heading, not to
exceed $2,575,000 shall be available for the Office of Justice
Programs for reimbursable services associated with programs
administered by the Community Oriented Policing Services
Office: Provided further, That section 1703(b) and (c) of the
Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968
Act'') shall not apply to non-hiring grants made pursuant to
part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of the
amounts provided--
(1) $10,000,000 is for the hiring of law
enforcement officers, including $5,000,000 for school
resource officers;
(2) $15,000,000 is for training and technical
assistance;
(3) $20,000,000 is for improving tribal law
enforcement including equipment and training;
(4) $100,000,000 is for the COPS Interoperable
Communications Technology Program;
(5) $7,500,000 is for a police integrity program;
(6) $25,000,000 is for the matching grant program
for law enforcement armor vests as authorized by
section 2501 of part Y of the 1968 Act: Provided, That
not to exceed 2 percent of such funds shall be
available to the Office of Justice Programs for testing
of and research relating to law enforcement armor
vests;
(7) $52,556,000 is for policing initiatives to
combat methamphetamine production and trafficking and
to enhance policing initiatives in ``drug hot spots'';
(8) $15,000,000 is for Police Corps education and
training: Provided, That the out-year program costs of
new recruits shall be fully funded from funds currently
available;
(9) $138,615,000 is for a law enforcement
technology program;
(10) $25,000,000 is for grants to upgrade criminal
records, as authorized under the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601);
(11) $28,450,000 is for grants, contracts and other
assistance to States under section 102(b) of the Crime
Identification Technology Act of 1998 (42 U.S.C.
14601);
(12) $110,000,000 is for a DNA analysis and
capacity enhancement program;
(13) $15,000,000 is for Paul Coverdell Forensic
Sciences Improvement Grants under part BB of title I of
the 1968 Act (42 U.S.C. 3797j et seq.);
(14) $10,000,000 is for an offender re-entry
program, as authorized by Public Law 107-273;
(15) $4,325,000 is for the Safe Schools Initiative;
and
(16) not to exceed $30,000,000 is for program
management and administration.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the Act''), and other juvenile
justice programs, including salaries and expenses in connection
therewith to be transferred to and merged with the
appropriations for Justice Assistance, $384,177,000, to remain
available until expended, as follows--
(1) $3,000,000 for concentration of Federal
efforts, as authorized by section 204 of the Act;
(2) $84,000,000 for State and local programs
authorized by section 221 of the Act, including
training and technical assistance to assist small, non-
profit organizations with the Federal grants process;
(3) $102,177,000 for demonstration projects, as
authorized by sections 261 and 262 of the Act;
(4) $10,000,000 for research, evaluation, training
and technical assistance, as authorized by sections 251
and 252 of the Act;
(5) $15,000,000 for juvenile mentoring programs;
(6) $80,000,000 for delinquency prevention, as
authorized by section 505 of the Act, of which--
(A) $10,000,000 shall be for the Tribal
Youth Program;
(B) $25,000,000 shall be for a gang
resistance education and training program to be
administered by the Bureau of Justice
Assistance and to be coordinated with the
Bureau of Alcohol, Tobacco, Firearms and
Explosives and the Office of Juvenile Justice
and Delinquency Prevention; and
(C) $25,000,000 shall be for grants of
$360,000 to each State and $6,640,000 shall be
available for discretionary grants to States,
for programs and activities to enforce State
laws prohibiting the sale of alcoholic
beverages to minors or the purchase or
consumption of alcoholic beverages by minors,
prevention and reduction of consumption of
alcoholic beverages by minors, and for
technical assistance and training;
(7) $5,000,000 for Project Childsafe;
(8) $15,000,000 for the Secure Our Schools Act as
authorized by Public Law 106-386;
(9) $15,000,000 for programs authorized by the
Victims of Child Abuse Act of 1990; and
(10) $55,000,000 for the Juvenile Accountability
Block Grants program as authorized by Public Law 107-
273 and Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), such sums as are
necessary, as authorized by section 6093 of Public Law 100-690
(102 Stat. 4339-4340); and $3,615,000, to remain available
until expended for payments as authorized by section 1201(b) of
said Act; and $2,795,000 for educational assistance, as
authorized by section 1212 of the 1968 Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $60,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception and
representation expenses.
Sec. 102. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 103. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in
this section in any way diminishes the effect of section 103
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 105. Authorities contained in the 21st Century
Department of Justice Appropriations Authorization Act (Public
Law 107-273) shall remain in effect until the effective date of
a subsequent Department of Justice appropriations authorization
Act.
Sec. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section: Provided further, That none of the funds
appropriated to ``Buildings and Facilities, Federal Prison
System'' in this or any other Act may be transferred to
``Salaries and Expenses, Federal Prison System'', or any other
Department of Justice account, unless the President certifies
that such a transfer is necessary to the national security
interests of the United States, and such authority shall not be
delegated, and shall be subject to Section 605 of this Act.
Sec. 107. Section 114 of Public Law 107-77 shall remain in
effect during fiscal year 2005.
Sec. 108. In addition to the amounts provided under
``Salaries and Expenses, United States Attorneys'', $15,000,000
shall be for Project Seahawk and shall remain available until
expended.
Sec. 109. The Attorney General is authorized to extend
through September 30, 2006, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (6 U.S.C. 533) without limitation on the
number of employees or the positions covered.
Sec. 110. (a) None of the funds made available in this Act
may be used by the Drug Enforcement Administration to establish
a procurement quota following the approval of a new drug
application or an abbreviated new drug application for a
controlled substance.
(b) The limitation established in subsection (a) shall not
apply until 180 days after enactment of this Act.
Sec. 111. The limitation established in the preceding
section shall not apply to any new drug application or
abbreviated new drug application for which the Drug Enforcement
Administration has reviewed and provided public comments on
labeling, promotion, risk management plans, and any other
documents.
Sec. 112. (a) Section 8335(b) of title 5, United States
Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)'';
and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of
age'. The authority to grant exemptions in accordance with the
preceding sentence shall cease to be available after December
31, 2009.''.
(b) Section 8425(b) of title 5, United States Code, is
amended--
(1) by striking ``(b)'' and inserting ``(b)(1)'';
and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of
age'. The authority to grant exemptions in accordance with the
preceding sentence shall cease to be available after December
31, 2009.''.
Sec. 113. (a) Subchapter IV of chapter 57 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 5759. Retention and relocation bonuses for the Federal Bureau of
Investigation
``(a) Authority.--The Director of the Federal Bureau of
Investigation, after consultation with the Director of the
Office of Personnel Management, may pay, on a case-by-case
basis, a bonus under this section to an employee of the Bureau
if--
``(1)(A) the unusually high or unique
qualifications of the employee or a special need of the
Bureau for the employee's services makes it essential
to retain the employee; and
``(B) the Director of the Federal Bureau of
Investigation determines that, in the absence of such a
bonus, the employee would be likely to leave--
``(i) the Federal service; or
``(ii) for a different position in the
Federal service; or
``(2) the individual is transferred to a different
geographic area with a higher cost of living (as
determined by the Director of the Federal Bureau of
Investigation).
``(b) Service Agreement.--Payment of a bonus under this
section is contingent upon the employee entering into a written
service agreement with the Bureau to complete a period of
service with the Bureau. Such agreement shall include--
``(1) the period of service the individual shall be
required to complete in return for the bonus; and
``(2) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of the termination.
``(c) Limitation on Authority.--A bonus paid under this
section may not exceed 50 percent of the employee's basic pay.
``(d) Impact on Basic Pay.--A retention bonus is not part
of the basic pay of an employee for any purpose.
``(e) Termination of Authority.--The authority to grant
bonuses under this section shall cease to be available after
December 31, 2009.''.
(b) The analysis for chapter 57 of title 5, United States
Code, is amended by adding at the end the following:
``5759. Retention and relocation bonuses for the Federal Bureau of
Investigation.''.
Sec. 114. (a) Chapter 35 of title 5 of the United States
Code is amended by adding at the end the following:
``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``Sec. 3598. Federal Bureau of Investigation Reserve Service
``(a) Establishment.--The Director of the Federal Bureau of
Investigation may provide for the establishment and training of
a Federal Bureau of Investigation Reserve Service (hereinafter
in this section referred to as the `FBI Reserve Service') for
temporary reemployment of employees in the Bureau during
periods of emergency, as determined by the Director.
``(b) Membership.--Membership in the FBI Reserve Service
shall be limited to individuals who previously served as full-
time employees of the Bureau.
``(c) Annuitants.--If an annuitant receiving an annuity
from the Civil Service Retirement and Disability Fund becomes
temporarily reemployed pursuant to this section, such annuity
shall not be discontinued thereby. An annuitant so reemployed
shall not be considered an employee for the purposes of chapter
83 or 84.
``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve
Service members reemployed on a temporary basis pursuant to
this section shall not count against any personnel ceiling
applicable to the Bureau.
``(e) Expenses.--The Director may provide members of the
FBI Reserve Service transportation and per diem in lieu of
subsistence, in accordance with applicable provisions of this
title, for the purpose of participating in any training that
relates to service as a member of the FBI Reserve Service.
``(f) Limitation on Membership.--Membership of the FBI
Reserve Service is not to exceed 500 members at any given
time.''.
(b) The analysis for chapter 35 of title 5, United States
Code, is amended by adding at the end the following:
``Subchapter VII--Retention of Retired Specialized Employees at the
Federal Bureau of Investigation
``3598. Federal Bureau of Investigation reserve service.''.
Sec. 115. Section 5377(a)(2) of title 5, United States
Code, is amended--
(1) by striking ``and'' at the end of subparagraph
(E);
(2) by striking the period at the end of
subparagraph (F) and inserting ``; and''; and
(3) by inserting after subparagraph (F) the
following:
``(G) a position at the Federal Bureau of
Investigation, the primary duties and
responsibilities of which relate to
intelligence functions (as determined by the
Director of the Federal Bureau of
Investigation).''.
Sec. 116. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau of
Alcohol, Tobacco, Firearms and Explosives in the conduct of
undercover investigative operations and shall apply without
fiscal year limitation with respect to any undercover
investigative operation initiated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United States.
Sec. 117. Section 1344 of Title 31 of the United States
Code, is amended in subsection (b) paragraph (6) by inserting
after ``Federal Bureau of Investigation,'' the words ``Director
of the Bureau of Alcohol, Tobacco, Firearms and Explosives''.
This amendment shall take effect as if enacted on January 1,
2004.
Sec. 118. Within 45 days of enactment of this Act, the
Bureau of Prisons will submit a comprehensive financial plan
for the Federal Prison System to the Committees on
Appropriations.
Sec. 119. The Bureau of Prisons shall 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. These
computers will be used according to schedules and protocols
developed by the staff of the local facility in consultation
with the Federal Defender and the District Court's Criminal
Justice Act Selection Committee.
Sec. 120. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a prisoner.
Sec. 121. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment
for inmate training, religious, or educational programs.
Sec. 122. Section 3(e) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended--
(1) in paragraph (1), by striking ``through fiscal
year 2011''; and
(2) in paragraph (2), by striking subparagraphs (E)
through (J).
Sec. 123. The Prison Rape Elimination Act of 2003 is
amended--
(1) in section 7--
(A) in the heading by striking
``REDUCTION'' and inserting ``ELIMINATION'';
and
(B) in subsection (a) by striking
``Reduction'' and inserting ``Elimination'';
and
(2) in section 1(b), by striking ``Reduction'' in
the item relating to section 7 and inserting
``Elimination''.
Sec. 124. (a) The President shall award and present a 9/11
Heroes Medal of Valor of appropriate design, with ribbons and
appurtenances, to an appropriate representative of those
individuals who were members of public safety agencies and were
killed in the terrorist attacks in the United States on
September 11, 2001, as certified by the Attorney General, on
behalf of such individuals.
(b) The presentation of medals pursuant to subsection (a)
shall be made as close as feasible to the 4th anniversary of
the terrorist attacks described in that subsection.
(c)(1) To be eligible for the medal referred to in
subsection (a), an individual shall have been a public safety
officer (as defined in section 5 of the Public Safety Officer
Medal of Valor Act of 2001) who--
(A) was present in New York, Virginia, or
Pennsylvania on September 11, 2001;
(B) participated in the response that day to the
terrorist attacks on the World Trade Center, the
terrorist attack on the Pentagon, or the terrorist
attack that resulted in the crash of the fourth
airplane in Pennsylvania; and
(C) died as a result of such participation.
(2) An individual who was killed in one of the attacks
referred to in paragraph (1)(B) shall be deemed, for purposes
of the eligibility requirement of that paragraph, to have
participated in the response.
(3) The certification of eligible recipients of the medal
under subsection (a) shall be completed by the Attorney General
by July 1, 2005.
(d)(1)(A) The design of the medal under this section shall
be selected by the Attorney General after consultation with--
(i) the Commission of Fine Arts; and
(ii) the Institute of Heraldry within the
Department of Defense, regarding the design and
artistry of the 9/11 Heroes Medal of Valor.
(B) The Attorney General may also consider suggestions
received by the Department of Justice regarding the design of
the medal, including those made by persons not employed by the
Department of Justice.
(2) After such consultation and selection of design, the
Attorney General shall make necessary arrangements with the
Secretary of the Treasury for the Secretary to prepare and
strike, on a reimbursable basis, such number of medals as may
be required to carry out this section.
(3) The medals struck under this section are national
medals for purposes of chapter 51 of title 31, United States
Code.
(e) The Attorney General shall establish such procedures
and requirements as may be necessary to carry out this section.
(f) There are authorized to be appropriated to the Attorney
General such sums as may be necessary to carry out this
section.
Sec. 125. (a) The Attorney General shall transfer, without
reimbursement, to the Secretary of the Army a parcel of real
property, including any improvements thereon, consisting of
approximately 57.8 acres located on River Road in Prince George
County, Virginia. The real property is currently under the
administrative jurisdiction of the Bureau of Prisons. Upon
transfer of the real property under this subsection, the
Secretary of the Army shall assume administrative and
jurisdictional accountability over property and include the
property as part of Fort Lee, Virginia.
(b) The exact acreage and legal description of the real
property to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the
Army.
Sec. 126. The Department of Justice shall establish an
Office of Justice for Victims of Overseas Terrorism.
This title may be cited as the ``Department of Justice
Appropriations Act, 2005''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $41,552,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $124,000 shall be available for official reception and
representation expenses: Provided further, That not less than
$2,000,000 provided under this heading shall be for expenses
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further,
That negotiations shall be conducted within the World Trade
Organization to recognize the right of members to distribute
monies collected from antidumping and countervailing duties:
Provided further, That there is established a position of Chief
Negotiator for Intellectual Property Enforcement.
National Intellectual Property Law Enforcement Coordination Council
For necessary expenses of the National Intellectual
Property Law Enforcement Coordination Council to coordinate
domestic and international intellectual property protection and
law enforcement relating to intellectual property among Federal
and foreign entities, $2,000,000, to remain available until
September 30, 2006: Provided, That there shall be at the head
of the National Intellectual Property Law Enforcement
Coordination Council a Coordinator for International
Intellectual Property Enforcement: Provided further, That the
Coordinator for International Intellectual Property Enforcement
shall be appointed by the President: Provided further, That no
person shall serve as the Coordinator for International
Intellectual Property Enforcement while serving in any other
position in the Federal Government: Provided further, That the
co-chairs of the National Intellectual Property Law Enforcement
Coordination Council, as designated by Public Law 106-58, shall
report to the Coordinator for International Intellectual
Property Enforcement on matters concerning the National
Intellectual Property Law Enforcement Coordination Council:
Provided further, That the National Intellectual Property Law
Enforcement Coordination Council shall--
(1) establish policies, objectives, and priorities
concerning international intellectual property
protection and intellectual property law enforcement;
(2) promulgate a strategy for protecting American
intellectual property overseas; and
(3) coordinate and oversee implementation by
agencies with responsibilities for intellectual
property protection and intellectual property law
enforcement of the policies, objectives, and priorities
established under paragraph (1) and the fulfillment of
the responsibilities assigned to such agencies in the
strategy described in paragraph (2):
Provided further, That the Coordinator for International
Intellectual Property Enforcement shall develop for each fiscal
year, with the advice of the members of the National
Intellectual Property Law Enforcement Coordination Council and
any other departments and agencies with responsibilities for
intellectual property protection and intellectual property law
enforcement, a budget proposal to implement the strategy
described in paragraph (2) and for the operations of the
National Intellectual Property Law Enforcement Coordination
Council, and shall transmit such budget proposal to the
President and to the Congress: Provided further, That the
Coordinator for International Intellectual Property Enforcement
may select, appoint, employ, and fix compensation of such
officers and employees as may be necessary to carry out the
functions of the National Intellectual Property Law Enforcement
Coordination Council: Provided further, That the Coordinator
for International Intellectual Property Enforcement may direct,
with the concurrence of the Secretary of a department or head
of an agency, the temporary reassignment within the Federal
Government of personnel employed by such department or agency.
International Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$61,700,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
44 U.S.C. 3702 and 3703; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to
49 U.S.C. 40118; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
10 years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$30,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $401,513,000, to remain
available until expended, of which $8,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$48,509,000 shall be for Manufacturing and Services;
$40,087,000 shall be for Market Access and Compliance;
$64,544,000 shall be for the Import Administration of which not
less than $3,000,000 is for the Office of China Compliance;
$222,365,000 shall be for the United States and Foreign
Commercial Service of which $1,500,000 is for the Advocacy
Center, $2,500,000 is for the Trade Information Center, and
$2,100,000 is for a China and Middle East Business Center; and
$26,008,000 shall be for Executive Direction and
Administration: Provided further, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of
the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities without regard to section 5412 of the Omnibus Trade
and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for
the purpose of this Act, contributions under the provisions of
the Mutual Educational and Cultural Exchange Act of 1961 shall
include payment for assessments for services provided as part
of these activities: Provided further, That negotiations shall
be conducted within the World Trade Organization to recognize
the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
of the amount provided, $1,000,000 is for a grant to the United
States Air and Trade Show Inc. to study the feasibility of the
establishment and operation of a biennial United States
international air trade show to promote international exports
from the United States and for initial expenses of implementing
the recommendations set forth in the study: Provided further,
That for purposes of section 31.205(d)(2) of the Federal
Acquisition Regulation, any international air and trade show
conducted by the grantee shall be considered to be a trade show
containing a significant effort to promote exports from the
United States.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); and purchase of passenger motor vehicles for official
use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law, $68,393,000,
to remain available until expended, of which $7,200,000 shall
be for inspections and other activities related to national
security: Provided, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the
public with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $257,423,000, to remain
available until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$30,483,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, title II of the Trade Act of 1974, and
the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $29,899,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $80,000,000, to remain available until September 30,
2006, of which $2,000,000 is for a grant to the National
Academy of Public Administration to study impacts of off-
shoring on the economy and workforce of the United States.
Bureau of the Census
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $198,765,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses related to the 2010 decennial
census, $393,515,000, to remain available until September 30,
2006: Provided, That of the total amount available related to
the 2010 decennial census, $165,196,000 is for the Re-
engineered Design Process for the Short-Form Only Census,
$146,009,000 is for the American Community Survey, and
$82,310,000 is for the Master Address File/Topologically
Integrated Geographic Encoding and Referencing (MAF/TIGER)
system.
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$162,601,000, to remain available until September 30, 2006, of
which $73,473,000 is for economic statistics programs and
$89,128,000 is for demographic statistics programs: Provided,
That regarding construction of a facility at the Suitland
Federal Center, quarterly reports regarding the expenditure of
funds and project planning, design and cost decisions shall be
provided by the Bureau, in cooperation with the General
Services Administration, to the Committees on Appropriations of
the Senate and the House of Representatives: Provided further,
That none of the funds provided in this or any other Act under
the heading ``Bureau of the Census, Periodic Censuses and
Programs'' shall be used to fund the construction and tenant
build-out costs of a facility at the Suitland Federal Center:
Provided further, That none of the funds provided in this or
any other Act for any fiscal year may be used for the
collection of Census data on race identification that does not
include ``some other race'' as a catagory.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $17,433,000, to remain available until September 30,
2006: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
For the administration of grants authorized by section 392
of the Communications Act of 1934, $21,769,000, to remain
available until expended as authorized by section 391 of the
Act: Provided, That not to exceed $2,000,000 shall be available
for program administration as authorized by section 391 of the
Act: Provided further, That, notwithstanding the provisions of
section 391 of the Act, the prior year unobligated balances may
be made available for grants for projects for which
applications have been submitted and approved during any fiscal
year.
INFORMATION INFRASTRUCTURE GRANTS
For the administration of prior year grants, recoveries and
unobligated balances of funds previously appropriated for
grants are available only for the administration of all open
grants until their expiration.
United States Patent and Trademark Office
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office, $1,336,000,000, to remain available until
expended, which shall be derived from offsetting collections
assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C.
41 and 376, and shall be retained and used for necessary
expenses: Provided, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2005, so as to result in a
fiscal year 2005 appropriation from the general fund estimated
at $0: Provided further, That during fiscal year 2005, should
the total amount of offsetting fee collections be less than
$1,356,000,000, this amount shall be reduced accordingly:
Provided further, That not less than 526 full-time equivalents,
530 positions and $72,899,000 shall be for the examination of
trademark applications; and not less than 5,057 full-time
equivalents, 5,139 positions and $759,021,000 shall be for the
examination and searching of patent applications: Provided
further, That not more than 244 full-time equivalents, 251
positions and $31,906,000 shall be for the Office of the
General Counsel: Provided further, That of amounts made
available under this heading, $20,000,000 shall only be
available for initiatives to protect United States intellectual
property overseas: Provided further, That from amounts provided
herein, not to exceed $1,000 shall be made available in fiscal
year 2005 for official reception and representation expenses:
Provided further, That notwithstanding section 1353 of title
31, United States Code, no employee of the United States Patent
and Trademark Office may accept payment or reimbursement from a
non-Federal entity for travel, subsistence, or related expenses
for the purpose of enabling an employee to attend and
participate in a convention, conference, or meeting when the
entity offering payment or reimbursement is a person or
corporation subject to regulation by the Office, or represents
a person or corporation subject to regulation by the Office,
unless the person or corporation is an organization exempt from
taxation pursuant to section 501(c)(3) of the Internal Revenue
Code of 1986.
In addition, fees authorized by title VIII of this Act may
be collected and credited to this account as offsetting
collections: Provided, That not to exceed $218,754,000 derived
from such offsetting collections shall be available until
expended for authorized purposes: Provided further, That not
less than 58 full-time equivalents, 72 positions and $5,551,000
shall be for the examination of trademark applications; and not
less than 378 full-time equivalents, 709 positions and
$106,986,000 shall be for the examination and searching of
patent applications: Provided further, That not more than 20
full-time equivalents, 20 positions and $4,955,000 shall be for
the Office of the General Counsel: Provided further, That the
total amount appropriated from fees collected in fiscal year
2005, including such increased fees, shall not exceed
$1,574,754,000: Provided further, That in fiscal year 2005,
from the amounts made available for ``Salaries and Expenses''
for the United States Patent and Trademark Office (PTO), the
amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the PTO and employees
under section 8334(a) of title 5, United States Code, and the
normal cost percentage (as defined by section 8331(17) of that
title) of basic pay, of employees subject to subchapter III of
chapter 83 of that title; and (2) the present value of the
otherwise unfunded accruing costs, as determined by the Office
of Personnel Management, of post-retirement life insurance and
post-retirement health benefits coverage for all PTO employees,
shall be transferred to the Civil Service Retirement and
Disability Fund, the Employees Life Insurance Fund, and the
Employees Health Benefits Fund, as appropriate, and shall be
available for the authorized purposes of those accounts.
SCIENCE AND TECHNOLOGY
Technology Administration
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for
Technology Office of Technology Policy, $6,547,000: Provided,
That section 8(a) of the Technology Administration Act of 1998
(15 U.S.C. 1511e(a)) is amended by deleting ``Technology
Administration of '' after ``within the'': Provided further,
That $200,000 is for the World Congress on Information
Technology.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of
Standards and Technology, $383,892,000, to remain available
until expended, of which not to exceed $2,900,000 may be
transferred to the ``Working Capital Fund''.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $109,000,000, to remain available until expended:
Provided, That the Secretary of Commerce shall not recompete
any existing Manufacturing Extension Partnership Center prior
to 2007: Provided further, That hereafter the Manufacturing
Extension Partnership Program authorized under 15 U.S.C. 278k
shall be renamed the Hollings Manufacturing Partnership Program
and the centers established and receiving funding under 15
U.S.C. 278k paragraph (a) shall be named the Hollings
Manufacturing Extension Centers.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $142,300,000, to remain available until expended.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $73,500,000, to remain
available until expended.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels;
grants, contracts, or other payments to nonprofit organizations
for the purposes of conducting activities pursuant to
cooperative agreements; and relocation of facilities,
$2,804,065,000, to remain available until September 30, 2006,
except for funds provided for cooperative enforcement which
shall remain available until September 30, 2007: Provided, That
fees and donations received by the National Ocean Service for
the management of national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $3,000,000 shall be derived by transfer from
the fund entitled ``Coastal Zone Management'' and in addition
$65,000,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That of the
$2,872,065,000 provided for in direct obligations under this
heading $2,804,065,000 is appropriated from the General Fund:
Provided further, That no general administrative charge shall
be applied against an assigned activity included in this Act or
the report accompanying this Act except for additional costs
above the fiscal year 2004 level of $2,600,000 for automating
and modernizing the NOAA grant processing systems up to a total
of $5,000,000: Provided further, That the total amount
available for the National Oceanic and Atmospheric
Administration corporate services administrative support costs
shall not exceed $171,530,000: Provided further, That payments
of funds made available under this heading to the Department of
Commerce Working Capital Fund including Department of Commerce
General Counsel legal services shall not exceed $39,500,000:
Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying
this Act shall be subject to the procedures set forth in
section 605 of this Act: Provided further, That grants to
States pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed
$2,000,000, unless funds provided for ``Coastal Zone Management
Grants'' exceed funds provided in the previous fiscal year:
Provided further, That if funds provided for ``Coastal Zone
Management Grants'' exceed funds provided in the previous
fiscal year, then no State shall receive more than 5 percent or
less than 1 percent of the additional funds: Provided further,
That none of the funds under this heading are available to
alter the existing structure, organization, function, and
funding of the National Marine Fisheries Service Southwest
Region and Fisheries Science Center and Northwest Region and
Fisheries Science Center: Provided further, That
notwithstanding any other provision of law, $600,000 shall be
available only for the National Oceanic and Atmospheric
Administration Office of Space Commercialization: Provided
further, That the personnel management demonstration project
established at the National Oceanic and Atmospheric
Administration pursuant to 5 U.S.C. 4703 may be expanded by
3,500 full-time positions to include up to 6,925 full-time
positions and may be extended indefinitely: Provided further,
That the Administrator of the National Oceanic and Atmospheric
Administration may engage in formal and informal education
activities, including primary and secondary education, related
to the agency's mission goals.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration, $1,053,436,000
to remain available until September 30, 2007, except funds
provided for construction of facilities which shall remain
available until September 30, 2009, and funds provided for the
Honolulu Laboratory and the Marine Environmental Health
Research Laboratory which shall remain available until
expended: Provided, That of the amounts provided for the
National Polar-orbiting Operational Environmental Satellite
System, funds shall only be made available on a dollar for
dollar matching basis with funds provided for the same purpose
by the Department of Defense: Provided further, That except to
the extent expressly prohibited by any other law, the
Department of Defense may delegate procurement functions
related to the National Polar-orbiting Operational
Environmental Satellite System to officials of the Department
of Commerce pursuant to section 2311 of title 10, United States
Code: Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying
this Act shall be subject to the procedures set forth in
section 605 of this Act: Provided further, That none of the
funds provided in this Act or any other Act under the heading
``National Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'' shall be used to fund the
General Services Administration's standard construction and
tenant build-out costs of a facility at the Suitland Federal
Center: Provided further, That beginning in fiscal year 2006
and for each fiscal year thereafter, the Secretary of Commerce
shall include in the budget justification materials that the
Secretary submits to Congress in support of the Department of
Commerce budget (as submitted with the budget of the President
under section 1105(a) of title 31, 10 United States Code) an
estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition and construction
program having a total multiyear program cost of more than
$5,000,000 and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such program for each of the five
subsequent fiscal years.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $90,000,000: Provided, That section
628(2)(A) of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2001
(16 U.S.C. 3645) is amended--
(1) by striking ``2000, 2001, 2002, and 2003'' and
inserting ``2005'', and
(2) by inserting ``Idaho,'' after ``Oregon,''.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations, Research,
and Facilities'' account to offset the costs of implementing
such Act.
FISHERMEN'S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $499,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
FISHERIES FINANCE PROGRAM ACCOUNT
For the costs of direct loans, $287,000, as authorized by
the Merchant Marine Act of 1936: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in the Federal Credit Reform Act of 1990: Provided further,
That these funds are only available to subsidize gross
obligations for the principal amount of direct loans not to
exceed $5,000,000 for Individual Fishing Quota loans, and not
to exceed $59,000,000 for traditional direct loans, of which
$40,000,000 may be used for direct loans to the United States
distant water tuna fleet, and of which $19,000,000 may be used
for direct loans to the United States menhaden fishery:
Provided further, That none of the funds made available under
this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United
States fishery.
OTHER
Departmental Management
SALARIES AND EXPENSES
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $48,109,000:
Provided, That not to exceed 12 full-time equivalents and
$1,621,000 shall be expended for the legislative affairs
function of the Department.
UNITED STATES TRAVEL AND TOURISM PROMOTION
For necessary expenses of the United States Travel and
Tourism Promotion Program, as authorized by section 210 of
Public Law 108-7, for programs promoting travel to the United
States including grants, contracts, cooperative agreements and
related costs, $10,000,000, to remain available until September
30, 2006.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $21,660,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided for
in this or any other Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act.
Sec. 204. Any costs incurred by a department or agency
funded under this title resulting from personnel actions taken
in response to funding reductions included in this title or
from actions taken for the care and protection of loan
collateral or grant property shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 205. Hereafter, none of the funds made available by
this or any other Act for the Department of Commerce shall be
available to reimburse the Unemployment Trust Fund or any other
fund or account of the Treasury to pay for any expenses
authorized by section 8501 of title 5, United States Code, for
services performed by individuals appointed to temporary
positions within the Bureau of the Census for purposes relating
to the decennial censuses of population.
Sec. 206. Of the amount available from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'', $10,000,000 shall be provided to the
Alaska Fisheries Marketing Board, $1,000,000 shall be available
for the ``Wild American Shrimp Initiative'', and $1,000,000
shall be available for the Gulf Oyster Industry Education
Program: Provided, That (1) the Alaska Fisheries Marketing
Board (hereinafter ``the Board'') shall be a nonprofit
organization and not an agency or establishment of the United
States, (2) the Secretary may appoint, assign, or otherwise
designate as Executive Director an employee of the Department
of Commerce, who may serve in an official capacity in such
position, with or without reimbursement, and such appointment
or assignment shall be without interruption or loss of civil
service status or privilege, and (3) the Board may adopt bylaws
consistent with the purposes of this section, and may undertake
other acts necessary to carry out the provisions of this
section.
Sec. 207. (a) Hereafter, the Secretary of Commerce is
authorized to operate a marine laboratory in South Carolina in
accordance with a memorandum of agreement, including any future
amendments, among the National Oceanic and Atmospheric
Administration, the National Institute of Standards and
Technology, the State of South Carolina, the Medical University
of South Carolina, and the College of Charleston as a
partnership for collaborative, interdisciplinary marine
scientific research.
(b) To carry out subsection (a), the agencies that are
partners in the Laboratory may accept, apply for, use, and
spend Federal, State, private and grant funds as necessary to
further the mission of the Laboratory without regard to the
source or of the period of availability of these funds and may
apply for and hold patents, as well as share personnel,
facilities, and property. Any funds collected or accepted by
any partner may be used to offset all or portions of its costs,
including overhead, without regard to 31 U.S.C. section
143302(b); to reimburse other participating agencies for all or
portions of their costs; and to fund research and facilities
expansion. Funds for management and operation of the Laboratory
may be used to sustain basic laboratory operations for all
participating entities. The Secretary of Commerce is authorized
to charge fees and enter into contracts, grants, cooperative
agreements and other arrangements with Federal, State, private
entities, and other entities, domestic and foreign, tofurther
the mission of the Laboratory. Any funds collected from such fees or
arrangements shall be used to support cooperative research, basic
operations, and facilities enhancement at the Laboratory.
Sec. 208. Funds made available for salaries and
administrative expenses to administer the Emergency Steel Loan
Guarantee Program in section 211(b) of Public Law 108-199 shall
remain available until expended.
Sec. 209. A fishing capacity reduction program for the
Southeast Alaska purse seine fishery is authorized to be
financed through a capacity reduction loan of $50,000,000
pursuant to sections 1111 and 1112 of title XI of the Merchant
Marine Act of 1936 (46 U.S.C. App. 1279f and 1279g) subject to
the conditions of this section. In accordance with the Federal
Credit Reform Act of 1990, 2 U.S.C. Sec. 661 et seq., $500,000
is made available from funds appropriated for ``Pacific Coastal
Salmon Recovery'' in this Act for the cost of the loan
authorized by this section. The loan shall have a term of 30
years, except that the amount to be repaid in any one year
shall not exceed 2 percent of the total value of salmon landed
in the fishery and such repayment shall begin with salmon
landed after January 1, 2006.
Sec. 210. Section 653(a) of Public Law 106-58 is amended by
adding ``(7) The Coordinator for International Intellectual
Property Enforcement.'' after ``Under Secretary of Commerce for
International Trade.''.
Sec. 211. Notwithstanding any other provision of law, of
the amounts made available elsewhere in this title to the
``National Institute of Standards and Technology, Construction
of Research Facilities'', $20,000,000 is for a cooperative
agreement with the Medical University of South Carolina;
$10,000,000 is for the Cancer Research Center in Hawaii;
$4,000,000 is for the Thayer School of Engineering, of which
$1,000,000 is for a biomass energy research project, $2,000,000
is for a smart laser beam project, and $1,000,000 is for
research relating to biomaterials; $1,000,000 is for civic
education programs at the New Hampshire Institute of Politics;
$1,500,000 is for the Franklin Pierce Community Center;
$2,000,000 is for the Southern New Hampshire University School
of Community Economic Development; and $5,000,000 is for the
Boston Museum of Science.
Sec. 212. Section 3(f) of Public Law 104-91 is amended by
striking ``and 2005'' and inserting ``2005, 2006, and 2007''.
Sec. 213. Hereafter, notwithstanding any other Federal law
related to the conservation and management of marine mammals,
the State of Hawaii may enforce any State law or regulation
with respect to the operation in State waters of recreational
and commercial vessels, for the purpose of conservation and
management of humpback whales, to the extent that such law or
regulation is no less restrictive than Federal law.
Sec. 214. Establishment of the Ernest F. Hollings
Scholarship Program. (a) Establishment.--The Administrator of
the National Oceanic and Atmospheric Administration shall
establish and administer the Ernest F. Hollings Scholarship
Program. Under the program, the Administrator shall award
scholarships in oceanic and atmospheric science, research,
technology, and education to be known as Ernest F. Hollings
Scholarships.
(b) Purposes.--The purposes of the Ernest F. Hollings
Scholarships Program are--
(1) to increase undergraduate training in oceanic
and atmospheric science, research, technology, and
education and foster multidisciplinary training
opportunities;
(2) to increase public understanding and support
for stewardship of the ocean and atmosphere and improve
environmental literacy; and
(3) to recruit and prepare students for public
service careers with the National Oceanic and
Atmospheric Administration and other natural resource
and science agencies at the Federal, State and Local
levels of government; and
(4) to recruit and prepare students for careers as
teachers and educators in oceanic and atmospheric
science and to improve scientific and environmental
education in the United States.
(c) Award.--Each Ernest F. Hollings Scholarship--
(1) shall be used to support undergraduate studies
in oceanic and atmospheric science, research,
technology, and education that support the purposes of
the programs and missions of the National Oceanic and
Atmospheric Administration;
(2) shall recognize outstanding scholarship and
ability;
(3) shall promote participation by groups
underrepresented in oceanic and atmospheric science and
technology; and
(4) shall be awarded competitively in accordance
with guidelines issued by the Administrator and
published in the Federal Register.
(d) Eligibility.--In order to be eligible to participate in
the program, an individual must--
(1) be enrolled or accepted for enrollment as a
full-time student at an institution of higher education
(as defined in section 101(a) of the Higher Education
Act of 1965) in an academic field or discipline
described in subsection (c);
(2) be a United States citizen;
(3) not have received a scholarship under this
section for more than 4 academic years, unless the
Administrator grants a waiver; and
(4) submit an application at such time, in such
manner, and containing such information, agreements, or
assurances as the Administrator may require.
(e) Distribution of Funds.--The amount of each Ernest F.
Hollings Scholarship shall be provided directly to a recipient
selected by the Administrator upon receipt of certification
that the recipient will adhere to a specific and detailed plan
of study and research approved by an institution of higher
education.
(f) Funding.--Of the total amount appropriated for fiscal
year 2005 and annually hereafter to the National Oceanic and
Atmospheric Administration, the Administrator shall make
available for the Ernest F. Hollings Scholarship program one-
tenth of one percent of such appropriations.
(g) Scholarship Repayment Requirement.--The Administrator
shall require an individual receiving a scholarship under this
section to repay the full amount of the scholarship to the
National Oceanic and Atmospheric Administration if the
Administrator determines that the individual, in obtaining or
using the scholarship, engaged in fraudulent conduct or failed
to comply with any term or condition of the scholarship. Such
repayments shall be deposited in the NOAA Operations, Research,
and Facilities Appropriations Account and treated as an
offsetting collection and only be available for financing
additional scholarships.
Sec. 215. Section 402(f) of Public Law 107-372 is amended--
(1) in paragraph (1), by striking ``All right'' and
inserting ``For the period ending April 3, 2008, all
right''; and
(2) in paragraph (3), by inserting ``for the period
ending April 3, 2008'' after ``and annually
thereafter''.
Sec. 216. Of the amounts made available under this heading
for the National Oceanic and Atmospheric Administration, the
Secretary of Commerce shall pay by March 1, 2005, $5,000,000 to
the National Marine Sanctuaries Foundation to capitalize a fund
for ocean activities.
Sec. 217. Any funding provided under this Title used to
implement the Department of Commerce's E-Government Initiatives
shall be subject to the procedures set forth in section 605 of
this Act.
Sec. 218. A fishing capacity reduction program for the
Federal Gulf of Mexico Reef Fish Fishery Management Plan
principally intended for commercial long line vessels is
authorized to be financed through a capacity reduction loan of
$35,000,000 pursuant to sections 1111 and 1112 of title XI of
the Merchant Marine Act of 1936 (46 U.S.C. App. 1279f and
1279g) subject to the conditions of this section. In accordance
with the Federal Credit Reform Act of 1990 (2 U.S.C. Sec. 661
et seq.), $350,000 is hereby appropriated for the subsidy cost
of the loan authorized under this section and shall remain
available until expended. The Secretary of Commerce, working in
close coordination with active fishery participants, is hereby
authorized to design and implement a comprehensive voluntary
capacity reduction program using the loan authorized under this
section. The Secretary shall set the loan term at 35 years and
repayment shall begin within one year of final implementation
of the program. In addition to the authority of the Gulf of
Mexico Regional Fishery Management Council to develop and
recommend conservation and management measures for the Gulf of
Mexico reef fish fishery, the Secretary of Commerce is
authorized to develop and implement a limited access program
pursuant to the standards set forth in Section 303(b)(6) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1853(b)(6)).
Sec. 219. (a) Definitions.--In this section:
(1) AFA trawl catcher processor subsector.--The
term ``AFA trawl catcher processor subsector'' means
the owners of each catcher/processor listed in
paragraphs (1) through (20) of section 208(e) of the
American Fisheries Act (16 U.S.C. 1851 note).
(2) BSAI.--The term ``BSAI'' has the meaning given
the term ``Bering Sea and Aleutian Islands Management
Area'' in section 679.2 of title 50, Code of Federal
Regulations (or successor regulation).
(3) Catcher processor subsector.--The term
``catcher processor subsector'' means, as appropriate,
one of the following:
(A) The longline catcher processor
subsector.
(B) The AFA trawl catcher processor
subsector.
(C) The non-AFA trawl catcher processor
subsector.
(D) The pot catcher processor subsector.
(4) Council.--The term ``Council'' means the North
Pacific Fishery Management Council established in
section 302(a)(1)(G) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1852(a)(1)(G)).
(5) LLP license.--The term ``LLP license'' means a
Federal License Limitation program groundfish license
issued pursuant to section 679.4(k) of title 50, Code
of Federal Regulations (or successor regulation).
(6) Longline catcher processor subsector.--The term
``longline catcher processor subsector'' means the
holders of an LLP license that is noninterim and
transferable, or that is interim and subsequently
becomes noninterim and transferable, and that is
endorsed for Bering Sea or Aleutian Islands catcher
processor fishing activity, C/P, Pcod, and hook and
line gear.
(7) Non-afa trawl catcher processor subsector.--The
term ``non-AFA trawl catcher processor subsector''
means the owner of each trawl catcher processor--
(A) that is not an AFA trawl catcher
processor;
(B) to whom a valid LLP license that is
endorsed for Bering Sea or Aleutian Islands
trawl catcher processor fishing activity has
been issued; and
(C) that the Secretary determines has
harvested with trawl gear and processed not
less than a total of 150 metric tons of non-
pollock groundfish during the period January 1,
1997 through December 31, 2002.
(8) Non-pollock groundfish fishery.--The term
``non-pollock groundfish fishery'' means target species
of Atka mackerel, flathead sole, Pacific cod, Pacific
Ocean perch, rock sole, turbot, or yellowfin sole
harvested in the BSAI.
(9) Pot catcher processor subsector.--The term
``pot catcher processor subsector'' means the holders
of an LLP license that is noninterim and transferable,
or that is interim and subsequently becomes noninterim
and transferable, and that is endorsed for Bering Sea
or Aleutian Islands catcher processor fishing activity,
C/P, Pcod, and pot gear.
(10) Secretary.--Except as otherwise provided in
this Act, the term ``Secretary'' means the Secretary of
Commerce.
(b) Authority for BSAI Catcher Processor Capacity Reduction
Program.--
(1) In general.--A fishing capacity reduction
program for the non-pollock groundfish fishery in the
BSAI is authorized to be financed through a capacity
reduction loan of not more than $75,000,000 under
sections 1111 and 1112 of the Merchant Marine Act, 1936
(46 U.S.C. App. 1279f and 1279g).
(2) Relationship to merchant marine act, 1936.--The
fishing capacity reduction program authorized by
paragraph (1) shall be a program for the purposes of
subsection (e) of section 1111 of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1279f), except,
notwithstanding subsection (b)(4) of such section, the
capacity reduction loan authorized by paragraph (1) may
have a maturity not to exceed 30 years.
(c) Availability of Capacity Reduction Funds to Catcher
Processor Subsectors.--
(1) In general.--The Secretary shall make available
the amounts of the capacity reduction loan authorized
by subsection (b)(1) to each catcher processor
subsector as described in this subsection.
(2) Initial availability of funds.--The Secretary
shall make available the amounts of the capacity
reduction loan authorized by subsection (b)(1) as
follows:
(A) Not more than $36,000,000 for the
longline catcher processor subsector.
(B) Not more than $6,000,000 for the AFA
trawl catcher processor subsector.
(C) Not more than $31,000,000 for the non-
AFA trawl catcher processor subsector.
(D) Not more than $2,000,000 for the pot
catcher processor subsector.
(3) Other availability of funds.--After January 1,
2009, the Secretary may make available for fishing
capacity reduction to one or more of the catcher
processor subsectors any amounts of the capacity
reduction loan authorized by subsection (b)(1) that
have not been expended by that date.
(d) Binding Reduction Contracts.--
(1) Requirement for contracts.--The Secretary may
not provide funds to a person under the fishing
capacity reduction program authorized by subsection (b)
if such person does not enter into a binding reduction
contract between the United States and such person, the
performance of which may only be subject to the
approval of an appropriate capacity reduction plan
under subsection (e).
(2) Requirement to revoke licenses.--The Secretary
shall revoke all Federal fishery licenses, fishery
permits, and area and species endorsements issued for a
vessel, or any vessel named on an LLP license purchased
through the fishing capacity reduction program
authorized by subsection (b).
(e) Development, Approval, and Notification of Capacity
Reduction Plans.--
(1) Development.--Each catcher processor subsector
may, after notice to the Council, submit to the
Secretary a capacity reduction plan for the appropriate
subsector to promote sustainable fisheries management
through the removal of excess harvesting capacity from
the non-pollock groundfish fishery.
(2) Approval by the secretary.--The Secretary is
authorized to approve a capacity reduction plan
submitted under paragraph (1) if such plan--
(A) is consistent with the requirements of
section 312(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1861a(b)) except--
(i) the requirement that a Council
or Governor of a State request such a
program set out in paragraph (1) of
such subsection; and
(ii) the requirements of paragraph
(4) of such subsection;
(B) contains provisions for a fee system
that provides for full and timely repayment of
the capacity reduction loan by a catcher
processor subsector and that may provide for
the assessment of such fees based on methods
other than ex-vessel value of fish harvested;
(C) does not require a bidding or auction
process;
(D) will result in the maximum sustained
reduction in fishing capacity at the least cost
and in the minimum amount of time; and
(E) permits vessels in the catcher
processor subsector to be upgraded to achieve
efficiencies in fishing operations provided
that such upgrades do not result in the vessel
exceeding the applicable length, tonnage, or
horsepower limitations set out in Federal law
or regulation.
(3) Approval by referendum.--
(A) In general.--Following approval by the
Secretary under paragraph (2), the Secretary
shall conduct a referendum for approval of a
capacity reduction plan for the appropriate
catcher processor subsector. The capacity
reduction plan and fee system shall be approved
if the referendum votes which are cast in favor
of the proposed system by the appropriate
catcher processor subsector are--
(i) 100 percent of the members of
the AFA trawl catcher processor
subsector; or
(ii) not less than \2/3\ of the
members of--
(I) the longline catcher
processor subsector;
(II) the non-AFA trawl
catcher processor subsector; or
(III) the pot catcher
processor subsector.
(B) Notification prior to referendum.--
Prior to conducting a referendum under
subparagraph (A) for a capacity reduction plan,
the Secretary shall--
(i) identify, to the extent
practicable, and notify the catcher
processor subsector that will be
affected by such plan; and
(ii) make available to such
subsector information about any
industry fee systemcontained in such
plan, a description of the schedule, procedures, and eligibility
requirements for the referendum, the proposed program, the estimated
capacity reduction, the amount and duration, and any other terms and
conditions of the fee system proposed in such plan.
(4) Implementation.--
(A) Notice of implementation.--Not later
than 90 days after a capacity reduction plan is
approved by a referendum under paragraph (3),
the Secretary shall publish a notice in the
Federal Register that includes the exact terms
and conditions under which the Secretary shall
implement the fishing capacity reduction
program authorized by subsection (b).
(B) Inapplicability of implementation
provision of magnuson.--Section 312(e) of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(e)) shall not
apply to a capacity reduction plan approved
under this subsection.
(5) Authority to collect fees.--The Secretary is
authorized to collect fees to fund a fishing capacity
reduction program and to repay debt obligations
incurred pursuant to a plan approved under paragraph
(3)(A).
(f) Action by Other Entities.--Upon the request of the
Secretary, the Secretary of the Department in which the
National Vessel Documentation Center operates or the Secretary
of the Department in which the Maritime Administration
operates, as appropriate, shall, with respect to any vessel or
any vessel named on an LLP license purchased through the
fishing capacity reduction program authorized by subsection
(b)--
(1)(A) permanently revoke any fishery endorsement
issued to the vessel under section 12108 of title 46,
United States Code;
(B) refuse to grant the approval required under
section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C.
App. 808(c)(2)) for the placement of the vessel under
foreign registry or the operation of the vessel under
the authority of a foreign country; and
(C) require that the vessel operate under United
States flag and remain under Federal documentation; or
(2) require that the vessel be scrapped as a
reduction vessel under section 600.1011(c) of title 50,
Code of Federal Regulations.
(g) Non-Pollock Groundfish Fishery.--
(1) Participation in the fishery.--Only a member of
a catcher processor subsector may participate in--
(A) the catcher processor sector of the
BSAI non-pollock groundfish fishery; or
(B) the fishing capacity reduction program
authorized by subsection (b).
(2) Plans for the fishery.--It is the sense of
Congress that--
(A) the Council should continue on its path
toward rationalization of the BSAI non-pollock
groundfish fisheries, complete its ongoing work
with respect to developing management plans for
the BSAI non-pollock groundfish fisheries in a
timely manner, and take actions that promote
stability of these fisheries consistent with
the goals of this section and the purposes and
policies of the Magnuson-Stevens Fishery
Conservation and Management Act; and
(B) such plans should not penalize members
of any catcher processor subsector for
achieving capacity reduction under this Act or
any other provision of law.
(h) Reports.--
(1) Requirement.--The Secretary shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House
of Representatives 5 reports on the fishing capacity
reduction program authorized by subsection (b).
(2) Content.--Each report shall contain the
following:
(A) A description of the fishing capacity
reduction program carried out under the
authority in subsection (b).
(B) An evaluation of the cost and cost-
effectiveness of such program.
(C) An evaluation of the effectiveness of
such program in achieving the objective set out
in section 312(b) of the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1861a(b)).
(3) Schedule.--
(A) Initial report.--The Secretary shall
submit the first report under paragraph (1) not
later than 90 days after the date that the
first referendum referred to in subsection
(e)(3) is held.
(B) Subsequent reports.--During each of the
4 years after the year in which the report is
submitted under subparagraph (A), the Secretary
shall submit to Congress an annual report as
described in this subsection.
(i) Conforming Amendment.--Section 214 of the Department of
Commerce and Related Agencies Appropriations Act, 2004 (title
II of division B of Public Law 108-199; 118 Stat. 75) is
amended by striking ``that--'' and all that follows, and
inserting ``under the capacity reduction program authorized in
section 219 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act,
2005.''.
Sec. 220. None of the funds appropriated in this Act or any
other Act may be used to disqualify any community which was a
participant in the Bering Sea Community Development Quota
program on January 1, 2004, from continuing to receive quota
allocations under that program.
Sec. 221. In addition to amounts made available under
section 214 of the Department of Commerce and Related Agencies
Appropriations Act, 2004 (title II of division B of Public Law
108-199; 118 Stat. 75), of the funding provided in this Act
under the heading ``National Oceanic and Atmospheric
Administration'', ``operations, research, and facilities'',
$250,000, to remain available until expended, for the Federal
Credit Reform Act cost of a reduction loan under sections 1111
and 1112 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f
and 1279g), not to exceed an additional $25,000,000 in
principal, for the capacity reduction program authorized in
section 219.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2005''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve, $58,122,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $9,979,000, which shall remain available until expended.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $21,780,000.
United States Court of International Trade
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$14,888,000.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,177,244,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects; of which not
to exceed $2,800,000 shall be available for a national
probation and pretrial services training program; of which
$1,300,000 of the funds provided for the Judiciary Information
Technology Fund will be for the Edwin L. Nelson Local
Initiatives Program, within which $1,000,000 will be reserved
for local court grants.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$3,298,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under the Criminal Justice Act
of 1964; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services
under the Criminal Justice Act of 1964 (18 U.S.C. 3006A(e));
the compensation (in accordance with Criminal Justice Act
maximums) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of travel expenses of guardians ad litem acting
on behalf of financially eligible minor or incompetent
offenders in connection with transfers from the United States
to foreign countries with which the United States has a treaty
for the execution of penal sentences; the compensation of
attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28 U.S.C.
1875(d); and for necessary training and general administrative
expenses, $676,385,000, to remain available until expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$61,535,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the
daily equivalent of the highest rate payable under section 5332
of title 5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for,
incident to providing protective guard services for United
States courthouses and other facilities housing Federal court
operations, and the procurement, installation, and maintenance
of security equipment for United States courthouses and other
facilities housing Federal court operations, including building
ingress-egress control, inspection of mail and packages,
directed security patrols, perimeter security, basic security
services provided by the Department of Homeland Security, and
other similar activities as authorized by section 1010 of the
Judicial Improvement and Access to Justice Act (Public Law 100-
702), $332,000,000, of which not to exceed $10,000,000 shall
remain available until expended, to be expended directly or
transferred to the United States Marshals Service, which shall
be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by
the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $68,200,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $21,737,000; of which
$1,800,000 shall remain available through September 30, 2006,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $32,000,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$2,000,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,700,000.
United States Sentencing Commission
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$13,304,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for Courts of Appeals,
District Courts, and Other Judicial Services shall be available
for official reception and representation expenses of the
Judicial Conference of the United States: Provided, That such
available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. (a) Section 3006A(d)(2) of title 18, United
States Code, is amended--
(1) by striking ``5,200'' and inserting ``7,000'';
(2) by striking ``1,500'' and inserting ``2,000'';
(3) by striking ``3,700'' and inserting ``5,000'';
(4) by striking ``1,200'' each place it appears and
inserting ``1,500''; and
(5) by striking ``3,900'' and inserting ``5,000''.
(b) Section 3006A(e) of title 18, United States Code is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking
``300'' and inserting ``500''; and
(B) in subparagraph (B), by striking
``300'' and inserting ``500''; and
(2) in paragraph (3) in the first sentence by
striking ``1,000'' and inserting ``1,600''.
Sec. 305. Within 90 days of enactment of this Act, the
Administrative Office of the U.S. Courts shall submit to the
Committees on Appropriations a comprehensive financial plan for
the Judiciary allocating all sources of available funds
including appropriations, fee collections, and carryover
balances, to include a separate and detailed plan for the
Judiciary Information Technology fund.
Sec. 306. Pursuant to section 140 of Public Law 97-92, and
from funds appropriated in this Act, Justices and judges of the
United States are authorized during fiscal year 2005, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 307. (a) Section 1914(a) of title 28, United States
Code, is amended by striking out ``$150'' and inserting in lieu
thereof ``$250''.
(b) Section 1931(a) of title 28, United States Code, is
amended--
(1) in subsection (a) by striking out ``$90'' and
inserting in lieu thereof ``$190''; and
(2) in subsection (b)--
(A) by striking out ``$150'' and inserting
in lieu thereof ``$250''; and
(B) by striking out ``$90'' and inserting
in lieu thereof ``$190''.
(c) This section shall take effect 60 days after the date
of the enactment of this Act.
Sec. 308. For fiscal year 2005 and hereafter, such fees as
shall be collected for the processing of violations through the
Central Violations Bureau cases as prescribed by the Judicial
Conference of the United States shall be deposited to the
``Courts of Appeals, District Courts, and Other Judicial
Services, Salaries and Expenses'' appropriation to be used for
salaries and other expenses.
This title may be cited as the ``Judiciary Appropriations
Act, 2005''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000
of this appropriation), as authorized by section 801 of the
United States Information and Educational Exchange Act of 1948;
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange
or purchase of passenger motor vehicles as authorized by law;
and for expenses of general administration, $3,570,000,000:
Provided, That not to exceed 71 permanent positions shall be
for the Bureau of Legislative Affairs: Provided further, That
none of the funds made available under this heading may be used
to transfer any full-time equivalent employees into or out of
the Bureau of Legislative Affairs: Provided further, That, of
the amount made available under this heading, not to exceed
$4,000,000 may be transferred to, and merged with, funds in the
``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That, of
the amount made available under this heading, $319,994,000
shall be available only for public diplomacy international
information programs: Provided further, That of the amount made
available under this heading, $3,000,000 shall be available
only for the operations of the Office on Right-Sizing the
United States Government Overseas Presence: Provided further,
That funds available under this heading may be available for a
United States Government interagency task force to examine,
coordinate and oversee United States participation in the
United Nations headquarters renovation project: Provided
further, That no funds may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least
15 days in advance, the Committees on Appropriations of the
House of Representatives and the Senate are notified of such
proposed action: Provided further, That of the amount made
available under this heading, $185,128,000 is for Near Eastern
Affairs, $80,234,000 is for South Asian Affairs, and
$251,706,000 is for African Affairs: Provided further, That, of
the amount made available under this heading, $2,000,000 shall
be available for a grant to conduct an international conference
on the human rights situation in North Korea: Provided further,
That of the amount made available under this heading, $200,000
is for a grant to the Center for the Study of the Presidency
and $1,900,000 is for a grant to Shared Hope International to
combat international sex tourism: Provided further, That the
Intellectual Property Division shall be elevated to office-
level status and shall be renamed the Office of International
Intellectual Property Enforcement within 60 days of enactment
of this Act.
In addition, not to exceed $1,426,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act; in addition, as
authorized by section 5 of such Act, $490,000, to be derived
from the reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized by
section 810 of the United States Information and Educational
Exchange Act, not to exceed $6,000,000, to remain available
until expended, may be credited to this appropriation from fees
or other payments received from English teaching, library,
motion pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and, in addition, not to exceed $15,000, which shall
be derived from reimbursements, surcharges, and fees for use of
Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$658,702,000, to remain available until expended: Provided,
That of the amounts made available under this paragraph,
$5,000,000 is for the Center for Antiterrorism and Security
Training.
Beginning in fiscal year 2005 and thereafter, the Secretary
of State is authorized to charge surcharges related to consular
services in support of enhanced border security that are in
addition to the passport and immigrant visa fees in effect on
January 1, 2004: Provided, That funds collected pursuant to
this authority shall be credited to this account, and shall be
available until expended for the purposes of such account:
Provided further, That such surcharges shall be $12 on passport
fees, and $45 on immigrant visa fees.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$52,149,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds available under this heading.
CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM
For expenses relating to the modernization of the
information technology systems and networks of the Department
of State, $77,851,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$30,435,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to post
inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $360,750,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,640,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $9,894,000, to remain available until
September 30, 2006.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $611,680,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies:
Provided further, That the United States Embassy Annex building
in Rome, Italy, previously known as the ``INA Building'', shall
hereafter be known and designated as the ``Mel Sembler
Building''.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $912,320,000, to
remain available until expended: Provided, That funds
appropriated to this account in Public Law 108-287 may also be
used for non-interim facilities for the United States Mission
in Iraq, including associated planning, site preparation and
pre-construction activities.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $1,000,000, to remain available until
expended as authorized, of which such sums as necessary may be
transferred to and merged with the Repatriation Loans Program
Account, subject to the same terms and conditions: Provided,
That funds previously appropriated under this heading for
rewards for an indictee of the Special Court for Sierra Leone
shall be transferred to the Special Court for Sierra Leone
within 15 days of enactment of this Act: Provided further, That
any transfer of funds provided under this heading shall be
treated as a reprogramming of funds under section 605 of this
Act.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $612,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974. In addition, for administrative expenses
necessary to carry out the direct loan program, $607,000, which
may be transferred to and merged with the Diplomatic and
Consular Programs account under Administration of Foreign
Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $19,482,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $132,600,000.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $1,182,000,000, of which up to $6,000,000, to
remain available until expended, may be used for the cost of a
direct loan to the United Nations for the cost of renovating
its headquarters in New York: Provided, That such costs,
including the cost of modifying such loan, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
total loan principal of up to $1,200,000,000: Provided further,
That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section
1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations of the Senate and of the House of
Representatives the most recent biennial budget prepared by the
United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify the
Committees on Appropriations at least 15 days in advance (or in
an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United
Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget and cause the United
Nations to exceed the adopted budget for the biennium 2004-2005
of $3,160,860,000: Provided further, That any payment of
arrearages under this title shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph
shall be available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings, except that such restriction
shall not apply to loans to the United Nations for renovation
of its headquarters.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$490,000,000: Provided, That none of the funds made available
under this Act shall be obligated or expended for any new or
expanded United Nations peacekeeping mission unless, at least
15 days in advance of voting for the new or expanded mission in
the United Nations Security Council (or in an emergency as far
in advance as is practicable): (1) the Committees on
Appropriations of the House of Representatives and the Senate
and other appropriate committees of the Congress are notified
of the estimated cost and length of the mission, the vital
national interest that will be served, and the planned exit
strategy; and (2) a reprogramming of funds pursuant to section
605 of this Act is submitted, and the procedures therein
followed, setting forth the source of funds that will be used
to pay for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping
expenses only upon a certification by the Secretary of State to
the appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to
provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the
funds made available under this heading are available to pay
the United States share of the cost of court monitoring that is
part of any United Nations peacekeeping mission.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$27,244,000.
CONSTRUCTION
For detailed plan preparation and construction of
authorized projects, $5,310,000, to remain available until
expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized by
Public Law 103-182, $9,594,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the
International Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$21,982,000: Provided, That the United States' share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
Other
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $13,000,000, to remain
available until expended, as authorized.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE
For a grant to the Center for Middle Eastern-Western
Dialogue Trust Fund, $6,750,000, for operation of the Center
for Middle Eastern-Western Dialogue in Istanbul, Turkey, to
remain available until expended.
In addition, for the operations of the Steering Committee
of the Center for Middle Eastern-Western Dialogue, $250,000, to
remain available until expended.
In addition, for necessary expenses of the Center for
Middle Eastern-Western Dialogue Trust Fund, the total amount of
the interest and earnings accruing to such Fund before October
1, 2005, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2005, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2005, to remain
available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $19,500,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $60,000,000 to remain available until
expended.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, installation,
rent, and improvement of facilities for radio and television
transmission and reception to Cuba, and to make and supervise
grants for radio and television broadcasting to the Middle
East, $591,000,000, of which $27,629,000 is for Broadcasting to
Cuba: Provided, That of the total amount in this heading, not
to exceed $16,000 may be used for official receptions within
the United States as authorized, not to exceed $35,000 may be
used for representation abroad as authorized, and not to exceed
$39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition,
notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from
cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the Voice
of America and the International Broadcasting Bureau, to remain
available until expended for carrying out authorized purposes.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized,
$8,560,000, to remain available until expended, as authorized.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United
States Code; for services as authorized by 5 U.S.C. 3109; and
for hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers:
Provided further, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board of
Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
Sec. 404. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 406 of
division B of Public Law 108-7 to coordinate agency activities
regarding policies (including grants and grant policies)
involving the international trafficking in persons, shall
coordinate all such policies related to the activities of
traffickers and victims of severe forms of trafficking.
(b) None of the funds provided in this or any other Act
shall be expended to perform functions that duplicate
coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to
the authorities that appointed them pursuant to section 406 of
division B of Public Law 108-7.
Sec. 405. (a) Subsection (b) of section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is
amended--
(1) in paragraph (5) by striking ``or'' at the end;
(2) in paragraph (6) by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new
paragraph:
``(7) the disruption of financial mechanisms of a
foreign terrorist organization, including the use by
the organization of illicit narcotics production or
international narcotics trafficking--
``(A) to finance acts of international
terrorism; or
``(B) to sustain or support any terrorist
organization.''.
(b) Subsection (e)(1) of such section is amended--
(1) by striking ``$5,000,000'' and inserting
``$25,000,000'';
(2) by striking the second period at the end; and
(3) by adding at the end the following new
sentence: ``Without first making such determination,
the Secretary may authorize a reward of up to twice the
amount specified in this paragraph for the capture or
information leading to the capture of a leader of a
foreign terrorist organization.''.
(c) Subsection (e) of such section is amended by adding at
the end the following new paragraph:
``(6) Forms of reward payment.--The Secretary may
make a reward under this section in the form of money,
a nonmonetary item (including such items as automotive
vehicles), or a combination thereof.''.
(d) Such section is amended--
(1) by redesignating subsections (i) and (j) as
subsections (j) and (k), respectively; and
(2) by inserting after subsection (h) the following
new subsection:
``(i) Media Surveys and Advertisements.--
``(1) Surveys conducted.--For the purpose of more
effectively disseminating information about the rewards
program, the Secretary may use the resources of the
rewards program to conduct media surveys, including
analyses of media markets, means of communication, and
levels of literacy, in countries determined by the
Secretary to be associated with acts of international
terrorism.
``(2) Creation and purchase of advertisements.--The
Secretary may use the resources of the rewards program
to create advertisements to disseminate information
about the rewards program. The Secretary may base the
content of such advertisements on the findings of the
surveys conducted under paragraph (1). The Secretary
may purchase radio or television time, newspaper space,
or make use of any other means of advertisement, as
appropriate.''.
(e) Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the
Committees on Appropriations of the House of Representatives
and of the Senate, the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate a plan to maximize awareness of the
reward available under section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708 et seq.) for the
capture or information leading to the capture of a leader of a
foreign terrorist organization who may be in Pakistan or
Afghanistan. The Secretary may use the resources of the rewards
program to prepare the plan.
Sec. 406. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
Sec. 407. The Secretary of State shall provide to a member
of the Committee on Appropriations of the Senate or the
Committee on Appropriations of the House of Representatives a
copy of each cable sent to or by a Department of State employee
that pertains to any topic specified by the requesting member,
regardless of the level of classification of the cable, not
later than 15 days after the date on which the member makes a
written or verbal request for such copies.
Sec. 408. There is established within the Department of
State the Office of the Coordinator for Reconstruction and
Stabilization: Provided, That the head of the Office shall be
the Coordinator for Reconstruction and Stabilization, who shall
report directly to the Secretary of State: Provided further,
That the functions of the Office of the Coordinator for
Reconstruction and Stabilization shall include--
(1) cataloguing and monitoring the non-military
resources and capabilities of Executive agencies (as
that term is defined in section 105 of title 5, United
States Code), State and local governments, and entities
in the private and non-profit sectors that are
available to address crises in countries or regions
that are in, or are in transition from, conflict or
civil strife;
(2) monitoring political and economic instability
worldwide to anticipate the need for mobilizing United
States and international assistance for countries or
regions described in paragraph (1);
(3) assessing crises in countries or regions
described in paragraph (1) and determining the
appropriate non-military United States, including but
not limited to demobilization, policing, human rights
monitoring, and public information efforts;
(4) planning for response efforts under paragraph
(3);
(5) coordinating with relevant Executive agencies
the development of interagency contingency plans for
such response efforts; and
(6) coordinating the training of civilian personnel
to perform stabilization and reconstruction activities
in response to crises in such countries or regions
described in paragraph (1).
Sec. 409. (a) The Secretary of State shall require each
chief of mission to review, not less than once every 5 years,
every staff element under chief of mission authority, including
staff from other departments or agencies of the United States,
and recommend approval or disapproval of each staff element.
Each such review shall be conducted pursuant to a process
established by the President for determining appropriate
staffing at diplomatic missions and overseas constituent posts
(commonly referred to as the ``NSDD-38 process'').
(b) The Secretary of State, as part of the process
established by the President referred to in subsection (a),
shall take actions to carry out the recommendations made in
each such review.
(c) Not later than one year after the date of enactment of
this Act, and annually thereafter, the Secretary of State shall
submit a report on such reviews that occurred during the
previous 12 months, together with the Secretary's
recommendations regarding such reviews to the appropriate
committees of Congress, the heads of all affected departments
or agencies, and the Inspector General of the Department of
State.
Sec. 410. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 411. During fiscal year 2005, section 404(b)(2)(B) of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236; 22 U.S.C. 287e note), shall be
administered as though the matter following clause (iii) reads
as follows:
``(v) For assessments made during
calendar year 2005, 27.1 percent.''.
Sec. 412. (a) Section 402(a) of the Foreign Service Act of
1980 (22 U.S.C. 3962(a)) is amended--
(1) in paragraph (1), by striking the second and
third sentences and inserting the following new
sentences: ``The President shall also prescribe ranges
of basic salary rates for each class. Except as
provided in paragraph (3), basic salary rates for the
Senior Foreign Service may not exceed the maximum rate
or be less than the minimum rate of basic pay payable
for the Senior Executive Service under section 5382 of
title 5, United States Code.''; and
(2) by striking paragraph (2) and inserting the
following new paragraphs:
``(2) The Secretary shall determine which basic salary rate
within the ranges prescribed by the President under paragraph
(1) shall be paid to each member of the Senior Foreign Service
based on individual performance, contribution to the mission of
the Department, or both, as determined under a rigorous
performance management system. Except as provided in
regulations prescribed by the Secretary and, to the extent
possible, consistent with regulations governing the Senior
Executive Service, the Secretary may adjust the basic salary
rate of a member of the Senior Foreign Service not more than
once during any 12-month period.
``(3) Upon a determination by the Secretary that the Senior
Foreign Service performance appraisal system, as designed and
applied, makes meaningful distinctions based on relative
performance--
``(A) the maximum rate of basic pay payable for the
Senior Foreign Service shall be level II of the
Executive Schedule; and
``(B) the applicable aggregate pay cap shall be
equivalent to the aggregate pay cap set forth in
section 5307(d)(1) of title 5, United States Code, for
members of the Senior Executive Service.''.
(b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is
amended by inserting before the period the following: ``, or
the limitation under section 402(a)(3), whichever is higher''.
(c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is
amended by striking ``shall not exceed the annual rate of pay
payable for level I of such Executive Schedule'' and inserting
``shall be subject to the limitation on certain payments under
section 5307 of title 5, United States Code, or the limitation
under section 402(a)(3), whichever is higher''.
Sec. 413. (a) Section 2 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669) is amended by adding
at the end the following:
``(o) make administrative corrections or adjustments to an
employee's pay, allowances, or differentials, resulting from
mistakes or retroactive personnel actions, as well as provide
back pay and other categories of payments under section 5596 of
title 5, United States Code, as part of the settlement or
compromise of administrative claims or grievances filed against
the Department.''.
(b) Such section is further amended--
(1) in subsection (k), by striking ``and'';
(2) by transferring subsection (m) within such
section to appear after subsection (l);
(3) in subsections (l) and (m), by striking the
period at the end of each subsection and inserting a
semicolon; and
(4) in subsection (n), by striking the period at
the end and inserting a semicolon and ``and''.
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2005''.
TITLE V--RELATED AGENCIES
Antitrust Modernization Commission
salaries and expenses
For necessary expenses of the Antitrust Modernization
Commission, as authorized by Public Law 107-273, $1,187,000, to
remain available until expended.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $499,000, as authorized by section
1303 of Public Law 99-83.
Commission on Civil Rights
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,000,000, to remain available until expended:
Provided, That in fiscal year 2005, the Commission may procure
temporary services for the purpose of conducting a study on
conditions of the right to freedom of religion or belief in
North Korea, notwithstanding Section 208(c)(1) of Public Law
105-292 (22 U.S.C. 6435a(c)(1)).
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,831,000, to remain available until expended as authorized by
section 3 of Public Law 99-7.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$1,900,000, including not more than $3,000 for the purpose of
official representation, to remain available until expended:
Provided, That $100,000 shall be for the Political Prisoner
Database.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964 (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
non-monetary awards to private citizens; and not to exceed
$33,000,000 for payments to State and local enforcement
agencies for services to the Commission pursuant to title VII
of the Civil Rights Act of 1964, sections 6 and 14 of the Age
Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$331,228,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations have been
notified of such proposals, in accordance with the
reprogramming provisions of section 605 of this Act: Provided
further, That the Commission shall not have fewer field
position in fiscal year 2005 than in fiscal year 2004.
Federal Communications Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase and hire of motor vehicles;
special counsel fees; and services as authorized by 5 U.S.C.
3109, $281,098,000: Provided, That $280,098,000 of offsetting
collections shall be assessed and collected pursuant to section
9 of title I of the Communications Act of 1934, shall be
retained and used for necessary expenses in this appropriation,
and shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2005 so
as to result in a final fiscal year 2005 appropriation
estimated at $1,000,000: Provided further, That any offsetting
collections received in excess of $280,098,000 in fiscal year
2005 shall remain available until expended, but shall not be
available for obligation until October 1, 2005: Provided
further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds
from the use of a competitive bidding system that may be
retained and made available for obligation shall not exceed
$85,000,000 for fiscal year 2005.
Federal Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses, $205,430,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed
$101,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation: Provided
further, That $21,901,000 in offsetting collections derived
from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telephone Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during
fiscal year 2005, so as to result in a final fiscal year 2005
appropriation from the general fund estimated at not more than
$82,529,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to
enforce subsection (e) of section 43 of the Federal Deposit
Insurance Act (12 U.S.C. 1831t) or section 151(b)(2) of the
Federal Deposit Insurance Corporation Improvement Act of 1991
(12 U.S.C. 1831t note).
HELP Commission
SALARIES AND EXPENSES
For necessary expenses of the HELP Commission, $1,000,000,
to remain available until expended.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$335,282,000, of which $316,604,000 is for basic field programs
and required independent audits; $2,573,000 is for the Office
of Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients;
$13,000,000 is for management and administration; $1,272,000 is
for client self-help and information technology; and $1,833,000
is for grants to offset losses due to census adjustments:
Provided, That not to exceed $1,000,000 from amounts previously
appropriated under this heading may be used for a student loan
repayment pilot program.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2004 and 2005, respectively, and
except that section 501(a)(1) of Public Law 104-134 (110 Stat.
1321-51, et seq.) shall not apply to the use of the $1,833,000
to address loss of funding due to Census-based reallocations.
Marine Mammal Commission
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $1,890,000.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of
the Small Business Act, $2,000,000, to remain available until
expended.
Securities and Exchange Commission
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,000
for official reception and representation expenses,
$913,000,000, to remain available until expended; of which not
to exceed $10,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by
the Commission with foreign governmental and other regulatory
officials, members of their delegations, appropriate
representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the
development of foreign securities markets, such expenses to
include necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (1) such
incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence:
Provided, That fees and charges authorized by sections 6(b) of
the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), and
13(e), 14(g) and 31 of the Securities Exchange Act of 1934 (15
U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this
account as offsetting collections: Provided further, That not
to exceed $856,000,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account: Provided further, That $57,000,000 shall be derived
from prior year unobligated balances from funds previously
appropriated to the Securities and Exchange Commission:
Provided further, That the total amount appropriated under this
heading from the general fund for fiscal year 2005 shall be
reduced as such offsetting fees are received so as to result in
a final total fiscal year 2005 appropriation from the general
fund estimated at not more than $0.
Not later than May 1, 2005, the Securities and Exchange
Commission shall submit a report to the Committee on
Appropriations of the Senate that provides a justification for
final rules issued by the Commission on June 30, 2004 (amending
title 17, Code of Federal Regulations, Parts 239, 240, and
274), requiring that the chair of the board of directors of a
mutual fund be an independent director: Provided, That such
report shall analyze whether mutual funds chaired by
disinterested directors perform better, have lower expenses, or
have better compliance records than mutual funds chaired by
interested directors: Provided further, That the Securities and
Exchange Commission shall act upon the recommendations of such
report not later than January 1, 2006.
Small Business Administration
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 106-
554, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for
official reception and representation expenses, $322,335,000:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activities:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriations: Provided further, That
$89,000,000 shall be available to fund grants for performance
in fiscal year 2005 or fiscal year 2006 as authorized: Provided
further, That the Small Business Administration is authorized
to award grants under the Women's Business Center
Sustainability Pilot Program established by section 4(a) of
Public Law 106-165 (15 U.S.C. 656(l)): Provided further, That,
of the amounts provided for Women's Business Centers, not less
than 48 percent shall be available to continue Women's Business
Centers in sustainability status.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $13,014,000.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment
Act, as amended, $2,900,000, to remain available until
expended.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $1,455,000, to remain
available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That subject to section 502 of the Congressional
Budget Act of 1974, during fiscal year 2005 commitments to
guarantee loans under section 503 of the Small Business
Investment Act of 1958, shall not exceed $5,000,000,000:
Provided further, That subsection 503(f) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(f)), as amended by
section 2 of Public Law 108-217, is further amended by striking
``October 1, 2004'' and inserting ``October 1, 2005'': Provided
further, That during fiscal year 2005 commitments for general
business loans authorized under section 7(a) of the Small
Business Act, shall not exceed $16,000,000,000: Provided
further, That during fiscal year 2005 commitments to guarantee
loans for debentures and participating securities under section
303(b) of the Small Business Investment Act of 1958, shall not
exceed the levels established by section 20(i)(1)(C) of the
Small Business Act: Provided further, That during fiscal year
2005 guarantees of trust certificates authorized by section
5(g) of the Small Business Act shall not exceed a principal
amount of $10,000,000,000.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $126,653,000, which may be
transferred to and merged with the appropriations for Salaries
and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan
program authorized by section 7(b), of the Small Business Act,
$113,159,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, of which $500,000 is
for the Office of Inspector General of the Small Business
Administration for audits and reviews of disaster loans and the
disaster loan program and shall be transferred to and merged
with appropriations for the Office of Inspector General; of
which $104,409,000 is for direct administrative expenses of
loan making and servicing to carry out the direct loan program,
to remain available until expended; and of which $8,250,000 is
for indirect administrative expenses: Provided, That any amount
in excess of $8,250,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect
administrative expenses shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1992 (Public Law 102-572), $2,613,000: Provided, That not to
exceed $2,500 shall be available for official reception and
representation expenses.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, $3,000,000, including not more
than $5,000 for the purpose of official representation, to
remain available until expended.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $23,000,000: Provided, That $1,500,000 is for necessary
expenses for the Task Force on the United Nations: Provided
further, That the Task Force on the United Nations shall submit
a report on its findings to the Committees on Appropriations of
the House of Representatives and Senate not later than 180 days
after the date of the enactment of this Act.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under Section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-199; 118 Stat. 448), $100,000, to remain
available until expended.
TITLE VI--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2005, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes or renames offices; (6) reorganizes
programs or activities; or (7) contracts out or privatizes any
functions or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2005, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $750,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings,
including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or
projects as approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
Sec. 606. Hereafter, none of the funds made available in
this Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization of
vessels for the National Oceanic and Atmospheric Administration
in shipyards located outside of the United States.
Sec. 607. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harassment
based on religion, when it is made known to the Federal entity
or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
Sec. 608. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds that: (1) the United Nations undertaking is a
peacekeeping mission; (2) such undertaking will involve United
States Armed Forces under the command or operational control of
a foreign national; and (3) the President's military advisors
have not submitted to the President a recommendation that such
involvement is in the national security interests of the United
States and the President has not submitted to the Congress such
a recommendation.
Sec. 610. The Departments of Commerce, Justice, and State,
the Judiciary, the Federal Communications Commission, the
Securities and Exchange Commission and the Small Business
Administration shall provide to the Committees on
Appropriations of the Senate and of the House of
Representatives a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such
agency during any previous fiscal year.
Sec. 611. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2005.
Sec. 612. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not beavailable for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 613. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 614. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2005.
Sec. 615. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in
connection with the implementation of subsection 922(t)
of title 18, United States Code; and
(2) any system to implement subsection 922(t) of
title 18, United States Code, that does not require and
result in the destruction of any identifying
information submitted by or on behalf of any person who
has been determined not to be prohibited from
possessing or receiving a firearm no more than 24 hours
after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g)
or (n) of section 922 of title 18, United States Code,
or State law.
Sec. 616. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under 42
U.S.C. 10601 in any fiscal year in excess of $625,000,000 shall
not be available for obligation until the following fiscal
year.
Sec. 617. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 618. None of the funds appropriated or otherwise made
available to the Department of State shall be available for the
purpose of granting either immigrant or nonimmigrant visas, or
both, consistent with the determination of the Secretary of
State under section 243(d) of the Immigration and Nationality
Act, to citizens, subjects, nationals, or residents of
countries that the Secretary of Homeland Security has
determined deny or unreasonably delay accepting the return of
citizens, subjects, nationals, or residents under that section.
Sec. 619. (a) For additional amounts under the heading
``Small Business Administration, Salaries and Expenses'',
$500,000 shall be available for the Adelante Development
Center, Inc.; $150,000 shall be available for the Advanced
Polymer Processing Institute; $150,000 shall be available for
the Alaska Procurement Technical Assistance Center; $250,000
shall be available for Business and Professional Women of
Alaska; $75,000 shall be available for the Center for Applied
Research and Economic Development at the University of Southern
Indiana; $300,000 shall be available for the Center for
Emerging Technologies; $225,000 shall be available for the
Center for Entrepreneurship and Technology at the Nevada
Commission for Economic Development; $100,000 shall be
available for the Central Connecticut State University
Institute of Technology and Business Development; $600,000
shall be available for the Des Moines Higher Education
Pappajohn Center; $150,000 shall be available for the East
Central Indiana Business Incubator at Ball State University;
$100,000 shall be available for the Entrepreneurial Venture
Assistance Demonstration Project at the Iowa Department of
Economic Development; $75,000 shall be available for the Idaho
Virtual Incubator at Lewis-Clark State College for an E-
Commerce Certification program; $600,000 shall be available for
the Industrial Outreach Service at Mississippi State
University; $2,000,000 shall be available for the Innovation
and Commercialization Center at the University of Southern
Mississippi; $100,000 shall be available for the Kennebec
Valley Council of Governments' Business Development Program;
$100,000 shall be available for the Knoxville College Small
Business Incubator Program; $250,000 shall be available for the
Louisiana State University Law School's Latin American
Commercial Law Program; $250,000 shall be available for the
Minority Business Development Center at Alcorn State
University; $600,000 shall be available for the Mississippi
Technology Alliance; $200,000 shall be available for the
Montana Department of Commerce for a State government
information sharing initiative; $125,000 shall be available for
the Myrtle Beach International Trade and Convention Center;
$250,000 shall be available for the Nanotechnology Research
Program at the Oregon Health and Science University; $550,000
shall be available for the New Product Development and
Commercialization Center for Rural Manufacturers; $125,000
shall be available for the New Hampshire Women's Business
Center; $500,000 shall be available for Operation Safe
Commerce; $200,000 shall be available for the Southern
University Foundation's Martin Luther King Initiative; $75,000
shall be available for Technology 2020; $1,000,000 shall be
available for the Technology Venture Center/InvestNet
Partnership for Alaska and Montana; $500,000 shall be available
for the Textile Marking System; $300,000 shall be available for
the Towson University International Business Incubator;
$1,000,000 shall be available for the Tuck School of Business/
MBDA Partnership; $325,000 shall be available for the
University of Colorado Nanotechnology and Characterization
Facility; $8,000,000 shall be available for the University of
South Carolina Thomas Cooper Library; $100,000 shall be
available for the Virginia Electronic Commerce Technology
Center at Christopher Newport University; $125,000 shall be
available for the Women's Business Development Center in
Stamford, Connecticut; and $100,000 shall be available for the
World Trade Center of Greater Philadelphia; $50,000 shall be
available for a grant to the Center for Excellence in
Education; $100,000 shall be available for a grant to The Cedar
Creek Battlefield Foundation; $100,000 shall be available for a
grant to Belle Grove Plantation; $150,000 shall be available
for a grant to the City of Manassas Park for economic
development; $100,000 shall be available for a grant to the
Shenandoah Valley Travel Association; $1,200,000 shall be
available for a grant to Shenandoah University to develop a
facility for a business program; $115,000 shall be available
for a grant to Economic Alliance Houston Port Region; $20,000
shall be available for a grant to the Town of South Boston,
Virginia, for small business development; $100,000 shall be
available for a grant to Patrick Henry Community College for a
workforce training program; $100,000 shall be available for a
grant for Danville Community College for a workforce training
program; $1,000,000 shall be available for a grant to the
University of Illinois for the Information Trust Institute
initiative; $500,000 shall be available for a grant to
Wittenberg University for a technology initiative; $500,000
shall be available for a grant to the Dayton Development
Coalition; $250,000 shall be available for a grant for REI
Rural Business Resources Center in Seminole, Oklahoma; $50,000
shall be available for a grant to Experience Works to expand
opportunities for older workers; $50,000 shall be available for
a grant to Project Listo for workforce development and
procurement opportunities;$100,000 shall be available for a
grant to North Iowa Area Community College for a small business
incubator; $450,000 shall be available for a grant to California State
University, in San Bernardino, California, for development of the
Center for the Commercialization of Advanced Technology; $50,000 shall
be available for a grant to Rowan University for a workforce training
program; $200,000 shall be available for a grant to the Freeport
Downtown Development Foundation for a small business economic
development initiative; $1,500,000 shall be available for a grant to
the Rockford Area Convention and Visitors Bureau for a manufacturing
program; $200,000 shall be available for a grant to Jefferson County
Development Council; $200,000 shall be available for a grant to
Clearfield County Economic Development Corporation; $500,000 shall be
available for a grant to the Columbus College of Art and Design for
facilities development to build partnerships with businesses; $115,000
shall be available for a grant to Ohio Business Connection; $1,000,000
shall be available for a grant to the Southern and Eastern Kentucky
Tourism Development Association; $500,000 shall be available for a
grant to the Bridgeport Regional Business Council for an economic
integration initiative; $100,000 shall be available for a grant to
Cedarbridge Development Corporation for a redevelopment initiative;
$900,000 shall be available for a grant to Western Carolina University
for a computer engineering program; $100,000 shall be available for a
grant to Asheville-Buncombe Technical Community College for an economic
development initiative; $100,000 shall be available for a grant to
Jubilee Homes for the Southwest Economic Business Resource Center;
$400,000 shall be available for a grant for the Connect the Valley
initiative; $400,000 shall be available for a grant to the University
of Tennessee Corridor Initiative; $500,000 shall be available for a
grant to the Illinois Institute for Technology to examine and assess
advancements in biotechnologies; $250,000 shall be available for a
grant to the City of Largo, Florida, for business information; $250,000
shall be available for a grant to Pro Co Technology, Inc. in the Bronx,
New York, for a computer training center; $50,000 shall be available
for a grant for the Promesa Foundation in the Bronx, New York, to
provide community growth funding; $200,000 shall be available for a
grant to Bronx Shepherds for community programs; $150,000 shall be
available for a grant to HOGAR, Inc. in the Bronx, New York; $200,000
shall be available for a grant to Promesa Enterprises to provide
services and support to community based organizations in the Bronx, New
York; $200,000 for the Arthur Avenue Retail Market in the Bronx, New
York, for facility, improvement, and maintenance needs to meet the
Market's business requirements; $200,000 shall be available for a grant
to Pregones Theater in the Bronx, New York for business infrastructure;
$200,000 shall be available for a grant to Presbyterian Senior Services
for their Grandparent Family Apartments project and programs in the
Bronx, New York; $100,000 shall be available for a grant to Thorpe
Family Residence, Inc. to continue its services and programs in the
Bronx, New York; $100,000 shall be available for a grant to the Puerto
Rican Traveling Theater in the Bronx, New York for outreach and
programs; $100,000 shall be available for Casita Maria's Career and
College Placement Preparation to be implemented in coordination with
business partners in New York City; $1,100,000 shall be available for a
grant to the MountainMade Foundation to fulfill its charter purposes
and to continue the initiative developed by the NTTC for outreach and
promotion, business and sites development, the education of artists and
craftspeople, and to promote small businesses, artisans and their
products through market development, advertisement, commercial sale and
other promotional means; $1,000,000 shall be available for a grant for
Northwest Shoals Community College to complete the Center for Business
and Industry; $1,000,000 shall be available for the Rhode Island School
of Design in Providence, Rhode Island for the continued modernization
of the Mason Building; $1,000,000 shall be available for a grant to the
Norwegian American Foundation to fulfill its charter purposes; $750,000
shall be available for a grant to St. Mary's College for a
telecommunications initiative; $400,000 shall be available for a grant
to the Economic Growth Council Procurement Assistance Program; $500,000
shall be available for a grant to Johnstown Area Regional Industries in
Pennsylvania for an enhanced economic development initiative; $300,000
shall be available for a grant to the Good Old Lower East Side
organization for a small business economic development initiative for
the Lower East Side, New York; $200,000 shall be available for a grant
for the Sunnyside Chamber of Commerce to conduct a redevelopment study
for Sunnyside, Queens, NY and to implement improvements.
(b) Section 621 of Division B of Public Law 108-199 is
amended--
(1) by striking ``$1,000,000 shall be available for
the Providence, Rhode Island Center for Women and
Enterprise for infrastructure development;'' and
inserting ``$100,000 shall be available for the
Providence, Rhode Island Center for Women and
Enterprise for small business development programs and
infrastructure development; $900,000 shall be available
for the Rhode Island School of Design in Providence,
Rhode Island for the continued modernization of the
Mason Building;'',
(2) by inserting ``for the purpose of conducting
the program and providing financial assistance'' after
``the Economic Growth Connection Paperless Procurement
Program'', and
(3) by inserting ``and to implement improvements''
after ``the Ridgewood Myrtle Avenue Business
Improvement District to conduct a redevelopment
study''.
Sec. 620. All disaster loans issued in Alaska shall be
administered by the Small Business Administration and shall not
be sold during fiscal year 2005.
Sec. 621. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 622. The Departments of Commerce, Justice, State, the
Judiciary, the Securities and Exchange Commission and the Small
Business Administration shall, not later than two months after
the date of the enactment of this Act, certify that
telecommuting opportunities are made available to 100 percent
of the eligible workforce: Provided, That, of the total amounts
appropriated to the Departments of Commerce, Justice, State,
the Judiciary, the Securities and Exchange Commission and the
Small Business Administration, $5,000,000 shall be available
only upon such certification: Provided further, That each
Department or agency shall provide quarterly reports to the
Committees on Appropriations on the status of telecommuting
programs, including the number of Federal employees eligible
for, and participating in, such programs: Provided further,
That each Department or agency shall designate a ``Telework
Coordinator'' to be responsible for overseeing the
implementation and operations of telecommuting programs, and
serve as a point of contact on such programs for the Committees
on Appropriations.
Sec. 623. With the consent of the President, the Secretary
of Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the
Secretary of Commerce shall be responsible for the development
and interdepartmental coordination of the policies of the
United States with respect to the international negotiations
and agreements referred to in this section.
Sec. 624. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released without
adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law
enforcement authorities in conducting investigations by
tracking the sale and possession of specific firearms.
Law enforcement agencies may request firearms traces
for any reason, and those reasons are not necessarily
reported to the Federal Government. Not all firearms
used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen
for purposes of determining which types, makes or
models of firearms are used for illicit purposes. The
firearms selected do not constitute a random sample and
should not be considered representative of the larger
universe of all firearms used by criminals, or any
subset of that universe. Firearms are normally traced
to the first retail seller, and sources reported for
firearms traced do not necessarily represent the
sources or methods by which firearms in general are
acquired for use in crime.
Sec. 625. None of the funds made available in this Act may
be used in violation of section 212(a)(10)(C) of the
Immigration and Nationality Act.
Sec. 626. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
Sec. 627. None of the funds made available in this Act may
be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations
if such commission is chaired or presided over by a country,
the government of which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)), has provided support
for acts of international terrorism.
Sec. 628. (a) The Department of Justice, the Department of
Homeland Security, and the Department of State shall jointly
conduct a thorough study of all matters relating to the
efficiency and effectiveness of the interagency process used to
review applications for nonimmigrant visas issued under section
221(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1201(a)(1)(B)). The Department of Justice, the Department of
Homeland Security, and the Department of State shall, in
conducting this study, develop recommendations on--
(1) clearance procedures for nonimmigrant visas
that should be eliminated;
(2) such procedures that should be continued;
(3) the appropriate Federal agencies or departments
or entities that should participate in each such
procedure; and
(4) legislation that could be enacted to increase
the efficiency and effectiveness of such procedures.
(b) Not later than 1 year after the date of enactment of
this Act, the Department of Justice, the Department of Homeland
Security, and the Department of State shall jointly submit a
report to the Committees on Appropriations of the Senate and
House of Representatives which shall contain a detailed
statement of the findings and conclusions of the study referred
to in subsection (a), together with recommendations for such
legislation and administrative actions as the Department of
Justice, the Department of Homeland Security, and the
Department of State consider appropriate. The report may be
submitted in a classified and unclassified form.
Sec. 629. Section 604 of the Secure Embassy Construction
and Counterterrorism Act of 1999 (title VI of division A of
H.R. 3427, as enacted by section 1000(a)(7) of Public Law 106-
113) is amended by adding the following new subsection at the
end:
``(e) Capital Security Cost Sharing.--
``(1) Authority.--Notwithstanding any other
provision of law, all agencies with personnel overseas
subject to chief of mission authority pursuant to
section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927) shall participate and provide funding in
advance for their share of costs of providing new,
safe, secure United States diplomatic facilities,
without offsets, on the basis of the total overseas
presence of each agency as determined annually by the
Secretary of State in consultation with such agency.
Amounts advanced by such agencies to the Department of
State shall be credited to the Embassy Security,
Construction and Maintenance account, and remain
available until expended.
``(2) Implementation.--Implementation of this
subsection shall be carried out in a manner that
encourages right-sizing of each agency's overseas
presence.
``(3) Exclusion.--For purposes of this subsection
`agency' does not include the Marine Security Guard.''.
Sec. 630. (a) Except as provided in subsection (b), a
project to construct a diplomatic facility of the United States
may not include office space or other accommodations for an
employee of a Federal agency or department if the Secretary of
State determines that such department or agency has not
provided to the Department of State the full amount of funding
required by subsection (e) of section 604 of the Secure Embassy
Construction and Counterterrorism Act of 1999 (as enacted into
law by section 1000(a)(7) of Public Law 106-113 and contained
in appendix G of that Act; 113 Stat. 1501A-453), as added by
section 629 of this Act.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States
may include office space or other accommodations for members of
the Marine Corps.
Sec. 631. It is the sense of the Congress that the
Secretary of State, at the most immediate opportunity, should--
(1) make a determination as to whether recent
events in the Darfur region of Sudan constitute
genocide as defined in the Convention on the Prevention
and Punishment of the Crime of Genocide; and
(2) support the investigation and prosecution of
war crimes and crimes against humanity committed in the
Darfur region of Sudan.
Sec. 632. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 633. (a) Section 111(b) of Public Law 102-395 (21
U.S.C. 886a) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), and indenting
accordingly;
(2) in subparagraph (B), as redesignated, by
striking ``program.'' and inserting ``program. Such
reimbursements shall be made without distinguishing
between expenses related to controlled substance
activities and expenses related to chemical
activities.'';
(3) by striking ``There is established'' and
inserting the following: ``(1) In general.--There is
established''; and
(4) by adding at the end the following:
``(2) Definitions.--In this section:
``(A) Diversion control program.--The term
`diversion control program' means the
controlled substance and chemical diversion
control activities of the Drug Enforcement
Administration.
``(B) Controlled substance and chemical
diversion control activities.--The term
`controlled substance and chemical diversion
control activities' means those activities
related to the registration and control of the
manufacture, distribution, dispensing,
importation, and exportation of controlled
substances and listed chemicals.''.
(b) Section 301 of the Controlled Substances Act (21 U.S.C.
821) is amended by striking ``the registration and control of
regulated'' and all that follows through the period, and
inserting ``listed chemicals.''
(c) Section 1088(f) of the Controlled Substances Import and
Export Act (21 U.S.C. 958(f)) is amended--
(1) by inserting ``and control'' after ``the
registration''; and
(2) by striking ``list I chemicals under this
section.'' and inserting ``listed chemicals.''.
Sec. 634. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify, amend,
or change its rules or regulations for universal service
support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Sec. 635. The unobligated balance of the amount
appropriated by title V of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 798) for
necessary expenses of the United States-Canada Alaska Rail
Commission shall be transferred as a direct lump-sum payment to
the University of Alaska.
Sec. 636. Section 33(a) of the Small Business Act (15
U.S.C. 657c(a)) is amended by adding at the end the following:
``Notwithstanding any other provision of law, the Corporation
is a private entity and is not an agency, instrumentality,
authority, entity, or establishment of the United States
Government.''.
Sec. 637. Of the amounts made available in this Act,
$160,186,300 from ``Department of State''; $14,449,118 from
``Department of Justice''; $3,095,206 from ``Department of
Commerce''; $213,154 from ``United States Trade
Representative''; and $302,985 from ``Broadcasting Board of
Governors'' shall be available for the purposes of implementing
the Capital Security Cost Sharing program, as provided in
section 629 of the Act.
Sec. 638. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Federal Communications Commission may sell the monitoring
facilities in Honolulu, Hawaii, and Livermore, California,
including all real property: Provided, That any sale shall be
made in accordance with section 605 of this Act.
Sec. 639. None of the funds made available in this Act may
be used in contravention of the provisions of subsections (e)
and (f) of section 301 of the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
108-25; 22 U.S.C. 7631(e) and (f)).
Sec. 640. (a) There is hereby rescinded an amount equal to
0.54 percent of the budget authority provided for in fiscal
year 2005 for any discretionary account in this Act.
(b) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$60,000,000 are rescinded.
Legal Activities
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$61,800,000 are rescinded.
Office of Justice Programs
JUSTICE ASSISTANCE
(RESCISSION)
Of the unobligated balances available under this heading,
$1,619,000 are rescinded.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(RESCISSION)
Of the unobligated balances available under this heading,
$29,380,000 are rescinded.
COMMUNITY ORIENTED POLICING SERVICES
(RESCISSION)
Of the unobligated balances available under this heading,
$99,000,000 are rescinded.
JUVENILE JUSTICE
(RESCISSION)
Of the unobligated balances available under this heading,
$3,500,000 are rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this heading
for the Advanced Technology Program, $3,900,000 are rescinded.
RELATED AGENCIES
Federal Communications Commission
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$12,000,000 are rescinded.
TITLE VIII--PATENT AND TRADEMARK FEES
SEC. 801. FEES FOR PATENT SERVICES.
(a) General Patent Fees.--During fiscal years 2005 and
2006, subsection (a) of section 41 of title 35, United States
Code, shall be administered as though that subsection reads as
follows:
``(a) General Fees.--The Director shall charge the
following fees:
``(1) Filing and basic national fees.--
``(A) On filing each application for an
original patent, except for design, plant, or
provisional applications, $300.
``(B) On filing each application for an
original design patent, $200.
``(C) On filing each application for an
original plant patent, $200.
``(D) On filing each provisional
application for an original patent, $200.
``(E) On filing each application for the
reissue of a patent, $300.
``(F) The basic national fee for each
international application filed under the
treaty defined in section 351(a) of this title
entering the national stage under section 371
of this title, $300.
``(G) In addition, excluding any sequence
listing or computer program listing filed in an
electronic medium as prescribed by the
Director, for any application the specification
and drawings of which exceed 100 sheets of
paper (or equivalent as prescribed by the
Director if filed in an electronic medium),
$250 for each additional 50 sheets of paper (or
equivalent as prescribed by the Director if
filed in an electronic medium) or fraction
thereof.
``(2) Excess claims fees.--In addition to the fee
specified in paragraph (1)--
``(A) on filing or on presentation at any
other time, $200 for each claim in independent
form in excess of 3;
``(B) on filing or on presentation at any
other time, $50 for each claim (whether
dependent or independent) in excess of 20; and
``(C) for each application containing a
multiple dependent claim, $360.
For the purpose of computing fees under this paragraph,
a multiple dependent claim referred to in section 112
of this title or any claim depending therefrom shall be
considered as separate dependent claims in accordance
with the number of claims to which reference is made.
The Director may by regulation provide for a refund of
any part of the fee specified in this paragraph for any
claim that is canceled before an examination on the
merits, as prescribed by the Director, has been made of
the application under section 131 of this title. Errors
in payment of the additional fees under this paragraph
may be rectified in accordance with regulations
prescribed by the Director.
``(3) Examination fees.--
``(A) For examination of each application
for an original patent, except for design,
plant, provisional, or international
applications, $200.
``(B) For examination of each application
for an original design patent, $130.
``(C) For examination of each application
for an original plant patent, $160.
``(D) For examination of the national stage
of each international application, $200.
``(E) For examination of each application
for the reissue of a patent, $600.
The provisions of section 111(a) of this title
relating to the payment of the fee for filing the
application shall apply to the payment of the fee
specified in this paragraph with respect to an
application filed under section 111(a) of this title.
The provisions of section 371(d) of this title relating
to the payment of the national fee shall apply to the
payment of the fee specified in this paragraph with
respect to an international application.
``(4) Issue fees.--
``(A) For issuing each original patent,
except for design or plant patents, $1,400.
``(B) For issuing each original design
patent, $800.
``(C) For issuing each original plant
patent, $1,100.
``(D) For issuing each reissue patent,
$1,400.
``(5) Disclaimer fee.--On filing each disclaimer,
$130.
``(6) Appeal fees.--
``(A) On filing an appeal from the examiner
to the Board of Patent Appeals and
Interferences, $500.
``(B) In addition, on filing a brief in
support of the appeal, $500, and on requesting
an oral hearing in the appeal before the Board
of Patent Appeals and Interferences, $1,000.
``(7) Revival fees.--On filing each petition for
the revival of an unintentionally abandoned application
for a patent, for the unintentionally delayed payment
of the fee for issuing each patent, or for an
unintentionally delayed response by the patent owner in
any reexamination proceeding, $1,500, unless the
petition is filed under section 133 or 151 of this
title, in which case the fee shall be $500.
``(8) Extension fees.--For petitions for 1-month
extensions of time to take actions required by the
Director in an application--
``(A) on filing a first petition, $120;
``(B) on filing a second petition, $330;
and
``(C) on filing a third or subsequent
petition, $570.''.
(b) Patent Maintenance Fees.--During fiscal years 2005 and
2006, subsection (b) of section 41 of title 35, United States
Code, shall be administered as though that subsection reads as
follows:
``(b) Maintenance Fees.--The Director shall charge the
following fees for maintaining in force all patents based on
applications filed on or after December 12, 1980:
``(1) 3 years and 6 months after grant, $900.
``(2) 7 years and 6 months after grant, $2,300.
``(3) 11 years and 6 months after grant, $3,800.
Unless payment of the applicable maintenance fee is received in
the United States Patent and Trademark Officeon or before the
date the fee is due or within a grace period of 6 months thereafter,
the patent will expire as of the end of such grace period. The Director
may require the payment of a surcharge as a condition of accepting
within such 6-month grace period the payment of an applicable
maintenance fee. No fee may be established for maintaining a design or
plant patent in force.''.
(c) Patent Search Fees.--During fiscal years 2005 and 2006,
subsection (d) of section 41 of title 35, United States Code,
shall be administered as though that subsection reads as
follows:
``(d) Patent Search and Other Fees.--
``(1) Patent search fees.--
``(A) The Director shall charge a fee for
the search of each application for a patent,
except for provisional applications. The
Director shall establish the fees charged under
this paragraph to recover an amount not to
exceed the estimated average cost to the Office
of searching applications for patent either by
acquiring a search report from a qualified
search authority, or by causing a search by
Office personnel to be made, of each
application for patent. For the 3-year period
beginning on the date of enactment of this Act,
the fee for a search by a qualified search
authority of a patent application described in
clause (i), (iv), or (v) of subparagraph (B)
may not exceed $500, of a patent application
described in clause (ii) of subparagraph (B)
may not exceed $100, and of a patent
application described in clause (iii) of
subparagraph (B) may not exceed $300. The
Director may not increase any such fee by more
than 20 percent in each of the next three 1-
year periods, and the Director may not increase
any such fee thereafter.
``(B) For purposes of determining the fees
to be established under this paragraph, the
cost to the Office of causing a search of an
application to be made by Office personnel
shall be deemed to be--
``(i) $500 for each application for
an original patent, except for design,
plant, provisional, or international
applications;
``(ii) $100 for each application
for an original design patent;
``(iii) $300 for each application
for an original plant patent;
``(iv) $500 for the national stage
of each international application; and
``(v) $500 for each application for
the reissue of a patent.
``(C) The provisions of section 111(a)(3)
of this title relating to the payment of the
fee for filing the application shall apply to
the payment of the fee specified in this
paragraph with respect to an application filed
under section 111(a) of this title. The
provisions of section 371(d) of this title
relating to the payment of the national fee
shall apply to the payment of the fee specified
in this paragraph with respect to an
international application.
``(D) The Director may by regulation
provide for a refund of any part of the fee
specified in this paragraph for any applicant
who files a written declaration of express
abandonment as prescribed by the Director
before an examination has been made of the
application under section 131 of this title,
and for any applicant who provides a search
report that meets the conditions prescribed by
the Director.
``(E) For purposes of subparagraph (A), a
`qualified search authority' may not include a
commercial entity unless--
``(i) the Director conducts a pilot
program of limited scope, conducted
over a period of not more than 18
months, which demonstrates that
searches by commercial entities of the
available prior art relating to the
subject matter of inventions claimed in
patent applications--
``(I) are accurate; and
``(II) meet or exceed the
standards of searches conducted
by and used by the Patent and
Trademark Office during the
patent examination process;
``(ii) the Director submits a
report on the results of the pilot
program to Congress and the Patent
Public Advisory Committee that
includes--
``(I) a description of the
scope and duration of the pilot
program;
``(II) the identity of each
commercial entity participating
in the pilot program;
``(III) an explanation of
the methodology used to
evaluate the accuracy and
quality of the search reports;
and
``(IV) an assessment of the
effects that the pilot program,
as compared to searches
conducted by the Patent and
Trademark Office, had and will
have on--
``(aa)
patentability
determinations;
``(bb) productivity
of the Patent and
Trademark Office;
``(cc) costs to the
Patent and Trademark
Office;
``(dd) costs to
patent applicants; and
``(ee) other
relevant factors;
``(iii) the Patent Public Advisory
Committee reviews and analyzes the
Director's report under clause (ii) and
the results of the pilot program and
submits a separate report on its
analysis to the Director and the
Congress that includes--
``(I) an independent
evaluation of the effects that
the pilot program, as compared
to searches conducted by the
Patent and Trademark Office,
had and will have on the
factors set forth in clause
(ii)(IV); and
``(II) an analysis of the
reasonableness,
appropriateness, and
effectiveness of the methods
used in the pilot program to
make the evaluations required
under clause (ii)(IV); and
``(iv) Congress does not, during
the 1-year period beginning on the date
on which the Patent Public Advisory
Committee submits its report to the
Congress under clause (iii), enact a
law prohibiting searches by commercial
entities of the available prior art
relating to the subject matter of
inventions claimed in patent
applications.
``(F) The Director shall require that any
search by a qualified search authority that is
a commercial entity is conducted in the United
States by persons that--
``(i) if individuals, are United
States citizens; and
``(ii) if business concerns, are
organized under the laws of the United
States or any State and employ United
States citizens to perform the
searches.
``(G) A search of an application that is
the subject of a secrecy order under section
181 or otherwise involves classified
information may only be conducted by Office
personnel.
``(H) A qualified search authority that is
a commercial entity may not conduct a search of
a patent application if the entity has any
direct or indirect financial interest in any
patent or in any pending or imminent
application for patent filed or to be filed in
the Patent and Trademark Office.
``(2) Other fees.--The Director shall establish
fees for all other processing, services, or materials
relating to patents not specified in this section to
recover the estimated average cost to the Office of
such processing, services, or materials, except that
the Director shall charge the following fees for the
following services:
``(A) For recording a document affecting
title, $40 per property.
``(B) For each photocopy, $.25 per page.
``(C) For each black and white copy of a
patent, $3.
The yearly fee for providing a library specified in
section 12 of this title with uncertified printed
copies of the specifications and drawings for all
patents in that year shall be $50.''.
(d) Adjustments.--During fiscal years 2005 and 2006,
subsection (f) of section 41 of title 35, United States Code,
shall apply to the fees established under this section.
(e) Fees For Small Entities.--During fiscal years 2005 and
2006, subsection (h) of section 41 of title 35, United States
Code, shall be administered as though that subsection is
amended--
(1) in paragraph (1), by striking ``Fees charged
under subsection (a) or (b)'' and inserting ``Subject
to paragraph (3), fees charged under subsections (a),
(b), and (d)(1)''; and
(2) by adding at the end the following new
paragraph:
``(3) The fee charged under subsection (a)(1)(A)
shall be reduced by 75 percent with respect to its
application to any entity to which paragraph (1)
applies, if the application is filed by electronic
means as prescribed by the Director.''.
SEC. 802. ADJUSTMENT OF TRADEMARK FEES.
(a) Fee For Filing Application.--During fiscal years 2005
and 2006, under such conditions as may be prescribed by the
Director, the fee under section 31(a) of the Trademark Act of
1946 (15 U.S.C. 1113(a)) for: (a) the filing of a paper
application for the registration of a trademark shall be $375;
(b) the filing of an electronic application shall be $325; and
(c) the filing of an electronic application meeting certain
additional requirements prescribed by the Director shall be
$275. During fiscal years 2005 and 2006, the provisions of the
second and third sentences of section 31(a) of the Trademark
Act of 1946 shall apply to the fees established under this
section.
(b) Reference to Trademark Act of 1946.--For purposes of
this section, the ``Trademark Act of 1946'' refers to the Act
entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes.'', approved July 5, 1946 (15 U.S.C. 1051 et seq.).
SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION.
(a) Effective Date.--Except as otherwise provided in this
title (including this section), the provisions of this title
shall take effect on the date of the enactment of this Act and
shall apply only with respect to the remaining portion of
fiscal year 2005 and fiscal year 2006.
(b) Applicability.--
(1)(A) Except as provided in subparagraphs (B) and
(C), the provisions of section 801 shall apply to all
patents, whenever granted, and to all patent
applications pending on or filed after the effective
date set forth in subsection (a) of this section.
(B)(i) Except as provided in clause (ii),
subsections (a)(1) and (3) and (d)(1) of section 41 of
title 35, United States Code, as administered as
provided in this title, shall apply only to--
(I) applications for patents filed under
section 111 of title 35, United States Code, on
or after the effective date set forth in
subsection (a) of this section, and
(II) international applications entering
the national stage under section 371 of title
35, United States Code, for which the basic
national fee specified in section 41 of title
35, United States Code, was not paid before the
effective date set forth in subsection (a) of
this section.
(ii) Section 41(a)(1)(D) of title 35, United States
Code, as administered as provided in this title, shall
apply only to applications for patent filed under
section 111(b) of title 35, United States Code, before,
on, or after the effective date set forth in subsection
(a) of this section in which the filing fee specified
in section 41 of title 35, United States Code, was not
paid before the effective date set forth in subsection
(a) of this section.
(C) Section 41(a)(2) of title 35, United States
Code, as administered as provided in this title, shall
apply only to the extent that the number of excess
claims, after giving effect to any cancellation of
claims, is in excess of the number of claims for which
the excess claims fee specified in section 41 of title
35, United States Code, was paid before the effective
date set forth in subsection (a) of this section.
(2) The provisions of section 802 shall apply to
all applications for the registration of a trademark
filed or amended on or after the effective date set
forth in subsection (a) of this section.
(c) Transitional Provisions.--
(1) Search fees.--During fiscal years 2005 and
2006, the Director shall charge--
(A) for the search of each application for
an original patent, except for design, plant,
provisional, or international application,
$500;
(B) for the search of each application for
an original design patent, $100;
(C) for the search of each application for
an original plant patent, $300;
(D) for the search of the national stage of
each international application, $500; and
(E) for the search of each application for
the reissue of a patent, $500.
(2) Timing of fees.--The provisions of section
111(a)(3) of title 35, United States Code, relating to
the payment of the fee for filing the application shall
apply to the payment of the fee specified in paragraph
(1) with respect to an application filed under section
111(a) of title 35, United States Code. The provisions
of section 371(d) of title 35, United States Code,
relating to the payment of the national fee shall apply
to the payment of the fee specified in paragraph (1)
with respect to an international application.
SEC. 804. DEFINITION.
In this title, the term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
TITLE IX--OCEANS AND HUMAN HEALTH ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Oceans and Human Health
Act''.
SEC. 902. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM.
(a) Coordination.--The President, through the National
Science and Technology Council, shall coordinate and support a
national research program to improve understanding of the role
of the oceans in human health.
(b) Implementation Plan.--Within 1 year after the date of
enactment of this Act, the National Science and Technology
Council, through the Director of the Office of Science and
Technology Policy shall develop and submit to the Congress a
plan for coordinated Federal activities under the program.
Nothing in this subsection is intended to duplicate or
supersede the activities of the Inter-Agency Task Force on
Harmful Algal Blooms and Hypoxia established under section 603
of the Harmful Algal Bloom and Hypoxia Research and Control Act
of 1998 (16 U.S.C. 1451 note). In developing the plan, the
Committee will consult with the Inter-Agency Task Force on
Harmful Algal Blooms and Hypoxia. Such plan will build on and
complement the ongoing activities of the National Oceanic and
Atmospheric Administration, the National Science Foundation,
and other departments and agencies and shall--
(1) establish, for the 10-year period beginning in
the year it is submitted, the goals and priorities for
Federal research which most effectively advance
scientific understanding of the connections between the
oceans and human health, provide usable information for
the prediction of marine-related public health problems
and use the biological potential of the oceans for
development of new treatments of human diseases and a
greater understanding of human biology;
(2) describe specific activities required to
achieve such goals and priorities, including the
funding of competitive research grants, ocean and
coastal observations, training and support for
scientists, and participation in international research
efforts;
(3) identify and address, as appropriate, relevant
programs and activities of the Federal agencies and
departments that would contribute to the program;
(4) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to the program;
(5) consider and use, as appropriate, reports and
studies conducted by Federal agencies and departments,
the National Research Council, the Ocean Research
Advisory Panel, the Commission on Ocean Policy and
other expert scientific bodies;
(6) make recommendations for the coordination of
program activities with ocean and human health-related
activities of other national and international
organizations; and
(7) estimate Federal funding for research
activities to be conducted under the program.
(c) Program Scope.--The program may include the following
activities related to the role of oceans in human health:
(1) Interdisciplinary research among the ocean and
medical sciences, and coordinated research and
activities to improve understanding of processes within
the ocean that may affect human health and to explore
the potential contribution of marine organisms to
medicine and research, including--
(A) vector- and water-borne diseases of
humans and marine organisms, including marine
mammals and fish;
(B) harmful algal blooms and hypoxia
(through the Inter-Agency Task Force on Harmful
Algal Blooms and Hypoxia);
(C) marine-derived pharmaceuticals;
(D) marine organisms as models for
biomedical research and as indicators of marine
environmental health;
(E) marine environmental microbiology;
(F) bioaccumulative and endocrine-
disrupting chemical contaminants; and
(G) predictive models based on indicators
of marine environmental health or public health
threats.
(2) Coordination with the National Ocean Research
Leadership Council (10 U.S.C. 7902(a)) to ensure that
any integrated ocean and coastal observing system
provides information necessary to monitor and reduce
marine public health problems including health-related
data on biological populations and detection of
contaminants in marine waters and seafood.
(3) Development through partnerships among Federal
agencies, States, academic institutions, or non-profit
research organizations of new technologies and
approaches for detecting and reducing hazards to human
health from ocean sources and to strengthen
understanding of the value of marine biodiversity to
biomedicine, including--
(A) genomics and proteomics to develop
genetic and immunological detection approaches
and predictive tools and to discover new
biomedical resources;
(B) biomaterials and bioengineering;
(C) in situ and remote sensors used to
detect, quantify, and predict the presence and
spread of contaminants in marine waters and
organisms and to identify new genetic resources
for biomedical purposes;
(D) techniques for supplying marine
resources, including chemical synthesis,
culturing and aquaculturing marine organisms,
new fermentation methods and recombinant
techniques; and
(E) adaptation of equipment and
technologies from human health fields.
(4) Support for scholars, trainees and education
opportunities that encourage an interdisciplinary and
international approach to exploring the diversity of
life in the oceans.
(d) Annual Report.--Beginning with the first year occurring
more than 24 months after the date of enactment of this Act,
the National Science and Technology Council, through the
Director of the Office of Science and Technology Policy shall
prepare and submit to the President and the Congress not later
than January 31st of each year an annual report on the
activities conducted pursuant to this title during the
preceding fiscal year, including--
(1) a summary of the achievements of Federal oceans
and human health research, including Federally
supported external research, during the preceding
fiscal year;
(2) an analysis of the progress made toward
achieving the goals and objectives of the plan
developed under subsection (b), including
identification of trends and emerging trends;
(3) a copy or summary of the plan and any changes
made in the plan;
(4) a summary of agency budgets for oceans and
human health activities for that preceding fiscal year;
and
(5) any recommendations regarding additional action
or legislation that may be required to assist in
achieving the purposes of this title.
SEC. 903. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND
HUMAN HEALTH INITIATIVE.
(a) Establishment.--As part of the interagency oceans and
human health research program, the Secretary of Commerce is
authorized to establish an Oceans and Human Health Initiative
to coordinate and implement research and activities of the
National Oceanic and Atmospheric Administration related to the
role of the oceans, the coasts, and the Great Lakes in human
health. In carrying out this section, the Secretary shall
consult with other Federal agencies conducting integrated
oceans and human health research and research in related areas,
including the National Science Foundation. The Oceans and Human
Health Initiative is authorized to provide support for--
(1) centralized program and research coordination;
(2) an advisory panel;
(3) one or more National Oceanic and Atmospheric
Administration national centers of excellence;
(4) research grants; and
(5) distinguished scholars and traineeships.
(b) Advisory Panel.--The Secretary is authorized to
establish an oceans and human health advisory panel to assist
in the development and implementation of the Oceans and Human
Health Initiative. Membership of the advisory group shall
provide for balanced representation of individuals with multi-
disciplinary expertise in the marine and biomedical sciences.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the oceans and human health advisory panel.
(c) National Centers.--
(1) The Secretary is authorized to identify and
provide financial support through a competitive process
to develop, within the National Oceanic and Atmospheric
Administration, for one or more centers of excellence
that strengthen the capabilities of the National
Oceanic and Atmospheric Administration to carry out its
programs and activities related to the oceans' role in
human health.
(2) The centers shall focus on areas related to
agency missions, including use of marine organisms as
indicators for marine environmental health, ocean
pollutants, marine toxins and pathogens, harmful algal
blooms, hypoxia, seafood testing, identification of
potential marine products, and biology and pathobiology
of marine mammals, and on disciplines including marine
genomics, marine environmental microbiology, ecological
chemistry and conservation medicine.
(3) In selecting centers for funding, the Secretary
will give priority to proposals with strong
interdisciplinary scientific merit that encourage
educational opportunities and provide for effective
partnerships among the Administration, other Federal
entities, State, academic, non-profit research
organizations, medical, and industry participants.
(d) Extramural Research Grants.--
(1) The Secretary is authorized to provide grants
of financial assistance to the scientific community for
critical research and projects that explore the
relationship between the oceans and human health and
that complement or strengthen programs and activities
of the National Oceanic and Atmospheric Administration
related to the ocean's role in human health. Officers
and employees of Federal agencies may collaborate with,
and participate in, such research and projects to the
extent requested by the grant recipient. The Secretary
shall consult with the oceans and human health advisory
panel established under subsection (b) and may work
cooperatively with other agencies participating in the
interagency program to establish joint criteria for
such research and projects.
(2) Grants under this subsection shall be awarded
through a competitive peer-reviewed, merit-based
process that may be conducted jointly with other
agencies participating in the interagency program.
(e) Traineeships.--The Secretary of Commerce is authorized
to 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. PUBLIC INFORMATION AND OUTREACH.
(a) In General.--The Secretary of Commerce, in consultation
with other Federal agencies, and in cooperation with the
National Sea Grant program, shall design and implement a
program to disseminate information developed under the NOAA
Oceans and Human Health Initiative, including research,
assessments, and findings regarding the relationship between
oceans and human health, on both a regional and national scale.
The information, particularly with respect to potential health
risks, shall be made available in a timely manner to
appropriate Federal or State agencies, involved industries, and
other interested persons through a variety of means, including
through the Internet.
(b) Report.--As part of this program, the Secretary shall
submit to Congress an annual report reviewing the results of
the research, assessments, and findings developed under the
NOAA Oceans and Human Health Initiative, as well as
recommendations for improving or expanding the program.
SEC. 905. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce to carry out the National Oceanic and Atmospheric
Administration Oceans and Human Health Initiative, $60,000,000
for fiscal years 2005 through 2008. Not less than 50 percent of
the amounts appropriated to carry out the initiative shall be
utilized in each fiscal year to support the extramural grant
and traineeship programs of the Initiative.
This division may be cited as the ``Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2005''.
DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors, flood
control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood
control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related projects, restudy of
authorized projects, miscellaneous investigations, and, when
authorized by law, surveys and detailed studies and plans and
specifications of projects prior to construction, $144,500,000,
to remain available until expended: Provided, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use $300,000 for the continued preconstruction,
engineering, and design of Waikiki Beach, Oahu, Hawaii, the
project to be designed and evaluated, as authorized and that
any recommendations for a National Economic Development Plan
shall be accepted notwithstanding the extent of recreation
benefits supporting the project features, in view of the fact
that recreation is extremely important in sustaining and
increasing the economic well-being of the State of Hawaii and
the nation: Provided further, That in conducting the Southwest
Valley Flood Damage Reduction Study, Albuquerque, New Mexico,
the Secretary of the Army, acting through the Chief of
Engineers, shall include an evaluation of flood damage
reduction measures that would otherwise be excluded from the
feasibility analysis based on policies regarding the frequency
of flooding, the drainage areas, and the amount of runoff:
Provided further, That for the Ohio Riverfront, Cincinnati,
Ohio, project, the cost of planning and design undertaken by
non-Federal interests shall be credited toward the non-Federal
share of project design costs.
CONSTRUCTION, GENERAL
For expenses necessary for the construction of river and
harbor, flood control, shore protection and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those for
development with participation or under consideration for
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction); and
for the benefit of federally listed species to address the
effects of civil works projects owned or operated by the United
States Army Corps of Engineers, $1,796,089,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of construction costs for facilities
under the Dredged Material Disposal Facilities program shall be
derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
pursuant to Public Law 99-662 shall be derived from the Inland
Waterways Trust Fund, to cover one-half of the costs of
construction and rehabilitation of inland waterways projects,
(including the rehabilitation costs for Lock and Dam 11,
Mississippi River, Iowa; Lock and Dam 19, Mississippi River,
Iowa; Lock and Dam 24, Mississippi River, Illinois and
Missouri; and Lock and Dam 3, Mississippi River, Minnesota)
shall be derived from the Inland Waterways Trust Fund:
Provided, That using $12,500,000 of the funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to continue construction of the Dallas
Floodway Extension, Texas, project, including the Cadillac
Heights feature, generally in accordance with the Chief of
Engineers report dated December 7, 1999: Provided further, That
the Secretary of the Army is directed to accept advance funds,
pursuant to section 11 of the River and Harbor Act of 1925,
from the non-Federal sponsor of the Los Angeles Harbor,
California, project authorized by section 101(b)(5) of Public
Law 106-541: Provided further, That the Secretary of the Army
is directed to accept advance funds, or any portion thereof,
pursuant to section 11 of the River and Harbor Act of 1925,
from the non-Federal sponsor of the Oakland Harbor, California,
project authorized by section 101(a)(7) of Public Law 106-53:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $500,000 of
the funds provided herein to continue construction of the
Hawaii Water Management Project: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use $3,000,000 of the funds appropriated herein
to continue construction of the navigation project at
Kaumalapau Harbor, Hawaii: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is directed
to use $3,000,000 of the funds provided herein for the Dam
Safety and Seepage/Stability Correction Program to complete
construction of seepage control features and repairs to the
tainter gates at Waterbury Dam,Vermont: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers, is
directed to use $9,000,000 of the funds appropriated herein to proceed
with planning, engineering, design or construction of the Grundy,
Buchanan County, and Dickenson County, Virginia, elements of the Levisa
and Tug Forks of the Big Sandy River and Upper Cumberland River
Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $15,000,000 of the
funds appropriated herein to continue with the planning, engineering,
design or construction of the Lower Mingo County, Upper Mingo County,
Wayne County, McDowell County, West Virginia, elements of the Levisa
and Tug Forks of the Big Sandy River and Upper Cumberland River
Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue the Dickenson
County Detailed Project Report as generally defined in Plan 4 of the
Huntington District Engineer's Draft Supplement to the section 202
General Plan for Flood Damage Reduction dated April 1997, including all
Russell Fork tributary streams within the County and special
considerations as may be appropriate to address the unique relocations
and resettlement needs for the flood prone communities within the
County: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $8,750,000 of the
funds appropriated herein for the Clover Fork, City of Cumberland, Town
of Martin, Pike County (including Levisa Fork and Tug Fork
Tributaries), Bell County, Harlan County in accordance with the Draft
Detailed Project Report dated January 2002, Floyd County, Martin
County, Johnson County, and Knox County, Kentucky, detailed project
report, elements of the Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to continue
with the construction of the Seward Harbor, Alaska, project, in
accordance with the Report of the Chief of Engineers, dated June 8,
1999, and the economic justification contained therein: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to continue with the construction of the False
Pass, Alaska, project, in accordance with the Report of the Chief of
Engineers, dated December 29, 2000: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to proceed with construction of the Sand Point Harbor, Alaska
project, in accordance with the Report of the Chief of Engineers, dated
October 13, 1998, and the economic justification contained therein:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to design and construct modifications
to the Federal navigation project at Thomsen Harbor, Sitka, Alaska,
authorized by Section 101 of the Water Resources Development Act of
1992: Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, shall correct the design deficiency at Thomsen
Harbor, Sitka, Alaska, by adding to, or extending, the existing
breakwaters to reduce wave and swell motion within the harbor at an
additional cost of $1,000,000 at full Federal expense: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed and authorized to continue the work to replace
and upgrade the dam and all connections to the existing system at Kake,
Alaska: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue with the
construction of the Wrangell Harbor, Alaska, project in accordance with
the Chief of Engineer's report dated December 23, 1999: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to proceed with the construction of the New York
and New Jersey Harbor project, 50-foot deepening element, upon
execution of the Project Cooperation Agreement: Provided further, That
no funds made available under this Act or any other Act for any fiscal
year may be used by the Secretary of the Army to carry out the
construction of the Port Jersey element of the New York and New Jersey
Harbor or reimbursement to the Local Sponsor for the construction of
the Port Jersey element until commitments for construction of container
handling facilities are obtained from the non-Federal sponsor for a
second user along the Port Jersey element: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use funds appropriated for the navigation project, Tampa
Harbor, Florida, to carry out, as part of the project, construction of
passing lanes in an area approximately 3.5 miles long, centered on
Tampa Bay Cut B, if the Secretary determines that such construction is
technically sound, environmentally acceptable, and cost effective:
Provided further, That using $750,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers, is
authorized and directed to plan, design, and initiate reconstruction of
the Cape Girardeau, Missouri, project, originally authorized by the
Flood Control Act of 1950, at an estimated total cost of $9,000,000,
with cost sharing on the same basis as cost sharing for the project as
originally authorized, if the Secretary determines that the
reconstruction is technically sound and environmentally acceptable:
Provided further, That the planned reconstruction shall be based on the
most cost-effective engineering solution and shall require no further
economic justification: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to proceed
without further delay with work on the permanent bridge to replace
Folsom Bridge Dam Road, Folsom, California, as authorized by the Energy
and Water Development Appropriations Act, 2004 (Public Law 108-137),
and, of the $8,000,000 available for the American River Watershed
(Folsom Dam Mini-Raise), California, project, up to $5,000,000 of those
funds be directed for the permanent bridge, with all remaining devoted
to the Mini-Raise: Provided further, That the Secretary of the Army is
directed to use $1,365,000 of the funds appropriated herein to
construct a project for flood control, Cass River, Spaulding Township,
Michigan, pursuant to section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s), notwithstanding that the benefits of the project may not
exceed the estimated costs of the project: Provided further, That the
non-Federal interest for the project shall receive credit towards its
share of project costs in the amount of $345,000 for work carried out
by the non-Federal interest on the project prior to entering into a
project cooperation agreement: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed
toundertake and fund a demonstration project utilizing the Bidlocker
system of escrowing contract bid documents: Provided further, that the
system should provide a method of securing bidder documents prior to
the award of the contracts, thus allowing the contractor to provide
those documents to the Government in the case of disputes: Provided
further, that the demonstration project should include use of the
system on at least three contracts: Provided further, that a report on
the results of the demonstration project shall be provided within one
year of the date of enactment of this Act.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS,
KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for the flood damage reduction
program for the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $324,500,000, to
remain available until expended: Provided, That the Secretary
of the Army, acting through the Chief of Engineers, using
$12,000,000 of the funds provided herein, is directed to
continue design and real estate activities and to initiate the
pump supply contract for the Yazoo Basin, Yazoo Backwater
Pumping Plant, Mississippi: Provided further, That the pump
supply contract shall be performed by awarding continuing
contracts in accordance with 33 U.S.C. 621: Provided further,
That the Secretary of the Army, acting through the Chief of
Engineers is directed, with $500,000 appropriated herein, to
continue construction of water withdrawal features of the Grand
Prairie, Arkansas, project.
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; for the benefit of federally listed species
to address the effects of civil works projects owned or
operated by the United States Army Corps of Engineers; for
providing security for infrastructure owned and operated by, or
on behalf of, the United States Army Corps of Engineers,
including administrative buildings and facilities,
laboratories, and the Washington Aqueduct; for the maintenance
of harbor channels provided by a State, municipality, or other
public agency that serve essential navigation needs of general
commerce, where authorized by law; and for surveys and charting
of northern and northwestern lakes and connecting waters,
clearing and straightening channels, and removal of
obstructions to navigation, $1,959,101,000, to remain available
until expended, of which such sums as are necessary to cover
the Federal share of operation and maintenance costs for
coastal harbors and channels shall be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662 may be
derived from that fund; of which such sums as become available
from the special account for the United States Army Corps of
Engineers established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from
that account for resource protection, research, interpretation,
and maintenance activities related to resource protection in
the areas at which outdoor recreation is available; and of
which such sums as become available under section 217 of the
Water Resources Development Act of 1996, Public Law 104-303,
shall be used to cover the cost of operation and maintenance of
the dredged material disposal facilities for which fees have
been collected: Provided, That utilizing funds appropriated
herein, for the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, the Secretary of the
Army, acting through the Chief of Engineers, is directed to
reimburse the State of Delaware for normal operation and
maintenance costs incurred by the State of Delaware for the SR1
Bridge from station 58+00 to station 293+00 between October 1,
2003, and September 30, 2004: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use funds appropriated herein to rehabilitate
the existing dredged material disposal site for the project for
navigation, Bodega Bay Harbor, California, and to continue
maintenance dredging of the Federal channel: Provided further,
That the Secretary shall make suitable material excavated from
the Bodega Bay Harbor, California, disposal site as part of the
rehabilitation effort available to the non-Federal sponsor, at
no cost to the Federal Government, for use by the non-Federal
sponsor in the development of public facilities: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers, is authorized to undertake, at full federal
expense, a detailed evaluation of the Albuquerque levees for
purposes of determining structural integrity, impacts of
vegetative growth, and performance under current hydrological
conditions: Provided further, That using $175,000 provided
herein, the Secretary of the Army, acting through the Chief of
Engineers is authorized to remove the sunken vessel, State of
Pennsylvania from the Christina River in Delaware: Provided
further, That the Corps of Engineers shall not allocate any
funds to deposit dredged material along the Laguna Madre
portion of the Gulf Intracoastal Waterway except at the
placement areas specified in the Dredged Material Management
Plan in section 2.11 of the Final Environmental Impact
Statement for Maintenance Dredging of the Gulf Intracoastal
Waterway, Laguna Madre, Texas, Nueces, Kleberg, Kenedy,
Willacy, and Cameron Counties, Texas, prepared by the Corps of
Engineers dated September 2003: Provided further, That nothing
in the above proviso shall prevent the Corps of Engineers from
performing necessary maintenance operations along the Gulf
Intracoastal Waterway if the following conditions are met: if
the Corps proposes to use any placement areas that are not
currently specified in the Dredged Material Management Plan and
failure to use such alternative placement areas will result in
the closure of any segment of the Gulf Intracoastal Waterway,
then such proposal shall be analyzed in an Environmental Impact
Statement (EIS) and comply with all other applicable
requirements of the National Environmental Policy Act, 42
U.S.C. 4321, et seq., and all other applicable State and
Federal laws, including the Clean Water Act, 33 U.S.C. 1251 et
seq., the Endangered Species Act, 16 U.S.C. 1531 et seq., and
the Coastal Zone Management Act, 16 U.S.C. 1451 et seq.:
Provided further, That, of the funds made available, $7,000,000
is to be used to perform work authorized in Section 136 of
Public Law 108-357.
REGULATORY PROGRAM
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$145,000,000, to remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $165,000,000, to
remain available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and
related civil works functions in the headquarters of the United
States Army Corps of Engineers, the offices of the Division
Engineers, the Humphreys Engineer Center Support Activity, the
Institute for Water Resources, the United States Army Engineer
Research and Development Center, and the United States Army
Corps of Engineers Finance Center, $167,000,000, to remain
available until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided
further, That none of these funds shall be available to support
an office of congressional affairs within the executive office
of the Chief of Engineers.
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
For expenses necessary for the Office of Assistant
Secretary of the Army (Civil Works), as authorized by 10 U.S.C.
3016(b)(3), $4,000,000.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for
official reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving Fund,
Corps of Engineers, shall be available for purchase (not to
exceed 100 for replacement only) and hire of passenger motor
vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS--CIVIL
Sec. 101. Beginning in fiscal year 2005 and thereafter,
agreements proposed for execution by the Assistant Secretary of
the Army for Civil Works or the United States Army Corps of
Engineers after the date of the enactment of this Act pursuant
to section 4 of the Rivers and Harbor Act of 1915, Public Law
64-291; section 11 of the River and Harbor Act of 1925, Public
Law 68-585; the Civil Functions Appropriations Act, 1936,
Public Law 75-208; section 215 of the Flood Control, Act of
1968, as amended, Public Law 90-483; sections 104, 203, and 204
of the Water Resources Development Act of 1986, as amended,
Public Law 99-662; section 206 of the Water Resources
Development Act of 1992, as amended, Public Law 102-580;
section 211 of the Water Resources Development Act of 1996,
Public Law 104-303; and any other specific project authority,
shall be limited to credits and reimbursements per project not
to exceed $10,000,000 in each fiscal year, and total credits
and reimbursements for all applicable projects not to exceed
$50,000,000 in each fiscal year, except that for environmental
infrastructure projects, the $10,000,000 limitation shall apply
to each state wherein such projects are undertaken.
Sec. 102. None of the funds appropriated in this or any
other Act may be used by the United States Army Corps of
Engineers to support activities related to the proposed Ridge
Landfill in Tuscarawas County, Ohio.
Sec. 103. None of the funds appropriated in this or any
other Act shall be used to demonstrate or implement any plans
divesting or transferring any Civil Works missions, functions,
or responsibilities of the United States Army Corps of
Engineers to other government agencies without specific
direction in a subsequent Act of Congress.
Sec. 104. Alamogordo, New Mexico. The project for flood
protection at Alamogordo, New Mexico, authorized by the Flood
Control Act of 1962 (Public Law 87-874), is modified to
authorize and direct the Secretary to construct a flood
detention basin to protect the north side of the City of
Alamogordo, New Mexico, from flooding. The flood detention
basin shall be constructed to provide protection from a 100-
year flood event. The project cost share for the flood
detention basin shall be consistent with section 103(a) of the
Water Resources Development Act of 1986, notwithstanding
section 202(a) of the Water Resources Development Act of 1996.
Sec. 105. None of the funds appropriated in this or any
other Act may be used by the United States Army Corps of
Engineers to support activities related to the proposed Indian
Run Sanitary Landfill in Sandy Township, Stark County, Ohio.
Sec. 106. St. Georges Bridge, Delaware. None of the funds
made available in this Act may be used to carry out any
activity relating to closure or removal of the St. Georges
Bridge across the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, including a hearing or
any other activity relating to preparation of an environmental
impact statement concerning the closure or removal.
Sec. 107. Water Reallocation, Lake Cumberland, Kentucky.
(a) In General.--Subject to subsection (b), none of the funds
made available by this Act may be used to carry out any water
reallocation project or component under the Wolf Creek Project,
Lake Cumberland, Kentucky, authorized under the Act of June 28,
1938 (52 Stat. 1215, chapter 795) and the Act of July 24, 1946
(60 Stat. 636, chapter 595).
(b) Existing Reallocations.--Subsection (a) shall not apply
to any water reallocation for Lake Cumberland, Kentucky, that
is carried out subject to an agreement or payment schedule in
effect on the date of enactment of this Act.
Sec. 108. Lake Tahoe Basin Restoration, Nevada and
California. (a) Definition.--In this section, the term ``Lake
Tahoe Basin'' means the entire watershed drainage of Lake Tahoe
including that portion of the Truckee River 1,000 feet
downstream from the U.S. Bureau of Reclamation dam in Tahoe
City, California.
(b) Establishment of Program.--The Secretary may establish
a program for providing environmental assistance to non-Federal
interests in Lake Tahoe Basin.
(c) Form of Assistance.--Assistance under this section may
be in the form of planning, design, and construction assistance
for water-related environmental infrastructure and resource
protection and development projects in Lake Tahoe Basin--
(1) urban stormwater conveyance, treatment and
related facilities;
(2) watershed planning, science and research;
(3) environmental restoration; and
(4) surface water resource protection and
development.
(d) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if the
project is publicly owned.
(e) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under
this section, the Secretary shall enter into a local
cooperation agreement with a non-Federal interest to
provide for design and construction of the project to
be carried out with the assistance.
(2) Requirements.--Each local cooperation agreement
entered into under this subsection shall provide for
the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
and Regional officials, of appropriate
environmental documentation, engineering plans
and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the
effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of
project costs under each local cooperation
agreement entered into under this subsection
shall be 75 percent. The Federal share may be
in the form of grants or reimbursements of
project costs.
(B) Credit for design work.--The non-
Federal interest shall receive credit for the
reasonable costs of planning and design work
completed by the non-Federal interest before
entering into a local cooperation agreement
with the Secretary for a project.
(C) Land, easements, rights-of-way, and
relocations.--The non-Federal interest shall
receive credit for land, easements, rights-of-
way, and relocations provided by the non-
Federal interest toward the non-Federal share
of project costs (including all reasonable
costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent
of total project costs.
(D) Operation and maintenance.--The non-
Federal share of operation and maintenance
costs for projects constructed with assistance
provided under this section shall be 100
percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section for the period
beginning with fiscal year 2005, $25,000,000, to remain
available until expended.
Sec. 109. Watershed Management and Development. Section 503
of the Water Resources Development Act of 1996 (110 Stat. 3756)
is amended in subsection (c) by inserting the following: ``The
non-Federal share of the cost to provide assistance for the
Lake Tahoe watershed, California and Nevada, and Walker River
Basin, Nevada may be provided as work-in-kind.''.
Sec. 110. The Assistant Secretary of the Army for Civil
Works shall enter into an agreement with the Orange County
Water District, Orange County, California for purposes of water
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. The
Orange County Water District shall pay to the Government only
the separable costs associated with implementation and
operation and maintenance of Prado Dam for water conservation.
Sec. 111. Black Warrior-Tombigbee Rivers, Alabama. (a) In
General.--The Secretary is authorized to construct a new
project management office located in the city of Tuscaloosa,
Alabama, at a location within the vicinity of the city, at full
Federal expense.
(b) Transfer of Land and Structures.--The Secretary is
authorized to convey, or otherwise transfer to the city of
Tuscaloosa, Alabama, at fair market value, the land and
structures associated with the existing project management
office, if the city agrees to assume full responsibility for
demolition of the existing project management office.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (a) $32,000,000.
Sec. 112. Within 75 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report to
the appropriate authorizing and appropriating committees of the
Congress.
Sec. 113. Within 90 days of the date of enactment of this
Act, the Assistant Secretary of the Army (Civil Works) shall
transmit to Congress his report on any water resources matter
on which the Chief of Engineers has reported.
Sec. 114. Coastal Wetland Conservation Project Funding. (a)
Funding.--Section 306 of the Coastal Wetlands Planning,
Protection, and Restoration Act (16 U.S.C. 3955) is amended--
(1) in subsection (a), by striking ``, not to
exceed $70,000,000,'';
(2) in subsection (b), by striking ``, not to
exceed $15,000,000''; and
(3) in subsection (c), by striking ``, not to
exceed $15,000,000,''.
(b) Period of Authorization.--Section 4(a) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)) is
amended in the second sentence by striking ``2009'' and
inserting ``2019''.
Sec. 115. The Secretary of the Army, acting through the
Chief of Engineers, is directed to design and construct a
marina and associated facilities project capable of remaining
in operation through extended drought conditions at Federal
expense at Lake Sakakawea, North Dakota.
Sec. 116. Central City, Fort Worth, Texas. The project for
flood control and other purposes on the Trinity River and
Tributaries, Texas, authorized by the River and Harbor Act of
1965 (Public Law 89-298), as modified, is further modified to
authorize the Secretary to undertake the Central City River
Project, as generally described in the Trinity River Vision
Master Plan, dated April 2003, as amended, at a total cost not
to exceed $220,000,000, at a Federal cost of $110,000,000, and
a non-Federal cost of $110,000,000, if the Secretary determines
the work is technically sound and environmentally acceptable.
The cost of work undertaken by the non-Federal interests before
the date of execution of a project cooperation agreement shall
be credited against the non-Federal share of project costs if
the Secretary determines that the work is integral to the
project.
Sec. 117. Notwithstanding any other provision of law, the
Secretary of the Army is authorized to carry out, at full
Federal expense, structural and non-structural projects for
storm damage prevention and reduction, coastal erosion, and ice
and glacial damage in Alaska, including relocation of affected
communities and construction of replacement facilities.
Sec. 118. Cook Inlet, Alaska. (a) Anchorage Harbor.--
(1) Harbor depth.--The project for navigation
improvements, Cook Inlet, Alaska (Anchorage Harbor,
Alaska), authorized by section 101 of the River and
Harbor Act of 1958 (72 Stat. 299) and modified by
section 199 of the Water Resources Development Act of
1976 (90 Stat. 2944), is further modified to direct the
Secretary of the Army to construct a harbor depth of
minus 45 feet mean lower low water for a length of
10,860 feet at the modified Port of Anchorage
intermodal marine facility at each phase of facility
modification as such phases are completed and
thereafter as the entire project is completed.
(2) Cost-sharing.--If the Secretary determines that
the modified Port of Anchorage will be used by vessels
operated by the Department of Defense that have a draft
of greater than 35 feet, the modification referred to
in paragraph (1) shall be at full federal expense.
(3) Transitional dredging.--Before completion of
the project modification described in paragraph (1),
the Secretary may conduct dredging to a depth of at
least minus 35 feet mean lower low water in such
locations as will allow maintenance of navigation and
vessel access to the Port of Anchorage intermodal
marine facility during modification of such facility.
Such work shall be carried out by the Secretary in
accordance with section 101 of the River and Harbor Act
of 1958.
(4) Facilitating facility modification.--Before
establishing the harbor depth of minus 45 feet mean
lower low water, the Secretary may undertake dredging
in accordance with section 101 of the River and Harbor
Act of 1958 within the design footprint of the modified
intermodal marine facility referred to in paragraph (1)
to facilitate modification. The Secretary may carry out
such dredging as part of operation and maintenance of
the project modified by paragraph (1).
(5) Maintenance.--Federal maintenance shall
continue for the existing project until the modified
intermodal marine facility is completed. Federal
maintenance of the modified project shall be in
accordance with section 101 of the River and Harbor Act
of 1958; except that the project shall be maintained at
a depth of minus 45 feet mean lower low water for
10,860 feet referred to in paragraph (1).
(b) Navigation Channel.--The Secretary shall modify the
channel in the exiting Cook Inlet Navigation Channel approach
to Anchorage Harbor, Alaska, to run the entire length of Fire
Island Range and Point Woronzof Range and shall modify the
depth of that channel to minus 45 feet mean lower low water.
The channel shall be maintained at a depth of minus 45 feet
mean lower low water.
(c) Hydrodynamic Modeling.--The Secretary shall carry out
hydrodynamic modeling of the Knik Arm to identify causes of,
and measures to address, shoaling at the Port of Anchorage, at
a total cost of $3,000,000.
(d) Alternatives Analysis.--No alternative other than the
alternative authorized in this section shall be considered in
any analysis of the modified project to be carried out by the
Secretary in accordance with this section.
Sec. 119. Northern Wisconsin. Section 154(c) of title I of
division B of the Miscellaneous Appropriations Act, 2001,
enacted into law by the Consolidated Appropriations Act, 2001
(114 Stat. 2763A-252), is amended--
(1) by inserting after ``design'' the following:
``, construction,''; and
(2) by inserting before ``wastewater treatment''
the following: ``navigation and inland harbor
improvement and expansion,''.
Sec. 120. St. Croix Falls Environmental Infrastructure,
Wisconsin. Additional Assistance.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 335; 114 Stat. 2763A-220) is amended by adding
at the end the following:
``(73) St. Croix Falls, Wisconsin.--$5,000,000 for
waste water infrastructure, St. Croix Falls,
Wisconsin.''.
Sec. 121. Burns Harbor, Indiana. The Secretary of the Army,
acting through the Chief of Engineers, is authorized and
directed to dredge sediments, at 100 percent federal cost, in
the vicinity of the Bailey (NIPSCO) intake structure that is
approximately 5,000 feet east of and 2,300 feet north of the
northern most point of the Burns Waterway Harbor Breakwater
authorized by Public Law 89-298.
Sec. 122. (a) The Secretary of the Army, acting through
the Chief of Engineers, is authorized and directed to transfer
the unexpended balance of funds appropriated in Fiscal Years
2003 and 2004 for the Duck River Water Supply Infrastructure
Project, Cullman, Alabama, to the Appalachian Regional
Commission.
(b) Funds transferred pursuant to subsection (a) of this
section may be used for planning, engineering, and construction
activities on the Duck River Water Supply Infrastructure
Project under the Memorandum of Agreement between the
Appalachian Regional Commission and the Army Corps of Engineers
and may be used to reimburse the City of Cullman, Alabama for
expenses incurred by the City for planning and environmental
work associated with the Project.
Sec. 123. With the funds previously provided under the
account heading ``Flood Control and Coastal Emergencies'', the
Secretary of the Army, acting through the Chief of Engineers,
is directed to provide assistance to Yakutat, Alaska Dam.
Sec. 124. The Secretary of the Army, acting through the
Chief of Engineers, shall not implement changes to existing
shoreline protection policies that have not been specifically
authorized by Congress.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $46,275,000, to remain available until
expended, of which $15,469,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying
out related responsibilities of the Secretary of the Interior,
$1,734,000, to remain available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, Indian tribes, and others, $859,481,000, to
remain available until expended, of which $53,299,000 shall be
available for transfer to the Upper Colorado River Basin Fund
and $33,794,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam
Fund; of which not more than $500,000 is for high priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706: Provided further, That
such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 460l-6a(i) shall
be derived from that Fund or account: Provided further, That
funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which contributed: Provided
further, That $250,000 is provided under the Weber Basin
project for the Park City, Utah feasibility study: Provided
further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading:
Provided further, That funds available for expenditure for the
Departmental Irrigation Drainage Program may be expended by the
Bureau of Reclamation for site remediation on a non-
reimbursable basis.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $54,695,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water for
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the Denver
office, and offices in the five regions of the Bureau of
Reclamation, to remain available until expended, $58,153,000 to
be derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or
functions budgeted as policy and administration expenses.
ADMINSITRATIVE PROVISIONS
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed 14 passenger motor
vehicles, of which 11 are for replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable
or nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program-Alternative Repayment Plan'' and the
``SJVDP-Alternative Repayment Plan'' described in the report
entitled ``Repayment Report, Kesterson Reservoir Cleanup
Program and San Joaquin Valley Drainage Program, February
1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully
reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New Mexico
unless said purchase or lease is in compliance with the
purchase requirements of section 202 of Public Law 106-60.
Sec. 203. Lower Colorado River Basin Development. (a) In
General.--Notwithstanding section 403(f) of the Colorado River
Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower
Colorado River Basin Development Fund shall be paid to the
general fund of the Treasury until each provision of the
revised Stipulation Regarding a Stay and for Ultimate Judgment
Upon the Satisfaction of Conditions, filed in United States
District Court on April 24, 2003, in Central Arizona Water
Conservation District v. United States (No. CIV 95-625-TUC-WDB
(EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)), and any
amendment or revision thereof, is met.
(b) Payment to General Fund.--If any of the provisions of
the stipulation referred to in subsection (a) are not met by
the date that is 10 years after the date of enactment of this
Act, payments to the general fund of the Treasury shall resume
in accordance with section 403(f) of the Colorado River Basin
Project Act (43 U.S.C. 1543(f)).
(c) Authorization.--Amounts in the Lower Colorado River
Basin Development Fund that but for this section would be
returned to the general fund of the Treasury shall not be
expended until further Act of Congress.
Sec. 204. Funds under this title for Drought Emergency
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. Such leases
may be entered into with an option to purchase: Provided, That
such purchase is approved by the State in which the purchase
takes place and the purchase does not cause economic harm
within the State in which the purchase is made.
Sec. 205. (a) Notwithstanding any other provision of law
and hereafter, the Secretary of the Interior, acting through
the Commissioner of the Bureau of Reclamation, may not obligate
funds, and may not use discretion, if any, to restrict, reduce
or reallocate any water stored in Heron Reservoir or delivered
pursuant to San Juan-Chama Project contracts, including
execution of said contracts facilitated by the Middle Rio
Grande Project, to meet the requirements of the Endangered
Species Act, unless such water is acquired or otherwise made
available from a willing seller or lessor and the use is in
compliance with the laws of the State of New Mexico, including
but not limited to, permitting requirements.
(b) Complying with the reasonable and prudent alternatives
and the incidental take limits defined in the Biological
Opinion released by the United States Fish and Wildlife Service
dated March 17, 2003 combined with efforts carried out pursuant
to Public Law 106-377, Public Law 107-66, and Public Law 108-7
fully meet all requirements of the Endangered Species Act (16
U.S.C. 1531 et seq.) for the conservation of the Rio Grande
Silvery Minnow (Hybognathus amarus) and the Southwestern Willow
Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande
in New Mexico.
(c) This section applies only to those Federal agency and
non-Federal actions addressed in the March 17, 2003 Biological
Opinion.
(d) Subsection (b) will remain in effect until March 16,
2013.
Sec. 206. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to
enter into grants, cooperative agreements, and other agreements
with irrigation or water districts and States to fund up to 50
percent of the cost of planning, designing, and constructing
improvements that will conserve water, increase water use
efficiency, or enhance water management through measurement or
automation, at existing water supply projects within the states
identified in the Act of June 17, 1902, as amended, and
supplemented: Provided, That when such improvements are to
federally owned facilities, such funds may be provided in
advance on a non-reimbursable basis to an entity operating
affected transferred works or may be deemed non-reimbursable
for non-transferred works: Provided further, That the
calculation of the non-Federal contribution shall provide for
consideration of the value of any in-kind contributions, but
shall not include funds received from other Federal agencies:
Provided further, That the cost of operating and maintaining
such improvements shall be the responsibility of the non-
Federal entity: Provided further, That this section shall not
supercede any existing project-specific funding authority:
Provided further, That the Secretary is also authorized to
enter into grants or cooperative agreements with universities
or non-profit research institutions to fund water use
efficiency research.
Sec. 207. Animas-La Plata Non-Indian Sponsor Obligations.
In accordance with the nontribal repayment obligation specified
in Subsection 6(a)(3)(B) of the Colorado Ute Indian Rights
Settlement Act of 1988 (Public Law 100-585), as amended by the
Colorado Ute Settlement Act Amendments of 2000 (Public Law 106-
554), the reimbursable cost upon which the cost allocation
shall be based shall not exceed $43,000,000, plus interest
during construction for those parties not utilizing the up
front payment option, of the first $500,000,000 (January 2003
price level) of the total project costs. Consequently, the
Secretary may forgive the obligation of the non-Indian sponsors
relative to the $163,000,000 increase in estimated total
project costs that occurred in 2003.
Sec. 208. Montana Water Contracts Extension. (a) Authority
To Extend.--The Secretary of the Interior may extend each of
the water contracts listed in subsection (b) until the earlier
of--
(1) the expiration of the 2-year period beginning
on the date on which the contract would expire but for
this section; or
(2) the date on which a new long-term water
contract is executed by the parties to the contract
listed in subsection (b).
(b) Extended Contracts.--The water contracts referred to in
subsection (a) are the following:
(1) Contract Number 14-06-600-2078, as amended, for
purchase of water between the United States of America
and the City of Helena, Montana.
(2) Contract Number 14-06-600-2079, as amended,
between the United States of America and the Helena
Valley Irrigation District for water service.
(3) Contract Number 14-06-600-8734, as amended,
between the United States of America and the Toston
Irrigation District for water service.
(4) Contract Number 14-06-600-3592, as amended,
between the United States and the Clark Canyon Water
Supply Company, Inc., for water service and for a
supplemental supply.
(5) Contract Number 14-06-600-3593, as amended,
between the United States and the East Bench Irrigation
District for water service.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy supply activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 9 passenger motor
vehicles for replacement only, and one ambulance, $946,272,000,
to remain available until expended.
Non-Defense Site Acceleration Completion
For Department of Energy expenses, including the
purchase, construction, and acquisition of plant and capital
equipment and other expenses necessary for non-defense
environmental management site acceleration completion
activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $151,850,000, to remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions,
and other activities of title II of the Atomic Energy Act of
1954, as amended, and title X, subtitle A, of the Energy Policy
Act of 1992, $499,007,000, to be derived from the Fund, to
remain available until expended, of which $80,000,000 shall be
available in accordance with title X, subtitle A, of the Energy
Policy Act of 1992.
Non-Defense Environmental Services
For Department of Energy expenses necessary for non-
defense environmental services activities that indirectly
support the accelerated cleanup and closure mission at
environmental management sites, including the purchase,
construction, and acquisition of plant and capital equipment
and other necessary expenses, $291,296,000, to remain available
until expended.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or facility or for plant or
facility acquisition, construction, or expansion, and purchase
of not to exceed four passenger motor vehicles for replacement
only, including not to exceed one ambulance, $3,628,902,000, to
remain available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $346,000,000, to remain available until expended:
Provided, That of the funds made available in this Act for
Nuclear Waste Disposal, $2,000,000 shall be provided to the
State of Nevada solely for expenditures, other than salaries
and expenses of State employees, to conduct scientific
oversight responsibilities and participate in licensing
activities pursuant to the Nuclear Waste Policy Act of 1982,
Public Law 97-425, as amended: Provided further, That
$8,000,000 shall be provided to affected units of local
governments, as defined in Public Law 97-425, to conduct
scientific oversight responsibilities and participate in
licensing activities pursuant to the Act: Provided further,
That the distribution of the funds as determined by the units
of local government shall be approved by the Department of
Energy: Provided further, That the funds for the State of
Nevada shall be made available solely to the Nevada Division of
Emergency Management by direct payment and units of local
government by direct payment: Provided further, That within 90
days of the completion of each Federal fiscal year, the Nevada
Division of Emergency Management and the Governor of the State
of Nevada and each local entity shall provide certification to
the Department of Energy that all funds expended from such
payments have been expended for activities authorized by Public
Law 97-425 and this Act: Provided further, That failure to
provide such certification shall cause such entity to be
prohibited from any further funding provided for similar
activities: Provided further, That none of the funds herein
appropriated may be: (1) used directly or indirectly to
influence legislative action on any matter pending before
Congress or a State legislature or for lobbying activity as
provided in 18 U.S.C. 1913; (2) used for litigation expenses;
or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions
contained in this Act: Provided further, That all proceeds and
recoveries realized by the Secretary in carrying out activities
authorized by the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended, including but not limited to, any proceeds
from the sale of assets, shall be available without further
appropriation and shall remain available until expended.
Departmental Administration
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
(not to exceed $35,000), $240,426,000, to remain available
until expended, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in
costof work are offset by revenue increases of the same or
greater amount, to remain available until expended: Provided further,
That moneys received by the Department for miscellaneous revenues
estimated to total $122,000,000 in fiscal year 2005 may be retained and
used for operating expenses within this account, and may remain
available until expended, as authorized by section 201 of Public Law
95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the
amount of miscellaneous revenues received during fiscal year 2005, and
any related unappropriated receipt account balances remaining from
prior years' miscellaneous revenues, so as to result in a final fiscal
year 2005 appropriation from the general fund estimated at not more
than $118,426,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $41,508,000, to remain available until
expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion; and the purchase of not to exceed
19 passenger motor vehicles, for replacement only, including
not to exceed two buses; $6,226,471,000, together with
$300,000,000 to be derived by transfer from the Department of
Defense, to remain available until expended: Provided, That the
Secretary of Defense shall reduce proportionately each program,
project, and activity funded by appropriations in titles I
through VI of the Department of Defense Appropriations Act,
2005 (Public Law 108-287) to fund this transfer: Provided
further, That $91,100,000 is authorized to be appropriated for
Project 01-D-108, Microsystems and engineering sciences
applications (MESA), Sandia National Laboratories, Albuquerque,
New Mexico: Provided further, That $40,000,000 is authorized to
be appropriated for Project 04-D-125, chemistry and metallurgy
facility replacement project, Los Alamos Laboratory, Los
Alamos, New Mexico: Provided further, That $1,500,000 is
authorized to be appropriated for Project 04-D-103, Project
engineering and design (PED), various locations: Provided
further, That a plant or construction project for which amounts
are made available under this heading but not exclusive to the
Atomic Energy Defense Weapons Activities account, with a
current estimated cost of less than $10,000,000 is considered
for purposes of section 3622 of Public Law 107-314 as a plant
project for which the approved total estimated cost does not
exceed the minor construction threshold and for purposes of
section 3623 of Public Law 107-314 as a construction project
with a current estimated cost of less than the minor
construction threshold.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense,
defense nuclear nonproliferation activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,420,397,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $807,900,000, to remain
available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator
in the National Nuclear Security Administration, including
official reception and representation expenses (not to exceed
$12,000), $356,200,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Site Acceleration Completion
For Department of Energy expenses, including the
purchase, construction, and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense site acceleration completion activities in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $6,096,429,000, to
remain available until expended.
Defense Environmental Services
For Department of Energy expenses necessary for defense-
related environmental services activities that indirectly
support the accelerated cleanup and closure mission at
environmental management sites, including the purchase,
construction, and acquisition of plant and capital equipment
and other necessary expenses, and the purchase of not to exceed
three ambulances for replacement only, $937,976,000, to remain
available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense, other
defense activities, and classified activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $692,691,000, to
remain available until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $231,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount not
to exceed $1,500. During fiscal year 2005, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services, pursuant to the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $5,200,000, to remain available until
expended: Provided, That notwithstanding the provisions of 31
U.S.C. 3302, up to $34,000,000 collected by the Southeastern
Power Administration pursuant to the Flood Control Act of 1944
to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out the provisions of section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $29,352,000, to remain available until expended:
Provided, That, notwithstanding the provisions of 31 U.S.C.
3302, up to $2,900,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and
wheeling expenditures; in addition, notwithstanding 31 U.S.C.
3302, beginning in fiscal year 2005 and thereafter, such funds
as are received by the Southwestern Power Administration from
any State, municipality, corporation, association, firm,
district, or individual as advance payment for work that is
associated with Southwestern's transmission facilities,
consistent with that authorized in section 5 of the Flood
Control Act, shall be credited to this account and be available
until expended.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, including official
reception and representation expenses in an amount not to
exceed $1,500; $173,100,000, to remain available until
expended, of which $167,236,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That of
the amount herein appropriated, $10,000,000 shall be available
until expended on a nonreimbursable basis to the Western Area
Power Administration to design, construct, operate and maintain
transmission facilities and services for the Animas-LaPlata
Project as authorized by section 301(b)(10) of Public Law 106-
554: Provided further, That of the amount herein appropriated,
$6,200,000 is for deposit into the Utah Reclamation Mitigation
and Conservation Account pursuant to title IV of the
Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That of the amount herein appropriated,
$6,000,000 shall be available until expended on a
nonreimbursable basis to the Western Area Power Administration
for Topock-Davis-Mead Transmission Line Upgrades: Provided
further, That notwithstanding the provision of 31 U.S.C. 3302,
up to $227,600,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and
the Reclamation Project Act of 1939 to recover purchase power
and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$2,827,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of passenger
motor vehicles, and official reception and representation
expenses (not to exceed $3,000), $210,000,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $210,000,000 of revenues
from fees and annual charges, and other services and
collections in fiscal year 2005 shall be retained and used for
necessary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2005 so as to result in a final
fiscal year 2005 appropriation from the general fund estimated
at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a)(1) None of the funds in this or any other
appropriations Act for fiscal year 2005 or any previous fiscal
year may be used to make payments for a noncompetitive
management and operating contract unless the Secretary of
Energy has published in the Federal Register and submitted to
the Committees on Appropriations of the House of
Representatives and the Senate a written notification, with
respect to each such contract, of the Secretary's decision to
use competitive procedures for the award of the contract, or to
not renew the contract, when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up
to 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.
(b) In this section:
(1) The term ``noncompetitive management and
operating contract'' means a contract that was awarded
more than 50 years ago without competition for the
management and operation of Ames Laboratory, Argonne
National Laboratory, Lawrence Berkeley National
Laboratory, Lawrence Livermore National Laboratory, and
Los Alamos National Laboratory.
(2) The term ``competitive procedures'' has the
meaning provided in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403) and includes
procedures described in section 303 of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253) other than a procedure that solicits a
proposal from only one source.
(c) For all management and operating contracts other than
those listed in subsection (b)(1), none of the funds
appropriated by this Act may be used to award a management and
operating contract, or award a significant extension or
expansion to an existing management and operating contract,
unless such contract is awarded using competitive procedures or
the Secretary of Energy grants, on a case-by-case basis, a
waiver to allow for such a deviation. The Secretary may not
delegate the authority to grant such a waiver. At least 60 days
before a contract award for which the Secretary intends to
grant such a waiver, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report notifying the Committees of the waiver
and setting forth, in specificity, the substantive reasons why
the Secretary believes the requirement for competition should
be waived for this particular award.
Sec. 302. None of the funds appropriated by this Act may be
used to--
(1) develop or implement a workforce restructuring
plan that covers employees of the Department of Energy;
or
(2) provide enhanced severance payments or other
benefits for employees of the Department of Energy,
under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be
used to augment the funds made available for obligation by this
Act for severance payments and other benefits and community
assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42
U.S.C. 7274h) unless the Department of Energy submits a
reprogramming request subject to approval by the appropriate
congressional committees.
Sec. 304. None of the funds appropriated by this Act may
be used to prepare or initiate Requests For Proposals (RFPs)
for a program if the program has not been funded by Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
Sec. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established pursuant
to this title. Balances so transferred may be merged with funds
in the applicable established accounts and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may be
used to enter into any agreement to perform energy efficiency
services outside the legally defined Bonneville service
territory, with the exception of services provided
internationally, including services provided on a reimbursable
basis, unless the Administrator certifies in advance that such
services are not available from private sector businesses.
Sec. 307. When the Department of Energy makes a user
facility available to universities or other potential users, or
seeks input from universities or other potential users
regarding significant characteristics or equipment in a user
facility or a proposed user facility, the Department shall
ensure broad public notice of such availability or such need
for input to universities and other potential users. When the
Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user
facility'' includes, but is not limited to: (1) a user facility
as described in section 2203(a)(2) of the Energy Policy Act of
1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security
Administration Defense Programs Technology Deployment Center/
User Facility; and (3) any other Departmental facility
designated by the Department as a user facility.
Sec. 308. The Administrator of the National Nuclear
Security Administration may authorize the manager of a covered
nuclear weapons research, development, testing or production
facility to engage in research, development, and demonstration
activities with respect to the engineering and manufacturing
capabilities at such facility in order to maintain and enhance
such capabilities at such facility: Provided, That of the
amount allocated to a covered nuclear weapons facility each
fiscal year from amounts available to the Department of Energy
for such fiscal year for national security programs, not more
than an amount equal to 2 percent of such amount may be used
for these activities: Provided further, That for purposes of
this section, the term ``covered nuclear weapons facility''
means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas;
(4) the Savannah River Plant, South Carolina; and
(5) the Nevada Test Site.
Sec. 309. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2005 until the enactment of the Intelligence Authorization
Act for fiscal year 2005.
Sec. 310. (a) The Secretary of Energy was directed to file
a permit modification to the Waste Analysis Plan (WAP) and
associated provisions contained in the Hazardous Waste Facility
Permit for the Waste Isolation Pilot Plant (WIPP). For purposes
of determining hereafter compliance of the modifications to the
WAP with the hazardous waste analysis requirements of the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), or other
applicable laws waste confirmation for all waste received for
storage and disposal shall be limited to: (1) confirmation that
the waste contains no ignitable, corrosive, or reactive waste
through the use of either radiography or visual examination of
a statistically representative subpopulation of the waste; and
(2) review of the Waste Stream Profile Form to verify that the
waste contains no ignitable, corrosive, or reactive waste and
that assigned Environmental Protection Agency hazardous waste
numbers are allowed for storage and disposal by the WIPP
Hazardous Waste Facility Permit.
(b) Compliance with the disposal room performance standards
of the WAP hereafter shall be demonstrated exclusively by
monitoring airborne volatile organic compounds in underground
disposal rooms in which waste has been emplaced until panel
closure.
Sec. 311. Section 3113 of Public Law 102-486 (42 U.S.C.
2297h-11) is amended by adding a new paragraph (4) to
subsection (a), as follows:
``(4) In the event that a licensee requests the
Secretary to accept for disposal depleted uranium
pursuant to this subsection, the Secretary shall be
required to take title to and possession of such
depleted uranium at an existing DUF6 storage
facility.''.
Sec. 312. The Department of Energy may use the funds
appropriated by this Act to undertake any procurement action
necessary to achieve its small business contracting goals set
forth in Section (g) of the Small Business Act, 15 U.S.C.
Sec. 644(g): Provided, That, none of the funds appropriated by
this Act may be used by the Department of Energy for
procurement actions resulting from the break-out of
requirements from current facility management and operating
contracts unless, consistent with requirements of Subpart 19.4
of the Federal Acquisition Regulation, the Secretary of Energy
or his duly authorized designee formally requests, considers,
and renders an appropriate decision on the views of the Small
Business Administration Breakout Procurement Center
Representative or the Representative's duly authorized designee
concerning cost effectiveness, mission performance, security,
safety, small business participation, and other legitimate
acquisition objectives of procurement actions at issue. No
later than April 1, 2005, the Secretary of Energy shall submit
a report to the Comptroller General and to Congress discussing
the Secretary's plans required by Section 15(h) of the Small
Business Act, 15 U.S.C. Sec. 644(h), for meeting the
Department's statutory small business contracting goals while
taking into account other legitimate acquisition objectives. In
preparing the report, the Secretary shall request and consider
the views of the Administrator of the Small Business
Administration and the Director of the Office of Small and
Disadvantaged Business Utilization of the Department of Energy.
The report shall discuss the Department's policies and
activities concerning break-outs of procurement requirements
from current management and operating contracts, consistent
with requirements of this Act, Section 15(h) of the Small
Business Act, and Subpart 19.4 of the Federal Acquisition
Regulations.
Sec. 313. None of the funds appropriated by this Act may be
used by the Department of Energy to require its management and
operating contractors to perform contract management,
oversight, or administration functions prohibited by Section
7.503 of the Federal Acquisition Regulation in connection with
any small business prime contract awarded by the Department of
Energy.
Sec. 314. None of the funds in this Act may be used to
dispose of transuranic waste in the Waste Isolation Pilot Plant
which 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 is generated after such
date. For the purpose of this section, the material categories
of transuranic waste at the Rocky Flats Environmental
Technology Site include: (1) ash residues; (2) salt residue;
(3) wet residues; (4) direct repackage residues; and (5) scrub
alloy as referenced in the ``Final Environmental Impact
Statement on Management of Certain Plutonium Residues and Scrub
Alloy Stored at the Rocky Flats Environmental Technology
Site''.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, for necessary expenses for the Federal Co-Chairman and
the alternate on the Appalachian Regional Commission, for
payment of the Federal share of the administrative expenses of
the Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $66,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $20,268,000, to remain available until expended.
Delta Regional Authority
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, as amended, notwithstanding
sections 382C(b)(2), 382F(d), and 382M(b) of said Act,
$6,048,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $67,000,000
nothwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998, $2,500,000, to remain
available until expended: Provided, That of the amounts
provided to the Denali Commission, $5,000,000 is for community
showers and washeteria in villages with homes with no running
water; $13,000,000 is for the Juneau/Green's Creek/Hoonah
Intertie project; $3,200,000 is for the Swan Lake/Tyee Intertie
project; $5,000,000 is for multi-purpose community facilities
including the Bering Straits Region, Dillingham, Moose Pass,
Sterling, Funny River, Eclutna, and Anchor Point; $10,000,000
is for teacher housing in remote villages such as Savoogna,
Allakakaet, Hughes, Huslia, Minto, Nulato, and Ruby where there
is limited housing available for teachers; $10,000,000 is for
facilities serving Native elders and senior citizens; and
$5,000,000 is for (1) the Rural Communications service to
provide broadcast facilities in communities with no television
or radio station, (2) the Public Broadcasting Digital
Distribution Network to link rural broadcasting facilities
together to improve economies of scale, share programming, and
reduce operating costs and (3) rural public broadcasting
facilities and equipment upgrades.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$15,000), and purchase of promotional items for use in the
recruitment of individuals for employment, $662,777,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $69,050,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $534,354,000 in fiscal year 2005 shall
be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2005 so as to result in a final
fiscal year 2005 appropriation estimated at not more than
$128,423,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $7,518,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $6,766,200 in fiscal year 2005 shall be retained
and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2005 so as to result in a final fiscal year 2005 appropriation
estimated at not more than $751,800.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,177,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 503. None of the funds made available in this Act may
be used to deny requests for the public release of documents or
evidence obtained through or in the Western Energy Markets:
Enron Investigation (Docket No. PA02-2), the California Refund
case (Docket No. EL00-95), the Anomalous Bidding Investigation
(Docket No. IN03-10), or the Physical Withholding
Investigation.
Sec. 504. Extension of Prohibition of Oil and Gas Drilling
in the Great Lakes. Section 503 of the Energy and Water
Development Appropriations Act, 2002, (115 Stat. 512), as
amended, is amended by striking ``2005'' and inserting in lieu
thereof ``2007''.
Sec. 505. The Secretary of the Army is hereby authorized,
without further appropriation, to transfer and advance funds to
the Administrator of the Bonneville Power Administration for
the purposes necessary to carry out joint activities in
connection with Section 2406 of the Energy Policy Act of 1992.
Sec. 506. Voting Method for Delta Regional Authority.
Section 382B(c)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-1(c)(1)) is amended--
(1) in subparagraph (A), by striking ``2004'' and
inserting ``2008''; and
(2) in subparagraph (B), by striking ``2005'' and
inserting ``2009''.
TITLE VI--REFORM OF THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY
AUTHORITY
SEC. 601. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831
et seq.) is amended by striking section 2 and inserting the
following:
``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS.
``(a) Membership.--
``(1) Appointment.--The Board of Directors of the
Corporation (referred to in this Act as the `Board')
shall be composed of 9 members appointed by the
President by and with the advice and consent of the
Senate, at least 7 of whom shall be a legal resident of
the service area of the Corporation.
``(2) Chairman.--The members of the Board shall
select 1 of the members to act as chairman of the
Board.
``(b) Qualifications.--To be eligible to be appointed as a
member of the Board, an individual--
``(1) shall be a citizen of the United States;
``(2) shall have management expertise relative to a
large for-profit or nonprofit corporate, government, or
academic structure;
``(3) shall not be an employee of the Corporation;
``(4) shall make full disclosure to Congress of any
investment or other financial interest that the
individual holds in the energy industry; and
``(5) shall affirm support for the objectives and
missions of the Corporation, including being a national
leader in technological innovation, low-cost power, and
environmental stewardship.
``(c) Recommendations.--In appointing members of the Board,
the President shall--
``(1) consider recommendations from such public
officials as--
``(A) the Governors of States in the
service area;
``(B) individual citizens;
``(C) business, industrial, labor, electric
power distribution, environmental, civic, and
service organizations; and
``(D) the congressional delegations of the
States in the service area; and
``(2) seek qualified members from among persons who
reflect the diversity, including the geographical
diversity, and needs of the service area of the
Corporation.
``(d) Terms.--
``(1) In general.--A member of the Board shall
serve a term of 5 years. A member of the Board whose
term has expired may continue to serve after the
member's term has expired until the date on which a
successor takes office, except that the member shall
not serve beyond the end of the session of Congress in
which the term of the member expires.
``(2) Vacancies.--A member appointed to fill a
vacancy on the Board occurring before the expiration of
the term for which the predecessor of the member was
appointed shall be appointed for the remainder of that
term.
``(e) Quorum.--
``(1) In general.--Five of the members of the Board
shall constitute a quorum for the transaction of
business.
``(2) Vacancies.--A vacancy on the Board shall not
impair the power of the Board to act.
``(f) Compensation.--
``(1) In general.--A member of the Board shall be
entitled to receive--
``(A) a stipend of--
``(i) $45,000 per year; or
``(ii)(I) in the case of the
chairman of any committee of the Board
created by the Board, $46,000 per year;
or
``(II) in the case of the chairman
of the Board, $50,000 per year; and
``(B) travel expenses, including per diem
in lieu of subsistence, in the same manner as
persons employed intermittently in Government
service under section 5703 of title 5, United
States Code.
``(2) Adjustments in stipends.--The amount of the
stipend under paragraph (1)(A)(i) shall be adjusted by
the same percentage, at the same time and manner, and
subject to the same limitations as are applicable to
adjustments under section 5318 of title 5, United
States Code.
``(g) Duties.--
``(1) In general.--The Board shall--
``(A) establish the broad goals,
objectives, and policies of the Corporation
that are appropriate to carry out this Act;
``(B) develop long-range plans to guide the
Corporation in achieving the goals, objectives,
and policies of the Corporation and provide
assistance to the chief executive officer to
achieve those goals, objectives, and policies;
``(C) ensure that those goals, objectives,
and policies are achieved;
``(D) approve an annual budget for the
Corporation;
``(E) adopt and submit to Congress a
conflict-of-interest policy applicable to
members of the Board and employees of the
Corporation;
``(F) establish a compensation plan for
employees of the Corporation in accordance with
subsection (i);
``(G) approve all compensation (including
salary or any other pay, bonuses, benefits,
incentives, and any other form of remuneration)
of all managers and technical personnel that
report directly to the chief executive officer
(including any adjustment to compensation);
``(H) ensure that all activities of the
Corporation are carried out in compliance with
applicable law;
``(I) create an audit committee, composed
solely of Board members independent of the
management of the Corporation, which shall--
``(i) in consultation with the
inspector general of the Corporation,
recommend to the Board an external
auditor;
``(ii) receive and review reports
from the external auditor of the
Corporation and inspector general of
the Corporation; and
``(iii) make such recommendations
to the Board as the audit committee
considers necessary;
``(J) create such other committees of Board
members as the Board considers to be
appropriate;
``(K) conduct such public hearings as it
deems appropriate on issues that could have a
substantial effect on--
``(i) the electric ratepayers in
the service area; or
``(ii) the economic, environmental,
social, or physical well-being of the
people of the service area;
``(L) establish the electricity rates
charged by the Corporation; and
``(M) engage the services of an external
auditor for the Corporation.
``(2) Meetings.--The Board shall meet at least 4
times each year.
``(h) Chief Executive Officer.--
``(1) Appointment.--The Board shall appoint a
person to serve as chief executive officer of the
Corporation.
``(2) Qualifications.--
``(A) In general.--To serve as chief
executive officer of the Corporation, a
person--
``(i) shall have senior executive-
level management experience in large,
complex organizations;
``(ii) shall not be a current
member of the Board or have served as a
member of the Board within 2 years
before being appointed chief executive
officer; and
``(iii) shall comply with the
conflict-of-interest policy adopted by
the Board.
``(B) Expertise.--In appointing a chief
executive officer, the Board shall give
particular consideration to appointing an
individual with expertise in the electric
industry and with strong financial skills.
``(3) Tenure.--The chief executive officer shall
serve at the pleasure of the Board.
``(i) Compensation Plan.--
``(1) In general.--The Board shall approve a
compensation plan that specifies all compensation
(including salary or any other pay, bonuses, benefits,
incentives, and any other form of remuneration) for the
chief executive officer and employees of the
Corporation.
``(2) Annual survey.--The compensation plan shall
be based on an annual survey of the prevailing
compensation for similar positions in private industry,
including engineering and electric utility companies,
publicly owned electric utilities, and Federal, State,
and local governments.
``(3) Considerations.--The compensation plan shall
provide that education, experience, level of
responsibility, geographic differences, and retention
and recruitment needs will be taken into account in
determining compensation of employees.
``(4) Positions at or below level iv.--The chief
executive officer shall determine the salary and
benefits of employees whose annual salary is not
greater than the annual rate payable for positions at
level IV of the Executive Schedule under section 5315
of title 5, United States Code.
``(5) Positions above level iv.--On the
recommendation of the chief executive officer, the
Board shall approve the salaries of employees whose
annual salaries would be in excess of the annual rate
payable for positions at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.''.
SEC. 602. CHANGE IN MANNER OF APPOINTMENT OF STAFF.
Section 3 of the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831b) is amended--
(1) by striking the first undesignated paragraph
and inserting the following:
``(a) Appointment by the Chief Executive Officer.--The
chief executive officer shall appoint, with the advice and
consent of the Board, and without regard to the provisions of
the civil service laws applicable to officers and employees of
the United States, such managers, assistant managers, officers,
employees, attorneys, and agents as are necessary for the
transaction of the business of the Corporation.''; and
(2) by striking ``All contracts'' and inserting the
following:
``(b) Wage Rates.--All contracts''.
SEC. 603. CONFORMING AMENDMENTS.
(a) The Tennessee Valley Authority Act of 1933 (16 U.S.C.
831 et seq.) is amended--
(1) by striking ``board of directors'' each place
it appears and inserting ``Board of Directors''; and
(2) by striking ``board'' each place it appears and
inserting ``Board''.
(b) Section 9 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831h) is amended--
(1) by striking ``The Comptroller General of the
United States shall audit'' and inserting the
following:
``(c) Audits.--The Comptroller General of the United States
shall audit''; and
(2) by striking ``The Corporation shall determine''
and inserting the following:
``(d) Administrative Accounts and Business Documents.--The
Corporation shall determine''.
(c) Title 5, United States Code, is amended--
(1) in section 5314, by striking ``Chairman, Board
of Directors of the Tennessee Valley Authority.''; and
(2) in section 5315, by striking ``Members, Board
of Directors of the Tennessee Valley Authority.''.
SEC. 604. APPOINTMENTS; EFFECTIVE DATE; TRANSITION.
(a) Appointments.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the President shall
submit to the Senate nominations of 6 persons to serve
as members of the Board of Directors of the Tennessee
Valley Authority in addition to the members serving on
the date of enactment of this Act.
(2) Initial terms.--Notwithstanding section 2(d) of
the Tennessee Valley Authority Act of 1933 (as amended
by this title), in making the appointments under
paragraph (1), the President shall appoint--
(A) 2 members for a term to expire on May
18, 2007;
(B) 2 members for a term to expire on May
18, 2009; and
(C) 2 members for a term to expire on May
18, 2011.
(b) Effective Date.--The amendments made by this title take
effect on the later of--
(1) the date on which at least 3 persons nominated
under subsection (a) take office; or
(2) May 18, 2005.
(c) Selection of Chairman.--The Board of Directors of the
Tennessee Valley Authority shall select 1 of the members to act
as chairman of the Board not later than 30 days after the
effective date specified in subsection (b).
(d) Conflict-of-Interest Policy.--The Board of Directors of
the Tennessee Valley Authority shall adopt and submit to
Congress a conflict-of-interest policy, as required by section
2(g)(1)(E) of the Tennessee Valley Authority Act of 1933 (as
amended by this title), as soon as practicable after the
effective date specified in subsection (b).
(e) Transition.--A person who is serving as a member of the
board of directors of the Tennessee Valley Authority on the
date of enactment of this Act--
(1) shall continue to serve until the end of the
current term of the member; but
(2) after the effective date specified in
subsection (b), shall serve under the terms of the
Tennessee Valley Authority Act of 1933 (as amended by
this title).
This Division may be cited as the ``Energy and
Water Development Appropriations Act, 2005''.
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2005
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further, That notwithstanding
section 1(c) of Public Law 103-428, as amended, sections 1(a)
and (b) of Public Law 103-428 shall remain in effect through
October 1, 2005.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $59,800,000, to remain
available until September 30, 2008: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall remain available until
September 30, 2023 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2005, 2006, 2007, and 2008: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
and related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import
Bank Act of 1945, in connection with the purchase or lease of
any product by any Eastern European country, any Baltic State
or any agency or national thereof: Provided further, That not
later than 30 days after the date of enactment of this Act, the
Export-Import Bank shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate,
containing an analysis of the economic impact on United States
producers of ethanol of the extension of credit and financial
guarantees for the development of an ethanol dehydration plant
in Trinidad and Tobago, including a determination of whether
such extension will cause substantial injury to such producers,
as defined in section 2(e)(4) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(e)(4)).
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$73,200,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That, notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2005.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $42,885,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2005 and 2006: Provided further, That such
sums shall remain available through fiscal year 2013 for the
disbursement of direct and guaranteed loans obligated in fiscal
year 2005, and through fiscal year 2014 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2006:
Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized
to undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous
proviso shall be subject to the regular notification procedures
of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $51,500,000,
to remain available until September 30, 2006.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2005,
unless otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds otherwise
available for such purposes, $1,550,000,000, to remain
available until September 30, 2006: Provided, That this amount
shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children displaced or orphaned by AIDS; and (6)
family planning/reproductive health: Provided further, That
none of the funds appropriated under this heading may be made
available for nonproject assistance, except that funds may be
made available for such assistance for ongoing health
activities: Provided further, That of the funds appropriated
under this heading, not to exceed $250,000, in addition to
funds otherwise available for such purposes, may be used to
monitor and provide oversight of child survival, maternal and
family planning/reproductive health, and infectious disease
programs: Provided further, That the following amounts should
be allocated as follows: $345,000,000 for child survival and
maternal health; $30,000,000 for vulnerable children;
$350,000,000 for HIV/AIDS including not less than $30,000,000
to support the development of microbicides as a means for
combating HIV/AIDS; $200,000,000 for other infectious diseases;
and $375,000,000 for family planning/reproductive health,
including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this heading, and in addition to
funds allocated under the previous proviso, not less than
$250,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public
Law 108-25), for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global
Fund''), and shall be expended at the minimum rate necessary to
make timely payment for projects and activities: Provided
further, That of the funds appropriated under this heading in
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004, that were withheld from obligation to
the Global Fund, not less than $87,800,000 shall be made
available to the Global Fund, notwithstanding section 202(d)(4)
of Public Law 108-25 which required such withholding from the
Global Fund in fiscal year 2004: Provided further, That the
funds made available in the previous proviso shall be subject
to any withholding required by section 202(d)(4) of Public Law
108-25 for contributions made to the Global Fund in fiscal year
2005: Provided further, That up to 5 percent of the aggregate
amount of funds made available to the Global Fund in fiscal
year 2005 may be made available to the United States Agency for
International Development for technical assistance related to
the activities of the Global Fund: Provided further, That of
the funds appropriated under this heading that are available
for HIV/AIDS programs and activities, not less than $27,000,000
should be made available for the International AIDS Vaccine
Initiative: Provided further, That of the funds appropriated
under this heading, $65,000,000 should be made available for a
United States contribution to The Vaccine Fund, and up to
$6,000,000 may be transferred to and merged with funds
appropriated by this Act under the heading ``Operating Expenses
of the United States Agency for International Development'' for
costs directly related to international health, but funds made
available for such costs may not be derived from amounts made
available for contribution under this and preceding provisos:
Provided further, That none of the funds made available in this
Act nor any unobligated balances from prior appropriations may
be made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That
none of the funds made available under this Act may be used to
pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice
abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions
against abortion under section 104 of the Foreign Assistance
Act of 1961: Provided further, That none of the funds made
available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only
to voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to
quotas, or other numerical targets, of total number of births,
number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not
be construed to include the use of quantitative estimates or
indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the
project shall not deny any right or benefit, including the
right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
of any individual's decision not to accept family planning
services; (4) the project shall provide family planning
acceptors comprehensible information on the health benefits and
risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those
adverse side effects known to be consequent to theuse of the
method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided
only in the context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than 60 days
after the date on which the Administrator of the United States Agency
for International Development determines that there has been a
violation of the requirements contained in paragraph (1), (2), (3), or
(5) of this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign Assistance Act
of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating
funds for foreign operations, export financing, and related programs,
the term ``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with local
law, of information or counseling about all pregnancy options: Provided
further, That to the maximum extent feasible, taking into consideration
cost, timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are made
available for condom procurement shall be made available only for the
procurement of condoms manufactured in the United States: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by
this Act shall be medically accurate and shall include the public
health benefits and failure rates of such use.
DEVELOPMENT ASSISTANCE
For necessary expenses of the United States Agency for
International Development to carry out the provisions of
sections 103, 105, 106, and 131, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $1,460,000,000, to remain
available until September 30, 2006: Provided, That $194,000,000
should be allocated for trade capacity building: Provided
further, That $300,000,000 should be allocated for basic
education: Provided further, That of the funds appropriated
under this heading and managed by the United States Agency for
International Development Bureau of Democracy, Conflict, and
Humanitarian Assistance, not less than $15,000,000 shall be
made available only for programs to improve women's leadership
capacity in recipient countries: Provided further, That such
funds may not be made available for construction: Provided
further, That of the aggregate amount of the funds appropriated
by this Act that are made available for agriculture and rural
development programs, $25,000,000 should be made available for
plant biotechnology research and development: Provided further,
That not less than $2,300,000 should be made available for core
support for the International Fertilizer Development Center:
Provided further, That of the funds appropriated under this
heading, not less than $20,000,000 should be made available for
the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this heading that
are made available for assistance programs for displaced and
orphaned children and victims of war, not to exceed $37,500, in
addition to funds otherwise available for such purposes, may be
used to monitor and provide oversight of such programs:
Provided further, That funds appropriated under this heading
should be made available for programs in sub-Saharan Africa to
address sexual and gender-based violence: Provided further,
That of the funds appropriated under this heading, $2,000,000
should be made available to develop clean water treatment
activities in developing countries: Provided further, That of
the funds appropriated by this Act, $100,000,000 shall be made
available for drinking water supply projects and related
activities.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For necessary expenses of the United States Agency for
International Development to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $335,500,000, to remain available
until expended.
In addition, for necessary expenses for assistance for
famine prevention and relief, including for mitigation of the
effects of famine, $34,500,000, to remain available until
expended: Provided, That such funds shall be made available
utilizing the general authorities of section 491 of the Foreign
Assistance Act of 1961, and shall be in addition to amounts
otherwise available for such purposes: Provided further, That
funds appropriated by this paragraph shall be available for
obligation subject to prior consultation with the Committees on
Appropriations.
TRANSITION INITIATIVES
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $49,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that is important to
the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 108 and 635 of the Foreign Assistance
Act of 1961, funds may be derived by transfer from funds
appropriated by this Act to carry outpart I of such Act and
under the heading ``Assistance for Eastern Europe and the Baltic
States'': Provided, That such funds shall not exceed $21,000,000, which
shall be made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes of part I
of the Act: Provided further, That such costs, including the cost of
modifying such direct and guaranteed loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans under this Act
or prior Acts, and funds used for such costs shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided, That funds made available under this heading shall
remain available until September 30, 2007.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act of
1980, $42,500,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$618,000,000, of which up to $25,000,000 may remain available
until September 30, 2006: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made available to finance the
construction (including architect and engineering services),
purchase, or long-term lease of offices for use by the United
States Agency for International Development, unless the
Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long-term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further,
That the previous proviso shall not apply where the total cost
of construction (including architect and engineering services),
purchase, or long-term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
fiscal year 2006: Provided further, That none of the funds in
this Act may be used to open a new overseas mission of the
United States Agency for International Development without the
prior written notification of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of
the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses of the
United States Agency for International Development'' in
accordance with the provisions of those sections.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$59,000,000, to remain available until expended: Provided, That
this amount is in addition to funds otherwise available for
such purposes: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the amounts
appropriated under this heading, not to exceed $19,709,000 may
be made available for the purposes of implementing the Capital
Security Cost Sharing Program.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $35,000,000,
to remain available until September 30, 2006, which sum shall
be available for the Office of the Inspector General of the
United States Agency for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,482,500,000, to remain available until
September 30, 2006: Provided, That of the funds appropriated
under this heading, not less than $360,000,000 shall be
available only for Israel, which sum shall be available on a
grant basis as a cash transfer and shall be disbursed within 30
days of the enactment of this Act: Provided further, That not
less than $535,000,000 shall be available only for Egypt, which
sum shall be provided on a grant basis, and of which sum cash
transfer assistance shall be provided with the understanding
that Egypt will undertake significant economic reforms which
are additional to those which were undertaken in previous
fiscal years, and of which $200,000,000 should be provided as
Commodity Import Program assistance: Provided further, That
with respect to the provision of assistance for Egypt for
democracy and governance activities, the organizations
implementing such assistance and the specific nature of that
assistance shall not be subject to the prior approval by the
Government of Egypt: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the
President shall ensure that the level of such assistance does
not cause an adverse impact on the total level of nonmilitary
exports from the United States to such country and that Israel
enters into a side letter agreement in an amount proportional
to the fiscal year 1999 agreement: Provided further, That of
the funds appropriated under this heading, not less than
$250,000,000 should be made available only for assistance for
Jordan: Provided further, That $13,500,000 of the funds
appropriated under this heading shall be made available for
Cyprus to be used only for scholarships, administrative support
of the scholarship program, bicommunalprojects, and measures
aimed at reunification of the island and designed to reduce tensions
and promote peace and cooperation between the two communities on
Cyprus: Provided further, That $35,000,000 of the funds appropriated
under this heading shall be made available for assistance for Lebanon,
of which not less than $4,000,000 should be made available for
scholarships and direct support of American educational institutions in
Lebanon: Provided further, That funds appropriated under this heading
may be used, notwithstanding any other provision of law, to provide
assistance to the National Democratic Alliance of Sudan to strengthen
its ability to protect civilians from attacks, slave raids, and aerial
bombardment by the Sudanese Government forces and its militia allies,
and the provision of such funds shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That in the previous proviso, the term ``assistance'' includes
non-lethal, non-food aid such as blankets, medicine, fuel, mobile
clinics, water drilling equipment, communications equipment to notify
civilians of aerial bombardment, non-military vehicles, tents, and
shoes: Provided further, That not to exceed $200,000,000 of the funds
appropriated under this heading may be used for the costs, as defined
in section 502 of the Congressional Budget Act of 1974, of modifying
direct loans and guarantees for Pakistan: Provided further, That
amounts that are made available under the previous proviso for the
costs of modifying direct loans and guarantees shall not be considered
``assistance'' for the purposes of provisions of law limiting
assistance to a country: Provided further, That of the funds
appropriated under this heading, not less than $22,000,000 shall be
made available for assistance for the Democratic Republic of Timor-
Leste, of which up to $1,000,000 may be available for administrative
expenses of the United States Agency for International Development:
Provided further, That of the funds available under this heading for
assistance for Indonesia, $3,000,000 should be made available to
promote freedom of the media in Indonesia: Provided further, That of
the funds appropriated under this heading, $5,000,000 shall be made
available to continue to support the provision of wheelchairs for needy
persons in developing countries: Provided further, That funds
appropriated under this heading that are made available for a Middle
East Financing Facility, Middle East Enterprise Fund, or any other
similar entity in the Middle East shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That with respect to funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign operations,
export financing, and related programs, the responsibility for policy
decisions and justifications for the use of such funds, including
whether there will be a program for a country that uses those funds and
the amount of each such program, shall be the responsibility of the
Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$18,500,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until September 30, 2006.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $396,600,000, to remain
available until September 30, 2006, which shall be available,
notwithstanding any other provision of law, for assistance and
for related programs for Eastern Europe and the Baltic States:
Provided, That of the funds appropriated under this heading
that are made available for assistance for Bulgaria, $2,000,000
should be made available to enhance safety at nuclear power
plants.
(b) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance.
(c) The provisions of section 529 of this Act shall apply
to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 529 of this Act, local currencies
generated by, or converted from, funds appropriated by this Act
and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(d) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation
on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and
Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $560,000,000, to remain available until September 30,
2006: Provided, That the provisions of such chapters shall
apply to funds appropriated by this paragraph: Provided
further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of law,
for confidence-building measures and other activities in
furtherance of the peaceful resolution of the regional
conflicts, especially those in the vicinity of Abkhazia and
Nagorno-Karabagh: Provided further, That of the funds
appropriated under this heading, $3,859,000 should be available
only to meet the health and other assistance needs of victims
of trafficking in persons: Provided further, That of the funds
appropriated under this heading, $17,500,000 shall be made
available solely for assistance for the Russian Far East:
Provided further, That, notwithstanding any other provision of
law, funds appropriated under this heading in this Act or prior
Acts making appropriations for foreign operations, export
financing, and related programs, that are made available
pursuant to the provisions of section 807 of Public Law 102-511
shall be subject to a 6 percent ceiling on administrative
expenses.
(b) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than
$5,000,000 should be made available for nuclear reactor safety
initiatives, and not less than $1,500,000 shall be made
available for coal mine safety programs.
(c) Of the funds appropriated under this heading, not less
than $55,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, environmental and reproductive health, and to combat
HIV/AIDS, tuberculosis and other infectious diseases, and for
related activities.
(d)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government ofthe Russian
Federation, 60 percent shall be withheld from obligation until the
President determines and certifies in writing to the Committees on
Appropriations that the Government of the Russian Federation:
(A) has terminated implementation of arrangements
to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(e) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $18,000,000,
to remain available until September 30, 2006.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, $19,000,000, to remain available until
September 30, 2006: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the board of directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $320,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2006.
MILLENNIUM CHALLENGE CORPORATION
For necessary expenses for the ``Millennium Challenge
Corporation'', $1,500,000,000, to remain available until
expended: Provided, That of the funds appropriated under this
heading, up to $50,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided
further, That none of the funds appropriated under this heading
may be made available for the provision of assistance until the
Chief Executive Officer of the Millennium Challenge Corporation
provides a written budget justification to the Committees on
Appropriations: Provided further, That up to 10 percent of the
funds appropriated under this heading may be made available to
carry out the purposes of section 616 of the Millennium
Challenge Act of 2003: Provided further, That none of the funds
available to carry out section 616 of such Act may be made
available until the Chief Executive Officer of the Millennium
Challenge Corporation provides a report to the Committees on
Appropriations listing the candidate countries that will be
receiving assistance under section 616 of such Act, the level
of assistance proposed for each such country, a description of
the proposed programs, projects and activities, and the
implementing agency or agencies of the United States
Government: Provided further, That section 605(e)(4) of the
Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading, and funds appropriated under
this heading in division D of Public Law 108-199, may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of 2003
only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual
agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for
the duration of the Compact: Provided further, That the
previous proviso shall be effective on the date of enactment of
this Act.
Department of State
GLOBAL HIV/AIDS INITIATIVE
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $1,385,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, not more than $8,818,000 may
be made available for administrative expenses of the Office of
the Coordinator of United States Government Activities to
Combat HIV/AIDS Globally of the Department of State: Provided
further, That of the funds appropriated under this heading,not
less than $27,000,000 should be made available for a United States
contribution to UNAIDS.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $328,820,000, to remain
available until September 30, 2007: Provided, That during
fiscal year 2005, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity: Provided
further, That of the funds appropriated under this heading, not
less than $11,900,000 should be made available for training
programs and activities of the International Law Enforcement
Academies: Provided further, That of the funds appropriated
under this heading, not less than $4,000,000 should be made
available for assistance for the Philippines for police
training and other related activities: Provided further, That
$10,000,000 of the funds appropriated under this heading shall
be made available for demand reduction programs: Provided
further, That $40,000,000 of the funds appropriated under this
heading should be made available for assistance for Mexico:
Provided further, That $10,500,000 of the funds appropriated
under this heading should be made available for assistance for
countries and programs in Africa: Provided further, That of the
funds appropriated under this heading, $3,000,000 shall be made
available for assistance for the Government of Malta for the
purchase of helicopters to enhance its ability to control its
borders and deter terrorists: Provided further, That of the
funds appropriated under this heading, not more than
$30,300,000 may be available for administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America, $731,000,000,
to remain available until September 30, 2007: Provided, That in
fiscal year 2005, funds available to the Department of State
for assistance to the Government of Colombia shall be available
to support a unified campaign against narcotics trafficking,
against activities by organizations designated as terrorist
organizations such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), and the
United Self-Defense Forces of Colombia (AUC), and to take
actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations:
Provided further, That this authority shall cease to be
effective if the Secretary of State has credible evidence that
the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for
human rights in areas under the effective control of
paramilitary and guerrilla organizations: Provided further,
That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the
operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately
returned to the United States: Provided further, That none of
the funds appropriated by this Act may be made available to
support a Peruvian air interdiction program until the Secretary
of State and Director of Central Intelligence certify to the
Congress, 30 days before any resumption of United States
involvement in a Peruvian air interdiction program, that an air
interdiction program that permits the ability of the Peruvian
Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any
incident similar to the April 20, 2001 incident: Provided
further, That the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall provide to the Committees on Appropriations
not later than 45 days after the date of the enactment of this
Act and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of all funds
under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That
of the funds appropriated under this heading, not less than
$264,600,000 shall be made available for alternative
development/institution building, of which $237,000,000 shall
be apportioned directly to the United States Agency for
International Development, including $125,700,000 for
assistance for Colombia: Provided further, That with respect to
funds apportioned to the United States Agency for International
Development under the previous proviso, the responsibility for
policy decisions for the use of such funds, including what
activities will be funded and the amount of funds that will be
provided for each of those activities, shall be the
responsibility of the Administrator of the United States Agency
for International Development in consultation with the
Assistant Secretary of State for International Narcotics and
Law Enforcement Affairs: Provided further, That of the funds
appropriated under this heading, not less than $6,000,000
should be made available for judicial reform programs in
Colombia: Provided further, That of the funds appropriated
under this heading, in addition to funds made available
pursuant to the previous proviso, not less than $6,000,000
shall be made available to the United States Agency for
International Development for organizations and programs to
protect human rights: Provided further, That funds made
available in this Act for demobilization/reintegration of
members of foreign terrorist organizations in Colombia shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That not more than 20 percent of the funds
appropriated by this Act that are used for the procurement of
chemicals for aerial coca and poppy fumigation programs may be
made available for such programs unless the Secretary of State
certifies to the Committees on Appropriations that: (1) the
herbicide mixture is being used in accordance with EPA label
requirements for comparable use in the United States and with
Colombian laws; and (2) the herbicide mixture, in the manner it
is being used, does not pose unreasonable risks or adverse
effects to humans or the environment: Provided further, That
such funds may not be made available unless the Secretary of
State certifies to the Committees on Appropriations that
complaints of harm to health or licit crops caused by such
fumigation are evaluated and fair compensation is being paid
for meritorious claims: Provided further, That such funds may
not be made available for such purposes unless programs are
being implemented by the United States Agency for International
Development, the Government of Colombia, or other
organizations, in consultation with local communities, to
provide alternative sources of income in areas where security
permits for small-acreage growers whose illicit crops are
targeted for fumigation: Provided further, That of the funds
appropriated under this heading, $2,000,000 should be made
available through nongovernmental organizations for programs to
protect biodiversity and indigenous reserves in Colombia:
Provided further, That funds appropriated by this Act may be
used for aerial fumigation in Colombia's national parks or
reserves only if the Secretary of State determines that it is
in accordance with Colombian laws and that there are no
effective alternatives to reduce drug cultivation in these
areas: Provided further, That section 482(b) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated
under this heading: Provided further, That assistance provided
with funds appropriatedunder this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act
of 1961 shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
no United States Armed Forces personnel or United States civilian
contractor employed by the United States will participate in any combat
operation in connection with assistance made available by this Act for
Colombia: Provided further, That funds appropriated under this heading
that are available for assistance for the Bolivian military and police
may be made available for such purposes only if the Bolivian military
and police are respecting human rights and cooperating with civilian
judicial authorities, and the Bolivian Government is prosecuting and
punishing those responsible for violations of human rights: Provided
further, That of the funds appropriated under this heading, not more
than $16,285,000 may be available for administrative expenses of the
Department of State, and not more than $7,800,000 may be available, in
addition to amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for International
Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $770,000,000, which shall remain
available until expended: Provided, That not more than
$22,000,000 may be available for administrative expenses:
Provided further, That not less than $50,000,000 of the funds
made available under this heading shall be made available for
refugees from the former Soviet Union and Eastern Europe and
other refugees resettling in Israel: Provided further, That
funds appropriated under this heading may be made available for
a headquarters contribution to the International Committee of
the Red Cross only if the Secretary of State determines (and so
reports to the appropriate committees of Congress) that the
Magen David Adom Society of Israel is not being denied
participation in the activities of the International Red Cross
and Red Crescent Movement.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $30,000,000, to remain
available until expended: Provided, That funds made available
under this heading are appropriated notwithstanding the
provisions contained in section 2(c)(2) of such Act which would
limit the amount of funds which could be appropriated for this
purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$402,000,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $32,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the activities
of that Agency: Provided further, That funds available during
fiscal year 2005 for a contribution to the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission and that are not
necessary to make the United States contribution to the
Commission in the amount assessed for fiscal year 2005 shall be
made available for a voluntary contribution to the
International Atomic Energy Agency and shall remain available
until September 30, 2006: Provided further, That of the funds
made available for demining and related activities, not to
exceed $690,000, in addition to funds otherwise available for
such purposes, may be used for administrative expenses related
to the operation and management of the demining program:
Provided further, That funds appropriated under this heading
that are available for ``Anti-terrorism Assistance'' and
``Export Control and Border Security'' shall remain available
until September 30, 2006.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $19,000,000,
to remain available until September 30, 2007, which shall be
available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, and of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, and concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $100,000,000, to remain available until September
30, 2007: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961: Provided further, That up to $75,000,000 of the
funds appropriated under this heading may be used by the
Secretary of the Treasury to pay to the Heavily Indebted Poor
Countries (HIPC) Trust Fund administered by the International
Bank for Reconstruction and Development amounts for the benefit
of countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section 1000(a)(5)
of Public Law 106-113: Provided further, That amounts paidto
the HIPC Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not
to accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their
commitment to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office: Provided further, That none of the
funds appropriated under this heading may be paid to the HIPC
Trust Fund for the benefit of any country that has accepted
loans from an international financial institution between such
country's decision point and completion point: Provided
further, That the terms ``decision point'' and ``completion
point'' shall have the same meaning as defined by the
International Monetary Fund.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $89,730,000,
of which up to $3,000,000 may remain available until expended:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under
this heading for military education and training for Guatemala
may only be available for expanded international military
education and training, and funds made available for Haiti, the
Democratic Republic of the Congo, and Nigeria may only be
provided through the regular notification procedures of the
Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,783,500,000: Provided, That of the funds
appropriated under this heading, not less than $2,220,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$580,000,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, $206,000,000 should be made
available for assistance for Jordan: Provided further, That in
addition to the funds appropriated under this heading, up to
$150,000,000 for assistance for Pakistan may be derived by
transfer from unobligated balances of funds appropriated under
the headings ``Economic Support Fund'' and ``Foreign Military
Financing Program'' in prior appropriations Acts and not
otherwise designated in those Acts for a specific country, use,
or purpose: Provided further, That of the funds appropriated
under this heading, not more than $2,000,000 may be made
available for assistance for Uganda and only for non-lethal
military equipment if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uganda has made significant progress in: (1) the protection
of human rights, especially preventing acts of torture; (2) the
protection of civilians in northern and eastern Uganda; and (3)
the professionalization of the Ugandan armed forces: Provided
further, That funds appropriated or otherwise made available by
this paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this
paragraph shall be obligated upon apportionment in accordance
with paragraph (5)(C) of title 31, United States Code, section
1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Sudan and Guatemala: Provided further, That none
of the funds appropriated under this heading may be made
available for assistance for Haiti except pursuant to the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries for
which assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds
made available under this heading for procurement of defense
articles, defense services or design and construction services
that are not sold by the United States Government under the
Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the
minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$40,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales: Provided further, That not more
than $367,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2005 pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2005 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New
York within 30 days of enactment of this Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$104,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global
Environment Facility, $107,500,000 to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $850,000,000, to remain
available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $11,000,000, to remain
available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $100,000,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the
Secretary of the Treasury, $4,100,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $79,532,933.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $106,000,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,431,111 for
the United States share of the paid-in portion of the increase
in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$121,996,662.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $15,000,000, to remain available
until expended.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $328,394,000: Provided, That none of
the funds appropriated under this heading may be made available
to the International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 501. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while any
alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES
Sec. 502. None of the funds appropriated by this Act may be
made available to pay any voluntary contribution of the United
States to the United Nations (including the United Nations
Development Program) if the United Nations implements or
imposes any taxation on any United States persons.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be available
for representation allowances for the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further,
That of the funds made available by this Act for general costs
of administering military assistance and sales under the
heading ``Foreign Military Financing Program'', not to exceed
$4,000 shall be available for entertainment expenses and not to
exceed $130,000 shall be available for representation
allowances: Provided further, That of the funds made available
by this Act under the heading ``International Military
Education and Training'', not to exceed $55,000 shall be
available for entertainment allowances: Provided further, That
of the funds made available by this Act for the Inter-American
Foundation, not to exceed $2,000 shall be available for
entertainment and representation allowances: Provided further,
That of the funds made available by this Act for the Peace
Corps, not to exceed a total of $4,000 shall be available for
entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $4,000 shall be available
for representation and entertainment allowances: Provided
further, That of the funds made available by this Act under the
heading ``Millennium Challenge Corporation'', not to exceed
$115,000 shall be available for representation and
entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Sec. 506. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide
assistance for a foreign country under a new bilateral
agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign
government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2005 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2006 and allocated
for the central government of such country and for the West
Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply
to any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the policy of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Libya, North Korea, Iran, or Syria: Provided, That for purposes
of this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents.
MILITARY COUPS
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on
Appropriations.
TRANSFERS
Sec. 509. (a)(1) Limitation on Transfers Between
Agencies.--None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) Transfers Between Accounts.--None of the funds made
available by this Act may be obligated under an appropriation
account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the
President, not less than five days prior to the exercise of any
authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the House
of Representatives and the Senate.
(c) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred
under such authority may be made available for the cost of such
audits.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 510. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
AVAILABILITY OF FUNDS
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 667, chapters 4,
6, 8, and 9 of part II of the Foreign Assistance Act of 1961,
section 23 of the Arms Export Control Act, and funds provided
under the heading ``Assistance for Eastern Europe and the
Baltic States'', shall remain available for an additional four
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to the government of
any country which is in default during a period in excess of
one calendar year in payment to the United States of principal
or interest on any loan made to the government of such country
by the United States pursuant to a program for which funds are
appropriated under this Act unless the President determines,
following consultations with the Committees on Appropriations,
that assistance to such country is in the national interest of
the United States.
COMMERCE AND TRADE
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any loan,
any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the
Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing
commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating Expenses
of the United States Agency for International Development'',
``Operating Expenses of the United States Agency for
International Development Office of Inspector General'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'' (by country
only), ``Foreign Military Financing Program'', ``International
Military Education and Training'', ``Peace Corps'', and
``Migration and Refugee Assistance'', shall be available for
obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in
excess of the amount justified to the Committees on
Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations of both Houses
of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program,
or project for which funds are appropriated under title II of
this Act of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case of
any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations for
foreign operations, export financing, and related programs,
which are returned or not made available for organizations and
programs because of the implementation of section 307(a) of the
Foreign Assistance Act of 1961, shall remain available for
obligation until September 30, 2006.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines that
to do so is in the national security interest of the United
States.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Georgia, and Ukraine shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for projects
or activities that have as one of their primary purposes the
fostering of private sector development, the Coordinator for
United States Assistance to Europe and Eurasia and the
implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
PROHIBITION OF FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2005, for programs under title I of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Liberia, Serbia, Sudan, Zimbabwe,
Pakistan, or Cambodia except as provided through the regular
notification procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic Support
Fund and Foreign Military Financing Program, ``program,
project, and activity'' shall also be considered to include
country, regional, and central program level funding within
each such account; for the development assistance accounts of
the United States Agency for International Development
``program, project, and activity'' shall also be considered to
include central, country, regional, and program level funding,
either as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of
the enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
Sec. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival and
Health Programs Fund'', may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned
to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be
used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles II and III of this Act that are
made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other provision
of law except for the provisions under the heading ``Child
Survival and Health Programs Fund'' and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided further, That of the funds appropriated under title II
of this Act, not less than $441,000,000 shall be made available
for family planning/reproductive health.
AFGHANISTAN
Sec. 523. Of the funds appropriated by titles II and III of
this Act, not less than $980,000,000 should be made available
for humanitarian, reconstruction, and related assistance for
Afghanistan: Provided, That of the funds made available
pursuant to this section, not less than $2,000,000 should be
made available for reforestation activities: Provided further,
That funds made available pursuant to the previous proviso
should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided
further, That of the funds made available pursuant to this
section, not less than $2,000,000 should be made available for
the Afghan Independent Human Rights Commission and for other
Afghan human rights organizations: Provided further, That to
the maximum extent practicable members of the Afghan National
Army should be vetted for involvement in terrorism, human
rights violations, and drug trafficking: Provided further, That
of the funds allocated for assistance for Afghanistan from this
Act and other Acts making appropriations for foreign
operations, export financing, and related programs for fiscal
year 2005, not less than $50,000,000 should be made available
to support programs that directly address the needs of Afghan
women and girls, of which not less than $7,500,000 shall be
made available for small grants to support training and
equipment to improve the capacity of women-led Afghan
nongovernmental organizations and to support the activities of
such organizations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excessdefense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.
HIV/AIDS
Sec. 525. (a)(1) Notwithstanding any other provision of
this Act, 25 percent of the funds that are appropriated by this
Act for a contribution to support the Global Fund to Fight
AIDS, Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the Secretary
of State certifies to the Committees on Appropriations that the
Global Fund--
(A) is establishing a full time, professional,
independent office which reports directly to the Global
Fund Board regarding, among other things, the integrity
of processes for consideration and approval of grant
proposals, and the implementation, monitoring and
evaluation of grants made by the Global Fund;
(B) is strengthening domestic civil society
participation, especially for people living with HIV/
AIDS, in country coordinating mechanisms;
(C) is establishing procedures to assess the need
for, and coordinate, technical assistance for Global
Fund activities, in cooperation with bilateral and
multilateral donors;
(D) has established clear progress indicators upon
which to determine the release of incremental
disbursements;
(E) is releasing such incremental disbursements
only if positive results have been attained based on
those indicators; and
(F) is providing support and oversight to country-
level entities, such as country coordinating
mechanisms, principal recipients, and local Fund
agents, to enable them to fulfill their mandates.
(2) The Secretary of State may waive paragraph (1) of this
subsection if he determines and reports to the Committees on
Appropriations that such waiver is important to the national
interest of the United States.
(b)(1) In furtherance of the purposes of section 104A of
the Foreign Assistance Act of 1961, and to assist in providing
a safe, secure, reliable, and sustainable supply chain of
pharmaceuticals and other products needed to provide care and
treatment of persons with HIV/AIDS and related infections, the
Coordinator of the United States Government Activities to
Combat HIV/AIDS Globally (the ``Coordinator'') is authorized to
establish an HIV/AIDS Working Capital Fund (in this section
referred to as the ``HIV/AIDS Fund'').
(2) Funds deposited during any fiscal year in the HIV/AIDS
Fund shall be available without fiscal year limitation and used
for pharmaceuticals and other products needed to provide care
and treatment of persons with HIV/AIDS and related infections,
including, but not limited to--
(A) anti-retroviral drugs;
(B) other pharmaceuticals and medical items needed
to provide care and treatment to persons with HIV/AIDS
and related infections;
(C) laboratory and other supplies for performing
tests related to the provision of care and treatment to
persons with HIV/AIDS and related infections;
(D) other medical supplies needed for the operation
of HIV/AIDS treatment and care centers, including
products needed in programs for the prevention of
mother-to-child transmission;
(E) pharmaceuticals and health commodities needed
for the provision of palliative care; and
(F) laboratory and clinical equipment, as well as
equipment needed for the transportation and care of
HIV/AIDS supplies, and other equipment needed to
provide prevention, care and treatment of HIV/AIDS
described above.
(3) There may be deposited during any fiscal year in the
HIV/AIDS Fund payments for HIV/AIDS pharmaceuticals and
products provided from the HIV/AIDS Fund received from
applicable appropriations and funds of the United States Agency
for International Development, the Department of Health and
Human Services, the Department of Defense, or other Federal
agencies and other sources at actual cost of the HIV/AIDS
pharmaceuticals and other products, actual cost plus the
additional costs of providing such HIV/AIDS pharmaceuticals and
other products, or at any other price agreed to by the
Coordinator or his designee.
(4) There may be deposited in the HIV/AIDS Fund payments
for the loss of, or damage to, HIV/AIDS pharmaceuticals and
products held in the HIV/AIDS Fund, rebates, reimbursements,
refunds and other credits applicable to the operation of the
HIV/AIDS Fund.
(5) At the close of each fiscal year the Coordinator may
transfer out of the HIV/AIDS Fund to other HIV/AIDS
programmatic areas such amounts as the Coordinator determines
to be in excess of the needs of the HIV/AIDS Fund.
(6) At the close of each fiscal year the Coordinator shall
submit a report to the Committees on Appropriations detailing
the financial activities of the HIV/AIDS Fund, including
sources of income and information regarding disbursements.
DEMOCRACY PROGRAMS
Sec. 526. (a) Notwithstanding any other provision of law,
of the funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961, not less than $19,000,000 shall be made available
for assistance for activities to support democracy, human
rights, and the rule of law in the People's Republic of China
and Hong Kong: Provided, That funds appropriated under the
heading ``Economic Support Fund'' should be made available for
assistance for Taiwan for the purposes of furthering political
and legal reforms: Provided further, That such funds shall only
be made available to the extent that they are matched from
sources other than the United States Government: Provided
further, That funds made available pursuant to the authority of
this subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b)(1) In addition to the funds made available in
subsection (a), of the funds appropriated by this Act under the
heading ``Economic Support Fund'' not less than $15,000,000
shall be made available for programs and activities to foster
democracy, human rights, civic education, women's development,
press freedom, and the rule of law in countries with a
significant Muslim population, and where such programs and
activities would be important to United States efforts to
respond to, deter, or prevent acts of international terrorism:
Provided, That funds made available pursuant to the authority
of this subsection should support new initiatives and
activities in those countries: Provided further, That of the
funds appropriated under this heading, $3,000,000 shall be made
available for programs and activities that provide professional
training for journalists: Provided further, That
notwithstanding any other provision of law, not less than
$3,000,000 of such funds may be used for making grants to
educational, humanitarian and nongovernmental organizations and
individuals inside Iran to support the advancement of democracy
and human rights in Iran: Provided further, That
notwithstanding any other provision of law, funds appropriated
pursuant to the authority of this subsection may be made
available for democracy, human rights, and rule of law programs
for Syria: Provided further, That funds made available pursuant
to this subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(2) In addition to funds made available under subsections
(a) and (b)(1), of the funds appropriated by this Act under the
heading ``Economic Support Fund'' not less than $4,500,000
shall be made available for programs and activities of the
National Endowment for Democracy to foster democracy, human
rights, civic education, women's development, press freedom,
and the rule of law in countries in sub-Saharan Africa.
(c) Of the funds made available under subsection (a), not
less than $15,000,000 shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human
Rights and Labor, Department of State, to support the
activities described in subsection (a), and of the funds made
available under subsection (b)(1), not less than $11,000,000
shall be made available for such Fund to support the activities
described in subsection (b)(1): Provided, That up to $1,200,000
may be used for the Reagan/Fascell Democracy Fellows program:
Provided further, That the total amount of funds made available
bythis Act under ``Economic Support Fund'' for activities of
the Bureau of Democracy, Human Rights and Labor, Department of State,
including funds available in this section, shall be not less than
$37,000,000.
(d) Of the funds made available under subsection (a), not
less than $4,000,000 shall be made available for the National
Endowment for Democracy to support the activities described in
subsection (a), and of the funds made available under
subsection (b)(1), not less than $4,000,000 shall be made
available for the National Endowment for Democracy to support
the activities described in subsection (b)(1): Provided, That
the Secretary of State shall provide a report to the Committees
on Appropriations within 120 days of the date of enactment of
this Act on the status of the allocation and obligation of such
funds.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
DEBT-FOR-DEVELOPMENT
Sec. 528. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title II of this
Act and, subject to the regular notification procedures of the
Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
SEPARATE ACCOUNTS
Sec. 529. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which
result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of for
such purposes as may be agreed to by the government of that
country and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted
to the Committees on Appropriations on the use of local
currencies for the administrative requirements of the United
States Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for
such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on
Appropriations.
ENTERPRISE FUND RESTRICTIONS
Sec. 530. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available by this Act for Enterprise Funds
shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
BURMA
Sec. 531. (a) The Secretary of the Treasury shall instruct
the United States executive director to each appropriate
international financial institution in which the United States
participates, to oppose and vote against the extension by such
institution of any loan or financial or technical assistance or
any other utilization of funds of the respective bank to and
for Burma.
(b) Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $8,000,000 shall be made
available to support democracy activities in Burma, along the
Burma-Thailand border, for activities of Burmese student groups
and other organizations located outside Burma, and for the
purpose of supporting the provision of humanitarian assistance
to displaced Burmese along Burma's borders: Provided, That
funds made available under this heading may be made available
notwithstanding any other provision of law: Provided further,
That in addition to assistance for Burmese refugees provided
under the heading ``Migration and Refugee Assistance'' in this
Act, not less than $4,000,000 shall be allocated to the United
States Agency for International Development for humanitarian
assistance for displaced Burmese and host communities in
Thailand: Provided further, That funds made available under
this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) The President shall include amounts expended by the
Global Fund to Fight AIDS, Tuberculosis and Malaria to the
State Peace and Development Council in Burma, directly or
through groups and organizations affiliated with the Global
Fund, in making determinations regarding the amount to be
withheld by the United States from its contribution to the
Global Fund pursuant to section 202(d)(4)(A)(ii) of Public Law
108-25.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
Sec. 532. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) any financial incentive to a business
enterprise currently located in the United States for
the purpose of inducing such an enterprise to relocate
outside the United States if such incentive or
inducement is likely to reduce the number of employees
of such business enterprise in the United States
because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or
activity that contributes to the violation of
internationally recognized workers rights, as defined
in section 507(4) of the Trade Act of 1974, of workers
in the recipient country, including any designated zone
or area in that country: Provided, That the application
of section 507(4) (D) and (E) of such Act should be
commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder
agriculture.
SPECIAL AUTHORITIES
Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--
Funds appropriated by this Act that are made available for
assistance for Afghanistan may be made available
notwithstanding section 512 of this Act or any similar
provision of law and section 660 of the Foreign Assistance Act
of 1961, and funds appropriated in titles I and II of this Act
that are made available for Lebanon, Montenegro, Pakistan, and
for victims of war, displaced children, and displaced Burmese,
and to assist victims of trafficking in persons and, subject to
the regular notification procedures of the Committees on
Appropriations, to combat such trafficking, may be made
available notwithstanding any other provision of law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities
managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of
the Agricultural Trade Development and Assistance Act of 1954,
may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the
United States.
(2) Period of application of waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Contingencies.--During fiscal year 2005, the President
may use up to $45,000,000 under the authority of section 451 of
the Foreign Assistance Act of 1961, notwithstanding the funding
ceiling in section 451(a).
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(h) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $6,000,000 shall be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(i) National Endowment for Democracy.--Funds appropriated
by this Act that are provided to the National Endowment for
Democracy may be provided notwithstanding any other provision
of law or regulation.
(j) Technical Amendment.--Section 201(a)(2) of the North
Korean Human Rights Act of 2004 (Public Law 108-333) is amended
by striking ``paragraphs (1) through (4) of section 202(b)''
and inserting ``subparagraphs (A) through (D) of section
202(b)(1)''.
(k) Report Modification.--Section 406(b)(4) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246; 22 U.S.C. 2414a(b)(4)) is amended by inserting
after ``United States'' the following: ``, including a separate
listing of all plenary votes cast by member countries of the
United Nations in the General Assembly on resolutions
specifically related to Israel that are opposed by the United
States''.
(l) University Programs.--Notwithstanding any other
provision of law, funds made available in this Act under the
heading ``Development Assistance'' may be made available to
American educational institutions for programs and activities
in the People's Republic of China relating to the environment,
democracy, and the rule of law: Provided, That funds made
available pursuant to this authority shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(m) Indochinese Parolees.--Section 586 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (8 U.S.C. 1255 note), as enacted into
law by section 101(a) of Public Law 106-429, is amended--
(1) by striking ``Attorney General'' each place
that term appears and inserting ``Secretary of Homeland
Security'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``she'' and inserting ``the
Secretary of Homeland Security''; and
(B) in paragraph (1), by striking ``within
three years after the date of promulgation by
the Attorney General of regulations in
connection with this title'';
(3) in subsection (c), by striking ``212(8)(A)''
and inserting ``212(a)(8)(A)'';
(4) by striking subsection (d);
(5) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively;
(6) by adding at the end the following new
subsection:
``(f) Adjudication of Applications.--The Secretary of
Homeland Security shall--
``(1) adjudicate applications for adjustment under
this section, notwithstanding any limitation on the
number of adjustments under this section or any
deadline for such applications that previously existed
in law or regulation; and
``(2) not charge a fee in addition to any fee that
previously was submitted with such application.''; and
(7) The amendments made by this subsection shall
take effect as if enacted as part of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2001.
(n) Extension of Authority.--Public Law 107-57, as amended,
is further amended--
(1) in section 1(b) by striking ``2004'' wherever
appearing (including in the caption), and inserting in
lieu thereof ``2005'';
(2) in section 3(2), by striking ``and 2004'' and
inserting in lieu thereof ``2004 and 2005''; and
(3) in section 6, by striking ``2004'' and
inserting in lieu thereof ``2005''.
(o) Endowments.--
(1) Of the funds appropriated by this Act and prior
Acts making appropriations for foreign operations,
export financing, and related programs, that are
available for assistance for Cambodia, the following
amounts should be made available as follows:
(A) $2,000,000 for an endowment for a
Cambodian nongovernmental organization to
document genocide and crimes against humanity
in Cambodia; and
(B) $3,750,000 for an endowment for an
American nongovernmental organization to
sustain rehabilitation programs in Cambodia for
persons suffering from physical disabilities.
(2) Such organizations may place amounts made
available under this subsection in interest bearing
accounts and any interest earned on such investment
shall be used for the purpose for which funds were made
available under this subsection.
(p) Extension of Authority.--Chapter 5 of title I of the
Emergency Wartime Supplemental Appropriations Act, 2003 (Public
Law 108-11), is amended under the heading ``Loan Guarantees to
Israel''--
(1) by striking ``During the period beginning March
1, 2003, and ending September 30, 2005,'' and inserting
``During the period beginning March 1, 2003, and ending
September 30, 2007,''; and
(2) by striking ``That if less than the full amount
of guarantees authorized to be made available is issued
prior to September 30, 2005,'' and inserting ``That if
less than the full amount of guarantees authorized to
be made available is issued prior to September 30,
2007,''.
(q) Definition.--Section 603 of title VI of Division D of
the Consolidated Appropriations Act, 2004, Public Law 108-199,
is amended by adding the following paragraph:
``(8) Investments in the people.--The term
``investments in the people'' means government policies
or programs of an eligible country that promote the
health, education, and other factors which contribute
to the well-being and productivity of their people,
such as decent, affordable housing for all.''
ARAB LEAGUE BOYCOTT OF ISRAEL
Sec. 535. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) the three Arab League countries with diplomatic
and trade relations with Israel should return their
ambassadors to Israel, should refrain fromdowngrading
their relations with Israel, and should play a constructive role in
securing a peaceful resolution of the Israeli-Arab conflict;
(4) the remaining Arab League states should
normalize relations with their neighbor Israel;
(5) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(6) the President should report to Congress
annually on specific steps being taken by the United
States to encourage Arab League states to normalize
their relations with Israel to bring about the
termination of the Arab League boycott of Israel,
including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and
penalizing businesses that do comply.
ELIGIBILITY FOR ASSISTANCE
Sec. 536. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2005, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
RESERVATIONS OF FUNDS
Sec. 537. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with the
earmark is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it
unlikely that such earmarked funds can be obligated during the
original period of availability: Provided, That such earmarked
funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 538. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 539. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $750,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
Sec. 540. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, the
costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
Sec. 541. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 542. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a
detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL PROPERTY TAXES
OWED BY FOREIGN COUNTRIES
Sec. 543. (a) Subject to subsection (c), of the funds
appropriated by this Act that are made available for assistance
for a foreign country, an amount equal to 110 percent of the
total amount of the unpaid fully adjudicated parking fines and
penalties and unpaid property taxes owed by the central
government of such country shall be withheld from obligation
for assistance for the central government of such country until
the Secretary of State submits a certification to the
appropriate congressional committees stating that such parking
fines and penalties and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to the
regular notification procedures of the appropriate
congressional committees, provided that no such funds shall be
made available for assistance for the central government of a
foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment of
this Act, or at any time with respect to a particular country,
if the Secretary determines that it is in the national
interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a
report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being
taken, to collect the parking fines and penalties and unpaid
property taxes and interest owed by nations receiving foreign
assistance under this Act.
(f) In this section:
(1) The term ``appropriate congressional
committees'' means the Committee on Appropriations of
the Senate and the Committee on Appropriations of the
House of Representatives.
(2) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking
violation summons; or
(ii) has not followed the appropriate
adjudication procedure to challenge the
summons; and
(B) the period of time for payment of or
challenge to the summons has lapsed.
(3) The term ``parking fines and penalties'' means
parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1,
1997 through September 30, 2004.
(4) The term ``unpaid property taxes'' means the
amount of unpaid taxes and interest determined to be
owed by a foreign country on real property in the
District of Columbia or New York, New York in a court
order or judgment entered against such country by a
court of the United States or any State or subdivision
thereof.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
Sec. 544. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the Middle
East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make
inapplicable section 307 of the Foreign Assistance Act of 1961
and that suspension is still in effect: Provided, That if the
President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
Sec. 545. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That the drawdown made under this section for
any tribunal shall not be construed as an endorsement or
precedent for the establishment of any standing or permanent
international criminal tribunal or court: Provided further,
That funds made available for tribunals other than Yugoslavia,
Rwanda, or the Special Court for Sierra Leone shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
LANDMINES
Sec. 546. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 547. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new
office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza
and Jericho or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles:
Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
Sec. 548. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs Fund'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
HAITI
Sec. 549. (a) Of the funds appropriated by this Act, not
less than the following amounts shall be made available for
assistance for Haiti--
(1) $20,000,000 from ``Child Survival and Health
Programs Fund'';
(2) $25,000,000 from ``Development Assistance'', of
which funds should be made available for poverty
reduction, agriculture, environment, and basic
education programs; and
(3) $40,000,000 from ``Economic Support Fund'', of
which funds should be made available for judicial
reform programs, police training, and activities in
support of national elections.
(b) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
Sec. 550. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the steps
the Palestinian Authority has taken to arrest terrorists,
confiscate weapons and dismantle the terrorist infrastructure.
The report shall also include a description of how funds will
be spent and the accounting procedures in place to ensure that
they are properly disbursed.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
Sec. 551. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by
this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds
are withheld from any unit pursuant to this section, the
Secretary of State shall promptly inform the foreign government
of the basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
FOREIGN MILITARY TRAINING REPORT
Sec. 552. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations of the
House of Representatives and the Senate by the date specified
in that section.
AUTHORIZATION REQUIREMENT
Sec. 553. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'', ``Millennium Challenge Corporation'', ``Overseas
Private Investment Corporation'', and ``Global HIV/AIDS
Initiative'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 and section 15 of the State
Department Basic Authorities Act of 1956.
CAMBODIA
Sec. 554. (a) The Secretary of the Treasury should instruct
the United States executive directors of the international
financial institutions to use the voice and vote of the United
States to oppose loans to the Central Government of Cambodia,
except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of
Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health, cultural
and historic preservation, programs for the prevention,
treatment, and control of, and research on, HIV/AIDS,
tuberculosis, malaria, polio and other infectious diseases,
development and implementation of legislation and
implementation of procedures on inter-country adoptions
consistent with international standards, rule of law programs,
counternarcotics programs, programs to combat human trafficking
that are provided through nongovernmental organizations, and
for the Ministry of Women and Veterans Affairs to combat human
trafficking.
(c) Notwithstanding subsection (b), of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', up to $4,000,000 may be made available for activities
to support democracy, including assistance for democratic
political parties.
(d) Funds appropriated by this Act to carry out provisions
of section 541 of the Foreign Assistance Act of 1961 may be
made available notwithstanding subsection (b) only if at least
15 days prior to the obligation of such funds, the Secretary of
State provides to the Committees on Appropriations a list of
those individuals who have been credibly alleged to have
ordered or carried out extrajudicial and political killings
that occurred during the March 1997 grenade attack against the
Khmer Nation Party.
(e) None of the funds appropriated or otherwise made
available by this Act may be used to provide assistance to any
tribunal established by the Government of Cambodia unless the
Secretary of State determines and reports to the Committees on
Appropriations that: (1) Cambodia's judiciary is competent,
independent, free from widespread corruption, and its decisions
are free from interference by the executive branch; and (2) the
proposed tribunal is capable of delivering justice, that meets
internationally recognized standards, for crimes against
humanity and genocide in an impartial and credible manner.
PALESTINIAN STATEHOOD
Sec. 555. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a
Palestinian state unless the Secretary of State determines and
certifies to the appropriate congressional committees that--
(1) a new leadership of a Palestinian governing
entity has been democratically elected through credible
and competitive elections;
(2) the elected governing entity of a new
Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to
counter terrorism and terrorist financing in
the West Bank and Gaza, including the
dismantling of terrorist infrastructures;
(C) is establishing a new Palestinian
security entity that is cooperative with
appropriate Israeli and other appropriate
security organizations; and
(3) the Palestinian Authority (or the governing
body of a new Palestinian state) is working with other
countries in the region to vigorously pursue efforts to
establish a just, lasting, and comprehensive peace in
the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the newly elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests
of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly elected
governing entity, in order to help meet the requirements of
subsection (a), consistent with the provisions of section 550
of this Act (``Limitation on Assistance to the Palestinian
Authority'').
COLOMBIA
Sec. 556. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated
by this Act that are available for assistance for the Colombian
Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated
prior to a determination and certification by the
Secretary of State pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be
obligated only after the Secretary of State certifies
and reports to the appropriate congressional committees
that:
(A) The Commander General of the Colombian
Armed Forces is suspending from the Armed
Forces those members, of whatever rank who,
according to the Minister of Defense or the
Procuraduria General de la Nacion, have been
credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations.
(B) The Colombian Government is vigorously
investigating and prosecuting those members of
the Colombian Armed Forces, of whatever rank,
who have been credibly alleged to have
committed gross violations of human rights,
including extra-judicial killings, or to have
aided or abetted paramilitary organizations,
and is promptly punishing those members of the
Colombian Armed Forces found to have committed
such violations of human rights or to have
aided or abetted paramilitary organizations.
(C) The Colombian Armed Forces have made
substantial progress in cooperating with
civilian prosecutors and judicial authorities
in such cases (including providing requested
information, such as the identity of persons
suspended from the Armed Forces and the nature
and cause of the suspension, and access to
witnesses, relevant military documents, and
other requested information).
(D) The Colombian Armed Forces have made
substantial progress in severing links
(including denying access to military
intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or
tacit cooperation) at the command, battalion,
and brigade levels, with paramilitary
organizations, especially in regions where
these organizations have a significant
presence.
(E) The Colombian Government is dismantling
paramilitary leadership and financial networks
by arresting commanders and financial backers,
especially in regions where these networks have
a significant presence.
(3) The balance of such funds may be obligated
after July 31, 2005, if the Secretary of State
certifies and reports to the appropriate congressional
committees, after such date, that the Colombian Armed
Forces are continuing to meet the conditions contained
in paragraph (2) and are conducting vigorous operations
to restore government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations.
(b) Congressional Notification.--Funds made available by
this Act for the Colombian Armed Forces shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2006, the Secretary of State shall consult
with internationally recognized human rights organizations
regarding progress in meeting the conditions contained in that
subsection.
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or
abetted'' means to provide any support to paramilitary
groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such
groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
ILLEGAL ARMED GROUPS
Sec. 557. (a) Denial of Visas to Supporters of Colombian
Illegal Armed Groups.--Subject to subsection (b), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence--
(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appropriate
congressional committees, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support the
peace process in Colombia or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 558. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
WEST BANK AND GAZA PROGRAM
Sec. 559. (a) Oversight.--For fiscal year 2005, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the
United States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity.
The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which he has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--None of the funds appropriated by this
Act for assistance under the West Bank and Gaza program may be
made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed, acts of
terrorism.
(d) Audits.--
(1) The Administrator of the United States Agency
for International Development shall ensure that Federal
or non-Federal audits of all contractors and grantees,
and significant subcontractors and subgrantees, under
the West Bank and Gaza Program, are conducted at least
on an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for the West Bank and Gaza, up
to $1,000,000 may be used by the Office of the
Inspector General of the United States Agency for
International Development for audits, inspections, and
other activities in furtherance of the requirements of
this subsection. Such funds are in addition to funds
otherwise available for such purposes.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
Sec. 560. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations
and Programs'' and ``Child Survival and Health Programs Fund''
for fiscal year 2005, $34,000,000 shall be made available for
the United Nations Population Fund (hereafter in this section
referred to as the ``UNFPA''): Provided, That of this amount,
not less than $25,000,000 shall be derived from funds
appropriated under the heading ``International Organizations
and Programs''.
(b) Availability of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' in this
Act that are available for UNFPA, that are not made available
for UNFPA because of the operation of any provision of law,
shall be transferred to ``Child Survival and Health Programs
Fund'' and shall be made available for family planning,
maternal, and reproductive health activities, subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Reprogramming of Funds.--Of the funds appropriated in
Public Law 108-199 that were available for the UNFPA,
$12,500,000 shall be made available for anti-trafficking
programs: Provided, That of the funds appropriated in Public
Law 108-199 that were available for the UNFPA, $12,500,000
shall be made available for the family planning, maternal, and
reproductive health activities of the United States Agency for
International Development in Albania, Azerbaijan, the
Democratic Republic of the Congo, Ethiopia, Georgia, Haiti,
Kazakhstan, Kenya, Nigeria, Romania, Russia, Rwanda, Tanzania,
Uganda, and the Ukraine: Provided further, That such programs
and activities shall be deemed to have been justified to
Congress.
(d) Prohibition on Use of Funds in China.--None of the
funds made available under ``International Organizations and
Programs'' may be made available for the UNFPA for a country
program in the People's Republic of China.
(e) Conditions on Availability of Funds.--Amounts made
available under ``International Organizations and Programs''
for fiscal year 2005 for the UNFPA may not be made available to
UNFPA unless--
(1) the UNFPA maintains amounts made available to
the UNFPA under this section in an account separate
from other accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other
sums; and
(3) the UNFPA does not fund abortions.
WAR CRIMINALS
Sec. 561. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton
Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means
a city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
USER FEES
Sec. 562. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the International
Monetary Fund to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' financing
programs.
FUNDING FOR SERBIA
Sec. 563. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2005, if the President has made the determination
and certification contained in subsection (c).
(b) After May 31, 2005, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia and Montenegro subject
to the conditions in subsection (c): Provided, That section 576
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended, shall not apply
to the provision of loans and assistance to the Government of
Serbia and Montenegro through international financial
institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia and Montenegro is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, and the
surrender and transfer of indictees or assistance in
their apprehension, including making all practicable
efforts to apprehend and transfer Ratko Mladic;
(2) taking steps that are consistent with the
Dayton Accords to end Serbian financial, political,
security and other support which has served to maintain
separate Republika Srpska institutions; and
(3) taking steps to implement policies which
reflect a respect for minority rights and the rule of
law.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy.
COMMUNITY-BASED POLICE ASSISTANCE
Sec. 564. (a) Authority.--Funds made available by this Act
to carry out the provisions of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, may be
used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, strategic planning, and through assistance to
foster civilian police roles that support democratic governance
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster
improved police relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
SPECIAL DEBT RELIEF FOR THE POOREST
Sec. 565. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the
United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance to
a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
Sec. 566. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any
other provision of law, the President shall, in
accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or
canceled pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
BASIC EDUCATION
Sec. 567. Of the funds appropriated by title II of this
Act, not less than $400,000,000 shall be made available for
basic education.
RECONCILIATION PROGRAMS
Sec. 568. Of the funds appropriated under the heading
``Economic Support Fund'', not less than $12,000,000 shall be
made available to support reconciliation programs and
activities which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil conflict and war.
SUDAN
Sec. 569. (a) Availability of Funds.--Of the funds
appropriated by title II of this Act, not less than
$311,000,000 should be made available for assistance for Sudan.
(b) Limitation on Assistance.--Subject to section (c):
(1) Notwithstanding section 501(a) of the
International Malaria Control Act of 2000 (Public Law
106-570) or any other provision of law, none of the
funds appropriated by this Act may be made available
for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may
be made available for the cost, as defined in section
502, of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(c) Subsection (b) shall not apply if the Secretary of
State determines and certifies to the Committees on
Appropriations that--
(1) the Government of Sudan has taken significant
steps to disarm and disband government-supported
militia groups in the Darfur region;
(2) the Government of Sudan and all government-
supported militia groups are honoring their commitments
made in the cease-fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
human rights investigation and humanitarian teams of
the United Nations, including protection officers, and
an international monitoring team that is based in
Darfur and that has the support of the United States.
(d) Exceptions.--The provisions of subsection (b) shall not
apply to--
(1) humanitarian assistance; and
(2) assistance for Darfur and for areas outside the
control of the Government of Sudan.
(e) Notification.--Not more than $45,000,000 of the funds
appropriated by this Act under the headings ``International
Disaster and Famine Assistance'' and ``Transition Initiatives''
may be made available for assistance for Sudan outside of the
Darfur region unless written notice has been provided to the
Committees on Appropriations not less than 5 days prior to the
obligation of such funds.
(f) Definitions.--For the purposes of this Act and section
501 of Public Law 106-570, the terms ``Government of Sudan'',
``areas outside of control of the Government of Sudan'', and
``area in Sudan outside of control of the Government of Sudan''
shall have the same meaning and application as was the case
immediately prior to June 5, 2004, and, with regard to
assistance in support of a viable peace agreement, Southern
Kordofan/Nuba Mountains State, Blue Nile State and Abyei.
(g) Appropriation.--In addition to amounts appropriated
elsewhere in this Act, $75,000,000 is hereby appropriated for
``Peacekeeping Operations'' to support peace and humanitarian
intervention operations for Sudan, and $18,000,000 is hereby
appropriated for ``International Disaster and Famine
Assistance'' for humanitarian assistance and related activities
in Sudan: Provided, That the entire amount appropriated in this
subsection is designated as an emergency requirement pursuant
to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287: Provided further, That the Secretary of
State shall consult with the Committees on Appropriations
regarding the proposed uses of these funds within 30 days of
the date of enactment of this Act.
(h) Technical Change.--Section 12 of the International
Organizations Immunities Act (22 U.S.C. 288f-2) is amended by
striking ``Organization of African Unity'' and inserting in
lieu thereof ``African Union''.
TRADE CAPACITY BUILDING
Sec. 570. Of the funds appropriated by this Act, under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'', and
``International Organizations and Programs'', not less than
$507,000,000 should be made available for trade capacity
building assistance: Provided, That $20,000,000 of the funds
appropriated in this Act under the heading ``Economic Support
Fund'' shall be made available for labor and environmental
capacity building activities relating to the free trade
agreement with the countries of Central America and the
Dominican Republic.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND
CERTAIN OTHER COUNTRIES
Sec. 571. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year
2005, funds available to the Department of Defense may be
expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of
section 516 of such Act to Albania, Bulgaria, Croatia, Estonia,
Former Yugoslavian Republic of Macedonia, Georgia, India,
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia,
Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine,
and Uzbekistan.
INDONESIA
Sec. 572. (a) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Indonesia, and licenses may be
issued for the export of lethal defense articles for the
Indonesian Armed Forces, only if the Secretary of State
certifies to the appropriate congressional committees that--
(1) the Armed Forces are taking steps to counter
international terrorism, consistent with democratic
principles and the rule of law, and in cooperation with
countries in the region;
(2) the Indonesian Government is prosecuting and
punishing, in a manner proportional to the crime,
members of the Armed Forces, of whatever rank, who have
been credibly alleged to have committed gross
violations of human rights or to have aided or abetted
militia groups;
(3) at the direction of the President of Indonesia,
the Armed Forces are cooperating with civilian judicial
authorities and with international efforts to resolve
cases of gross violations of human rights in East Timor
and elsewhere; and
(4) at the direction of the President of Indonesia,
the Armed Forces are implementing reforms to increase
the transparency and accountability of their operations
and financial management, including making publicly
available audits of receipts and expenditures.
(b) Funds appropriated under the heading ``International
Military Education and Training'' may be made available for
assistance for Indonesia if the Secretary of State determines
and reports to the Committees on Appropriations that the
Indonesian Government and Armed Forces are cooperating with the
Federal Bureau of Investigation's investigation into the August
31, 2002 murders of two American citizens and one Indonesian
citizen in Timika, Indonesia: Provided, That this restriction
shall not apply to expanded international military education
and training, which may include English language training.
LIMITATION ON CONTRACTS
Sec. 573. None of the funds made available under this Act
may be used to fund any contract in contravention of section
8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)).
LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN
GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT
Sec. 574. (a) None of the funds made available in this Act
in title II under the heading ``Economic Support Fund'' may be
used to provide assistance to the government of a country that
is a party to the International Criminal Court and has not
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel
present in such country.
(b) The President may, without prior notice to Congress,
waive the prohibition of subsection (a) with respect to a North
Atlantic Treaty Organization (``NATO'') member country, a major
non-NATO ally (including Australia, Egypt, Israel, Japan,
Jordan, Argentina, the Republic of Korea, and New Zealand), or
Taiwan if he determines and reports to the appropriate
congressional committees that it is important to the national
security interests of the United States to waive such
prohibition.
(c) The President may, without prior notice to Congress,
waive the prohibition of subsection (a) with respect to a
particular country if he determines and reports to the
appropriate congressional committees that such country has
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel
present in such country.
(d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the
Millennium Challenge Act of 2003, notwithstanding section
606(a)(2)(B) of such Act.
PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA
Sec. 575. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance any assistance to Saudi Arabia: Provided, That the
President may waive the prohibition of this section if he
certifies to the Committees on Appropriations, 15 days prior to
the obligation of funds for assistance for Saudi Arabia, that
Saudi Arabia is cooperating with efforts to combat
international terrorism and that the proposed assistance will
help facilitate that effort.
ENVIRONMENT PROGRAMS
Sec. 576. (a) Funding.--Of the funds appropriated under the
heading ``Development Assistance'', not less than $165,500,000
shall be made available for programs and activities which
directly protect biodiversity, including forests, in developing
countries, of which not less than $8,000,000 should be made
available to implement a regional strategy for biodiversity
conservation in the countries comprising the Amazon basin of
South America, including to improve the capacity of indigenous
communities and local law enforcement agencies to protect the
biodiversity of indigenous reserves, which amount shall be in
addition to the amounts requested for biodiversity activities
in these countries in fiscal year 2005: Provided, That of the
funds appropriated by this Act, not less than $180,000,000
shall be made available to support clean energy and other
climate change policies and programs in developing countries,
of which $100,000,000 should be made available to directly
promote and deploy energy conservation, energy efficiency, and
renewable and clean energy technologies, and of which the
balance should be made available to directly (1) measure,
monitor, and reduce greenhouse gas emissions; (2) increase
carbon sequestration activities; and (3) enhance climate change
mitigation and adaptation programs.
(b) Climate Change Report.--Not later than 45 days after
the date on which the President's fiscal year 2006 budget
request is submitted to Congress, the President shall submit a
report to the Committees on Appropriations describing in detail
the following--
(1) all Federal agency obligations and
expenditures, domestic and international, for climate
change programs and activities in fiscal year 2005,
including an accounting of expenditures by agency with
each agency identifying climate change activities and
associated costs by line item as presented in the
President's Budget Appendix; and
(2) all fiscal year 2004 obligations and estimated
expenditures, fiscal year 2005 estimated expenditures
and estimated obligations, and fiscal year 2006
requested funds by the United States Agency for
International Development, by country and central
program, for each of the following: (i) to promote the
transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies;
(ii) to assist in the measurement, monitoring,
reporting, verification, and reduction of greenhouse
gas emissions; (iii) to promote carbon capture and
sequestration measures; (iv) to help meet such
countries' responsibilities under the Framework
Convention on Climate Change; and (v) to develop
assessments of the vulnerability to impacts of climate
change and mitigation and adaptation response
strategies.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions
and the public that it is the policy of the United
States that any assistance by such institutions
(including but not limited to any loan, credit, grant,
or guarantee) for the extraction and export of oil,
gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in
place or is taking the necessary steps to establish
functioning systems for (1) accurately accounting for
revenues and expenditures in connection with the
extraction and export of the type of natural resource
to be extracted or exported; (2) the independent
auditing of such accounts and the widespread public
dissemination of the audits; and (3) verifying
government receipts against company payments including
widespread dissemination of such payment information in
a manner that does not create competitive disadvantage
or disclose proprietary information.
(2) Not later than 180 days after the enactment of
this Act, the Secretary of the Treasury shall submit a
report to the Committees on Appropriations describing,
for each international financial institution, the
amount and type of assistance provided, by country, for
the extraction and export of oil, gas, coal, timber, or
other national resource since September 30, 2004.
UZBEKISTAN
Sec. 577. Funds appropriated by this Act may be made
available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress in
meeting its commitments under the ``Declaration on the
Strategic Partnership and Cooperation Framework Between the
Republic of Uzbekistan and the United States of America'',
including respect for human rights, establishing a genuine
multi-party system, and ensuring free and fair elections,
freedom of expression, and the independence of the media.
CENTRAL ASIA
Sec. 578. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Kazakhstan
has made significant improvements in the protection of human
rights during the preceding 6 month period.
(b) The Secretary of State may waive subsection (a) if he
determines and reports to the Committees on Appropriations that
such a waiver is in the national security interest of the
United States.
(c) Not later than October 1, 2005, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 6-month period
ending 30 days prior to submission of such report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(d) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
DISABILITY PROGRAMS
Sec. 579. (a) Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $2,500,000
shall be made available for programs and activities to address
the needs and protect the rights of people with disabilities in
developing countries: Provided, That such funds shall be
administered by the United States Agency for International
Development (``USAID'') and the Department of State, and shall
be available for grants to nongovernmental organizations that
work on behalf of people with disabilities in such countries.
(b) The Secretary of State and the USAID Administrator
shall designate within their respective agencies an individual
to serve as Disability ``Advisor'' or ``Coordinator'', whose
function it shall be to ensure that disability rights are
addressed, where appropriate, in United States policies and
programs.
(c) Funds made available under subsection (a) may be made
available for an international conference on the needs of
people with disabilities, including disability rights, advocacy
and access.
(d) The Secretary of State, the Secretary of the Treasury,
and the USAID Administrator shall seek to ensure that the needs
of people with disabilities are addressed, where appropriate,
in democracy, human rights, and rule of law programs, projects
and activities supported by the Department of State, Department
of the Treasury, and USAID.
(e) The USAID Administrator shall seek to ensure that
programs, projects and activities administered by USAID comply
fully with USAID's ``Policy Paper: Disability'' issued on
September 12, 1997: Provided, That not later than 90 days after
enactment of this Act, USAID shall implement procedures to
require that prospective grantees seeking funding from USAID
specify, when relevant, how the proposed program, project or
activity for which funding is being requested will include
protecting the rights and addressing the needs of persons with
disabilities.
ZIMBABWE
Sec. 580. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
TIBET
Sec. 581. (a) The Secretary of the Treasury should instruct
the United States executive director to each international
financial institution to use the voice and vote of the United
States to support projects in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership of
Tibetan land and natural resources to non-Tibetans; are based
on a thorough needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions; and
are subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less
than $4,000,000 of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be made available to
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, and not less than $250,000 should
be made available to the National Endowment for Democracy for
human rights and democracy programs relating to Tibet.
NIGERIA
Sec. 582. The President shall submit a report to the
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 Armed Forces units involved
with the incident in Benue State are receiving United States
assistance.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
FEDERATION
Sec. 583. None of the funds appropriated under this Act may
be made available for the Government of the Russian Federation,
after 180 days from the date of the enactment of this Act,
unless the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation has implemented no statute, executive order,
regulation or similar government action that would
discriminate, or which has as its principal effect
discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party.
CENTRAL AMERICA
Sec. 584. (a) Of the funds appropriated by this Act under
the headings ``Child Survival and Health Programs Fund'' and
``Development Assistance'', not less than the amount of funds
initially allocated pursuant to section 653(a) of the Foreign
Assistance Act of 1961 for fiscal year 2004 should be made
available for El Salvador, Guatemala, Nicaragua and Honduras.
(b) Not to exceed $3,227,000 in prior year ``Military
Assistance Program'' funds that are available for Guatemala may
be made available for non-lethal defense items for Guatemala if
the Secretary of State certifies to the Committees on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House that--
(1) the role of the Guatemalan military has been
limited, in doctrine and in practice, to substantially
those activities in defense of Guatemala's sovereignty
and territorial integrity that are permitted by the
1996 Peace Accords, and the Government of Guatemala is
taking steps to pass a new governing law of the Army
(Ley Constitutiva del Ejercito);
(2) the Guatemalan military is cooperating with
civilian judicial authorities, including providing full
cooperation on access to witnesses, documents and
classified intelligence files, in investigations and
prosecutions of military personnel who have been
implicated in human rights violations and other
criminal activity;
(3) the Government of Guatemala is working with the
United Nations to resolve legal impediments to the
establishment of the Commission for the Investigation
of Illegal Groups and Clandestine Security
Organizations (CICIACS), so that CICIACS can
effectively accomplish its mission of investigating and
bringing to justice illegal groups and members of
clandestine security organizations;
(4) the Government of Guatemala is continuing its
efforts to make the military budget process transparent
and accessible to civilian authorities and to the
public, for both present and past expenditures;
(5) the Government of Guatemala is working to
facilitate the prompt establishment of an office in
Guatemala of the United Nations High Commissioner for
Human Rights with the unimpeded authority to
investigate and report on human rights in Guatemala;
and
(6) the Government of Guatemala is taking steps to
increase its efforts to combat narcotics trafficking
and organized crime.
(c) Section 527 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by
adding at the end the following new subsection:
``(i) Certain Claims for Expropriation by the Government of
Nicaragua.--
``(1) Any action of the types set forth in
subparagraphs (A), (B), and (C) of subsection (a)(1)
that was taken by the Government of Nicaragua during
the period beginning on January 1, 1956, and ending on
January 9, 2002, shall not be considered in
implementing the prohibition under subsection (a)
unless the action has been presented in accordance with
the procedure set forth in paragraph (2).
``(2) An action shall be deemed presented for
purposes of paragraph (1) if it is--
``(A) in writing; and
``(B) received by the United States
Department of State on or before 120 days after
the date specified in paragraph (3) at--
``(i) the headquarters of the
United States Department of State in
Washington, D.C.; or,
``(ii) the Embassy of the United
States of America to Nicaragua.
``(3) The date to which paragraph (2) refers is a
date after enactment of this subsection that is
specified by the Secretary of State, in the Secretary's
discretion, in a notice published in the Federal
Register.''.
WAR CRIMES IN AFRICA
Sec. 585. (a) The Congress recognizes the important
contribution that the democratically elected Government of
Nigeria has played in fostering stability in West Africa.
(b) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the
Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against
humanity in a timely manner.
(c) Funds appropriated by this Act, including funds for
debt restructuring, may be made available for assistance to the
central government of a country in which individuals indicted
by ICTR and SCSL are credibly alleged to be living, if the
Secretary of State determines and reports to the Committees on
Appropriations that such government is cooperating with ICTR
and SCSL, including the surrender and transfer of indictees in
a timely manner: Provided, That this subsection shall not apply
to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II
of this Act: Provided further, That the United States shall use
its voice and vote in the United Nations Security Council to
fully support efforts by ICTR and SCSL to bring to justice
individuals indicted by such tribunals in a timely manner.
(d) The prohibition in subsection (c) may be waived on a
country by country basis if the President determines that doing
so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on (1) the
steps being taken to obtain the cooperation of the government
in surrendering the indictee in question to SCSL or ICTR; (2) a
strategy for bringing the indictee before ICTR or SCSL; and (3)
the justification for exercising the waiver authority.
admission of refugees
Sec. 586. (a) The Secretary of State shall utilize private
voluntary organizations with expertise in the protection needs
of refugees in the processing of refugees overseas for
admission and resettlement to the United States, and shall
utilize such agencies in addition to the United Nations High
Commissioner for Refugees in the identification and referral of
refugees.
(b) The Secretary of State should maintain a system for
accepting referrals of appropriate candidates for resettlement
from local private, voluntary organizations and work to ensure
that particularly vulnerable refugee groups receive special
consideration for admission into the United States, including--
(1) long-stayers in countries of first asylum;
(2) unaccompanied refugee minors;
(3) refugees outside traditional camp settings; and
(4) refugees in woman-headed households.
(c) The Secretary of State shall give special consideration
to--
(1) refugees of all nationalities who have close
family ties to citizens and residents of the United
States; and
(2) other groups of refugees who are of special
concern to the United States.
CODE OF CONDUCT
Sec. 587. (a) None of the funds made available by title II
under the heading ``Migration and Refugee Assistance'' or
``Transition Initiatives'' to provide assistance to refugees or
internally displaced persons may be provided to an organization
that has failed to adopt a code of conduct consistent with the
Inter-Agency Standing Committee Task Force on Protection From
Sexual Exploitation and Abuse in Humanitarian Crises six core
principles for the protection of beneficiaries of humanitarian
assistance.
(b) In administering the amounts made available for the
accounts described in subsection (a), the Secretary of State
and Administrator of the United States Agency for International
Development shall incorporate specific policies and programs
for the purpose of identifying specific needs of, and
particular threats to, women and children at the various stages
of humanitarian emergencies, especially at the onset of such
emergency.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING AUTHORITY
Sec. 588. (a) Authority.--Up to $37,500,000 of the funds
made available in this Act to carry out the provisions of part
I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'', may be used by the United States
Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited
appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175, of which not more than 75 may
be hired for employment in the United States.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2007.
(c) Conditions.--The authority of this section may only be
used--
(1) to the extent that an equivalent number of
positions that are filled by personal services
contractors or other nondirect-hire employees of USAID,
who are compensated with funds appropriated to carry
out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic
States'', are eliminated; and
(2) after consultations between the Committees on
Appropriations and the USAID Administrator on the
implementation of this section and USAID work force
issues more generally.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to
meet personnel positions in technical skill areas currently
encumbered by contractor or other nondirect-hire personnel.
(e) Consultations.--After the initial consultations
required by subsection (c)(2), the USAID Administrator shall
consult with the Committees on Appropriations at least on a
quarterly basis thereafter concerning the implementation of
this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to
carry out this section may be transferred to and merged and
consolidated with funds appropriated for ``Operating Expenses
of the United States Agency for International Development''.
(g) Relation to Prior Law.--Upon completion of the
consultations required by subsection (c)(2), the authority
contained in this section shall supersede the authority
contained in section 525 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004.
(h) Disaster Surge Capacity.--Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'', may be used, in
addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed
to or employed by the United States Agency for International
Development whose primary responsibility is to carry out
programs in response to natural disasters.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
RESTRICTIONS
Sec. 589. (a) Limitation on Use of Funds by OPIC.--None of
the funds made available in this Act may be used by the
Overseas Private Investment Corporation to insure, reinsure,
guarantee, or finance any investment in connection with a
project involving the mining, polishing or other processing, or
sale of diamonds in a country that fails to meet the
requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--
None of the funds made available in this Act may be used by the
Export-Import Bank of the United States to guarantee, insure,
extend credit, or participate in an extension of credit in
connection with the export of any goods to a country for use in
an enterprise involving the mining, polishing or other
processing, or sale of diamonds in a country that fails to meet
the requirements of subsection (c).
(c) Requirements.--The requirements referred to in
subsections (a) and (b) are that the country concerned is
implementing the recommendations, obligations and requirements
developed by the Kimberley Process on conflict diamonds.
SECURITY IN ASIA
Sec. 590. (a) Indonesia.--Funds made available for
assistance for Indonesia under the heading ``Foreign Military
Financing Program'' may be made available for assistance for
the Indonesian navy notwithstanding section 572 of this Act if
the Secretary of State reports to the Committees on
Appropriations that the Indonesian navy is not violating human
rights and is cooperating with civilian judicial authorities on
cases involving human rights violations: Provided, That such
funds may only be made available for assistance for the
Indonesian navy for the purposes of enhancing maritime
security: Provided further, That such funds shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
(b) Cambodia.--Funds made available for assistance for
Cambodia under the heading ``Foreign Military Financing
Program'' may be made available notwithstanding section 554 of
this Act: Provided, That such funds shall only be made
available subject to the regular notification procedures of the
Committees on Appropriations.
(c) Nepal.--
(1) The Congress deplores and 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
vicious acts.
(2) Funds appropriated under the heading ``Foreign
Military Financing Program'' may be made available for
assistance for Nepal if the Secretary of State reports
to the Committees on Appropriations that the Government
of Nepal:
(A) has determined the number of and is
making substantial progress in complying with
habeas corpus orders issued by the Supreme
Court of Nepal, including all outstanding
orders;
(B) is cooperating with the National Human
Rights Commission of Nepal to identify and
resolve all security related cases involving
individuals in government custody;
(C) is granting the National Human Rights
Commission of Nepal unimpeded access to all
places of detention; and
(D) is taking effective steps to end
torture by security forces and to prosecute
members of such forces who are responsible for
gross violations of human rights.
(3) The Secretary of State may waive the
requirements of paragraph (2) if he determines and
reports to the Committees on Appropriations that to do
so is in the national security interests of the United
States.
HIPC DEBT REDUCTION AND TRUST FUND
Sec. 591. (a) Section 801(b)(1) of Public Law 106-429 is
amended--
(1) by inserting ``(i)'' after ``appropriated'';
and
(2) by inserting before the period ``; and (ii) for
fiscal years 2004-2006, not more than $150,000,000, for
purposes of additional United States contributions to
the HIPC Trust Fund administered by the Bank, which are
authorized to remain available until expended''.
(b) Section 501(i) of Public Law 106-113 is amended by
deleting ``2003-2004'' and inserting in lieu thereof ``2000-
2006''.
COMPLIANCE WITH THE ALGIERS AGREEMENTS
Sec. 592. None of the funds appropriated by this Act may be
made available for assistance for the central Governments of
Ethiopia or Eritrea unless the Secretary of State certifies and
reports to the Committees on Appropriations that such
government is taking steps to complywith the terms of the
Algiers Agreements: Provided, That this section shall not apply to
democracy, rule of law, peacekeeping programs and activities, child
survival and health, basic education, and agriculture programs:
Provided further, That the Secretary may waive the requirements of this
section if he determines that to do so is in the national security
interests of the United States.
ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT BANKS
Sec. 593. (a) Section 1307 of the International Financial
Institutions Act (22 U.S.C. 262m-7) is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) Assessment Required Before Favorable Vote on
Proposal.--The Secretary of the Treasury shall instruct the
United States Executive Director of each multilateral
development bank not to vote in favor of any proposed action
(including but not limited to any loan, credit, grant, or
guarantee) which would result or be likely to result in
significant impact on the environment, unless the Secretary,
after consultation with the Secretary of State and the
Administrators of the United States Agency for International
Development and the Environmental Protection Agency, determines
that for at least 120 days before the date of the vote--
``(1) an assessment analyzing the environmental impacts
of the proposed action, including associated and cumulative
impacts, and of alternatives to the proposed action, has been
completed by the borrower or the bank and has been made
available to the board of directors of the bank; and
``(2) such assessment or a comprehensive summary of the
assessment (with proprietary information redacted) has been
made available to affected groups and local nongovernmental
organizations and notice of its availability in the country and
at the bank has been posted on the bank's website.''; and
(2) by striking subsection (g) and inserting the
following:
``(g) Multilateral Development Bank Defined--In this
title, the term `multilateral development bank' means the
International Bank for Reconstruction and Development, the
European Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guarantee
Agency, the African Development Bank, the African Development
Fund, the Asian Development Bank, the Inter-American
Development Bank, the Inter-American Investment Corporation,
any other institution (other than the International Monetary
Fund) specified in section 1701(c)(2), and any subsidiary of
any institution.''
(b) Section 1303(b) of the International Financial
Institutions Act (22 U.S.C. 262m-2(b)) is amended--
(1) by inserting ``(1)'' after ``(b)'' and replacing
``International Bank for Reconstruction and Development, the
Inter-American Development Bank, the Asian Development Bank of
the African Development Bank'' with the phrase ``multilateral
development banks as defined in section 1307(g)''; and
(2) by inserting at the end of subsection (b) the
following text:
``(2) The Secretary of the Treasury shall instruct such
Executive Directors to work with other countries' Executive
Directors and multilateral development bank management to:
``(A) improve the procedures of each multilateral
development bank for providing its board of directors with a
complete and accurate record regarding public consultation
before they vote on proposed projects with significant
environmental implications; and
``(B) revise bank procedures to consistently require
public consultation on operational policy proposals or
revisions that have significant environmental or social
implications.
``(3) Progress under this subsection shall be
incorporated into Treasury's required annual report to Congress
on the environmental performance of the multilateral
development banks.''.
VIETNAMESE REFUGEES
Sec. 594. (a) Eligibility for In-country Refugee Processing
in Vietnam.--For purposes of eligibility for in-country refugee
processing for nationals of Vietnam during fiscal years 2004
and 2005, an alien described in subsection (b) shall be
considered to be a refugee of special humanitarian concern to
the United States (within the meaning of section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157)) and shall be
admitted to the United States for resettlement if the alien
would be admissible as an immigrant under the Immigration and
Nationality Act (except as provided in section 207(c)(3) of
that Act).
(b) Aliens Covered.--An alien described in this subsection
is an alien who--
(1) is the son or daughter of a qualified national;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of
the alien's parent for resettlement under the Orderly
Departure Program or through the United States
Consulate General in Ho Chi Minh City.
(c) Qualified National.--The term ``qualified national'' in
subsection (b)(1) means a national of Vietnam who--
(1)(A) was formerly interned in a re-education camp
in Vietnam by the Government of the Socialist Republic
of Vietnam; or
(B) is the widow or widower of an individual
described in subparagraph (A);
(2)(A) qualified for refugee processing under the
Orderly Departure Program re-education subprogram; and
(B) is or was accepted under the Orderly Departure
Program or through the United States Consulate General
in Ho Chi Minh City--
(i) for resettlement as a refugee; or
(ii) for admission to the United States as
an immediate relative immigrant; and
(3)(A) is presently maintaining a residence in the
United States or whose surviving spouse is presently
maintaining such a residence; or
(B) was approved for refugee resettlement or
immigrant visa processing and is awaiting departure
formalities from Vietnam or whose surviving spouse is
awaiting such departure formalities.
JOINT EXPLANATORY STATEMENT
Sec. 595. (a) Funds provided in this Act for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the joint explanatory statement of managers
accompanying this Act:
``Economic Support Fund'';
``Assistance for Eastern Europe and the Baltic
States'';
``Assistance for the Independent States of the
Former Soviet Union'';
``Andean Counterdrug Initiative'';
``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'';
``Foreign Military Financing Program''; and
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the joint explanatory statement of
managers shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961.
This division may be cited as the ``Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2005''.
DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$848,939,000, to remain available until expended, of which
$1,000,000 is for high priority projects, to be carried out by
the Youth Conservation Corps; $4,000,000 is for assessment of
the mineral potential of public lands in Alaska pursuant to
section 1010 of Public Law 96-487; (16 U.S.C. 3150); and of
which not to exceed $1,000,000 shall be derived from the
special receipt account established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i));
and of which $3,500,000 shall be available in fiscal year 2005
subject to a match by at least an equal amount by the National
Fish and Wildlife Foundation for cost-shared projects
supporting conservation of Bureau lands; and such funds shall
be advanced to the Foundation as a lump sum grant without
regard to when expenses are incurred.
In addition, $32,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program; to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to
result in a final appropriation estimated at not more than
$848,939,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $743,099,000, to
remain available until expended, of which not to exceed
$12,374,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this Act,
the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous
fuels reduction activities, and for training and monitoring
associated with such hazardous fuels reduction activities, on
Federal land, or on adjacent non-Federal land for activities
that benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of hazardous fuels
reduction activities, may obtain maximum practicable
competition among: (A) local private, nonprofit, or cooperative
entities; (B) Youth Conservation Corps crews or related
partnerships with state, local, or non-profit youth groups; (C)
small or micro-businesses; or (D) otherentities that will hire
or train locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts: Provided
further, That in implementing this section, the Secretary shall develop
written guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this head may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in connection with
wildland fire management activities: Provided further, That the
Secretary of the Interior may use wildland fire appropriations to enter
into non-competitive sole source leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not
to exceed $12,000,000, between the Departments when such transfers
would facilitate and expedite jointly funded wildland fire management
programs and projects: Provided further, That funds provided for
wildfire suppression shall be available for support of Federal
emergency response actions.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.), $9,855,000,
to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by
a party in advance of or as reimbursement for remedial action
or response activities conducted by the Department pursuant to
section 107 or 113(f) of such Act, shall be credited to this
account, to be available until expended without further
appropriation: Provided further, That such sums recovered from
or paid by any party are not limited to monetary payments and
may include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed of by
the Secretary and which shall be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $11,500,000, to
remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$11,350,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $109,057,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales and
forest ecosystem health and recovery activities, such as
release from competing vegetation and density control
treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public
Law 106-393) derived from treatments funded by this account
shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided, That
not to exceed $600,000 shall be available for administrative
expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for informationor evidence
concerning violations of laws administered by the Bureau; miscellaneous
and emergency expenses of enforcement activities authorized or approved
by the Secretary and to be accounted for solely on her certificate, not
to exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific and
economic studies, maintenance of the herd of long-horned cattle
on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $977,205,000, to
remain available until September 30, 2006, except as otherwise
provided herein: Provided, That not less than $1,000,000 shall
be provided to local governments in southern California for
planning associated with the Natural Communities Conservation
Planning (NCCP) program and shall remain available until
expended: Provided further, That $2,000,000 is for high
priority projects, which shall be carried out by the Youth
Conservation Corps: Provided further, That not to exceed
$16,175,000 shall be used for implementing subsections (a),
(b), (c), and (e) of section 4 of the Endangered Species Act,
as amended, for species that are indigenous to the United
States (except for processing petitions, developing and issuing
proposed and final regulations, and taking any other steps to
implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$11,400,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to
subsection (a)(1) prior to October 1, 2004: Provided further,
That of the amount available for law enforcement, up to
$400,000, to remain available until expended, may at the
discretion of the Secretary be used for payment for
information, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emergency
expenses of enforcement activity, authorized or approved by the
Secretary and to be accounted for solely on her certificate:
Provided further, That of the amount provided for environmental
contaminants, up to $1,000,000 may remain available until
expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $53,400,000, to remain available until
expended: Provided, That notwithstanding any other provision of
law, a single procurement for the construction project at the
Clark R. Bavin Forensics Laboratory in Oregon may be issued
which includes the full scope of the project: Provided further,
That the solicitation and the contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232.18.
LAND ACQUISITION
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $37,526,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which $750,000 is for support of
acquisition of lands for waterfowl habitat in the Yukon Flats
National Wildlife Refuge, and the related conveyance of Federal
lands and interests in lands to Doyon, Limited, an Alaska
Native Corporation organized pursuant to the Alaska Native
Claims Settlement Act: Provided, That the Secretary is
authorized to, and shall, execute all necessary acquisitions
and exchange agreement documents in furtherance of this
acquisition and exchange as soon as possible: Provided further,
That notwithstanding any other law, all revenues, fees and
royalties received by the Federal Government from oil and/or
gas production from the lands, and interests in land, acquired
by Doyon, Limited, pursuant to the exchange of lands located
within Yukon Flats National Wildlife Refuge shall be deposited
in a special account in the Treasury of the United States to be
called the Alaska National Wildlife Refuge Land Acquisition and
Facility Account (``Acquisition Account''): Provided further,
That all amounts deposited in the acquisition account shall be
available until expended without further act of appropriation
to the Director of the U.S. Fish and Wildlife Service for only
the following purposes: (1) To acquire lands from Doyon,
Limited, located within Yukon Flats National Wildlife Refuge in
accordance with the Exchange Agreement; (2) To acquire lands
from other willing sellers in the Yukon Flats National Wildlife
Refuge, or from other willing sellers in other units of the
National Wildlife Refuge System located within the State of
Alaska; and, (3) To construct facilities and infrastructure for
Alaska refuges: Provided further, That none of the funds
appropriated for specific land acquisition projects, other than
the appropriations for the Yukon Flats National Wildlife Refuge
exchange and acquisition provided for under this heading, can
be used to pay for any administrative overhead, planning or
other management costs: Provided further, That none of the
funds in this or any other Act may be used for the acquisition
of land for inclusion in the Deep Fork National Wildlife
Refuge.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for private
conservation efforts to be carried out on private lands,
$22,000,000, to be derived from the Land and Water Conservation
Fund, and to remain available until expended: Provided, That
the amount provided herein is for a Landowner Incentive Program
established by the Secretary that provides matching,
competitively awarded grants to States, the District of
Columbia, federally recognized Indian tribes, Puerto Rico,
Guam, the United States Virgin Islands, the Northern Mariana
Islands, and American Samoa, to establish or supplement
existing landowner incentive programs that provide technical
and financial assistance, including habitat protection and
restoration, to private landowners for the protection and
management of habitat to benefit federally listed, proposed,
candidate, or other at-risk species on private lands.
PRIVATE STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for private
conservation efforts to be carried out on private lands,
$7,000,000, to be derived from the Land and Water Conservation
Fund, and to remain available until expended: Provided, That
the amount provided herein is for the Private Stewardship
Grants Program established by the Secretary to provide grants
and other assistance to individuals and groups engaged in
private conservation efforts that benefit federally listed,
proposed, candidate, or other at-risk species: Provided
further, That balances from amounts previously appropriated
under the heading ``Stewardship Grants'' shall be transferred
to and merged with this appropriation and shall remain
available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),as
amended, $81,596,000, of which $32,212,000 is to be derived from the
Cooperative Endangered Species Conservation Fund and $49,384,000 is to
be derived from the Land and Water Conservation Fund and to remain
available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $38,000,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance with
the Neotropical Migratory Bird Conservation Act, Public Law
106-247 (16 U.S.C. 6101-6109), $4,000,000, to remain available
until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), the
Great Ape Conservation Act of 2000 (16 U.S.C. 6301), and the
Marine Turtle Conservation Act of 2004 (Public Law 108-266; 16
U.S.C. 6601), $5,800,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and federally recognized Indian tribes under the provisions of
the Fish and Wildlife Act of 1956 and the Fish and Wildlife
Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat,
including species that are not hunted or fished, $70,000,000,
to be derived from the Land and Water Conservation Fund, and to
remain available until expended: Provided, That of the amount
provided herein, $6,000,000 is for a competitive grant program
for Indian tribes not subject to the remaining provisions of
this appropriation: Provided further, That the Secretary shall,
after deducting said $6,000,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(A) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof; and (B) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary
shall apportion the remaining amount in the following manner:
(A) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (B) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 50 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That no State, territory, or other
jurisdiction shall receive a grant unless it has developed, or
committed to develop by October 1, 2005, a comprehensive
wildlife conservation plan, consistent with criteria
established by the Secretary of the Interior, that considers
the broad range of the State, territory, or other
jurisdiction's wildlife and associated habitats, with
appropriate priority placed on those species with the greatest
conservation need and taking into consideration the relative
level of funding available for the conservation of those
species: Provided further, That any amount apportioned in 2005
to any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2006, shall be reapportioned,
together with funds appropriated in 2007, in the manner
provided herein: Provided further, That balances from amounts
previously appropriated under the heading ``State Wildlife
Grants'' shall be transferred to and merged with this
appropriation and shall remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 179 passenger motor vehicles, of which 161 are
for replacement only (including 44 for police-type use); repair
of damage to public roads within and adjacent to reservation
areas caused by operations of the Service; options for the
purchase of land at not to exceed $1 for each option;
facilities incident to such public recreational uses on
conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which are
used pursuant to law in connection with management, and
investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That notwithstanding any other provision of law, the
Service may use up to $2,000,000 from funds provided for
contracts for employment-related legal services: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft: Provided further, That
notwithstanding any other provision of law, the Secretary of
the Interior may not spend any of the funds appropriated in
this Act for the purchase of lands or interests in lands to be
used in the establishment of any new unit of the National
Wildlife Refuge System unless the purchase is approved in
advance by the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained in House
Report 108-330.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
$1,707,282,000, of which $10,708,000 is for planning and
interagency coordination in support of Everglades restoration
and shall remain available until expended; of which $96,440,000
is for maintenance, repair or rehabilitation projects for
constructed assets, operation of the National Park Service
automated facility management software system, and
comprehensive facility condition assessments; and of which
$2,000,000 is for the Youth Conservation Corps for high
priority projects: Provided, That the only funds in this
account which may be made available to support United States
Park Police are those funds approved for emergency law and
order incidents pursuant to established National Park Service
procedures, those funds needed to maintain and repair United
States Park Police administrative facilities, and those funds
necessary to reimburse the United States Park Police account
for the unbudgeted overtime and travel costs associated with
special events for an amount not to exceed $10,000 per event
subject to the review and concurrence of the Washington
headquarters office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of the
United States Park Police, $81,204,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $61,832,000: Provided, That $700,000 from the Statutory
and Contractual Aid Account shall be provided to the City of
Tacoma, Washington for the purpose of conducting a feasibility
study for the Train to the Mountain project: Provided further,
That none of the funds in this Act for the River, Trails and
Conservation Assistance program may be used for cash
agreements, or for cooperative agreements that are inconsistent
with the program's final strategic plan: Provided further, That
notwithstanding section 8(b) of Public Law 102-543 (16 U.S.C.
410yy-8(b)), amounts made available under this heading to the
Keweenaw National Historical Park shall be matched on not less
than a 1-to-1 basis by non-Federal funds.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $72,750,000, to be derived from the Historic
Preservation Fund, to remain available until September 30,
2006, of which $30,000,000 shall be for Save America's
Treasures for preservation of nationally significant sites,
structures, and artifacts: Provided, That any individual Save
America's Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to
be funded shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on
Appropriations and the President's Committee on the Arts and
Humanities prior to the commitment of Save America's Treasures
grant funds: Provided further, That Save America's Treasures
funds allocated for Federal projects, following approval, shall
be available by transfer to appropriate accounts of individual
agencies: Provided further, That hereinafter and
notwithstanding 20 U.S.C. 951 et seq. the National Endowment
for the Arts may award Save America's Treasures grants based
upon the recommendations of the Save America's Treasures grant
selection panel convened by the President's Committee on the
Arts and the Humanities and the National Park Service.
CONSTRUCTION
For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $307,362,000, to remain available until
expended, of which $500,000 for the L.Q.C. Lamar House National
Historic Landmark shall be derived from the Historic
Preservation Fund pursuant to 16 U.S.C. 470a: Provided, That
none of the funds available to the National Park Service may be
used to plan, design, or construct any partnership project with
a total value in excess of $5,000,000, without advance approval
of the House and Senate Committees on Appropriations: Provided
further, That, notwithstanding any other provision of law, the
National Park Service may not accept donations or services
associated with the planning, design, or construction of such
new facilities without advance approval of the House and Senate
Committees on Appropriations: Provided further, That these
restrictions do not apply to the Flight 93 Memorial: Provided
further, That funds provided under this heading for
implementation of modified water deliveries to Everglades
National Park shall be expended consistent with the
requirements of the fifth proviso under this heading in Public
Law 108-108: Provided further, That none of the funds provided
in this or any other Act may be used for planning, design, or
construction of any underground security screening or visitor
contact facility at the Washington Monument until such facility
has been approved in writing by the House and Senate Committees
on Appropriations: Provided further, That the National Park
Service may use funds provided herein to construct a parking
lot and connecting trail on leased, non-Federal land in order
to accommodate visitor use of the Old Rag Mountain Trail at
Shenandoah National Park, and may for the duration of such
lease use any funds available to the Service for the
maintenance of the parking lot and connecting trail.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2005 by 16
U.S.C. 460l-10a are rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$148,411,000, to be derivedfrom the Land and Water Conservation
Fund and to remain available until expended, of which $92,500,000 is
for the State assistance program including $1,500,000 to administer
this program: Provided, That none of the funds provided for the State
assistance program may be used to establish a contingency fund:
Provided further, That in lieu of State assistance program indirect
costs (as described in OMB Circular A-87), not to exceed 5 percent of
apportionments under the State assistance program may be used by
States, the District of Columbia, and insular areas to support program
administrative costs: Provided further, That $250,000 of the amount
provided under this heading for civil war battlefield protection shall
be available for transfer to the ``National Recreation and
Preservation'' account.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 249 passenger motor
vehicles, of which 202 shall be for replacement only, including
not to exceed 193 for police-type use, 10 buses, and 8
ambulances: Provided, That none of the funds appropriated to
the National Park Service may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement
for the redevelopment of the southern end of Ellis Island until
such agreement has been submitted to the Congress and shall not
be implemented prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in
session because of adjournment of more than 3 calendar days to
a day certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end of
Ellis Island, including the facts and circumstances relied upon
in support of the proposed project: Provided further, That
appropriations available to the National Park Service may be
used to maintain the following areas in Washington, District of
Columbia: Jackson Place, Madison Place, and Pennsylvania Avenue
between 15th and 17th Streets, Northwest.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to
encourage employees receiving workers' compensation benefits
pursuant to chapter 81 of title 5, United States Code, to
return to appropriate positions for which they are medically
able.
Notwithstanding any other provision of law, in fiscal year
2005, with respect to the administration of the National Park
Service park pass program by the National Park Foundation, the
Secretary may pay to the Foundation administrative funds
expected to be received in that fiscal year before the revenues
are collected, so long as total payments in the administrative
account do not exceed total revenue collected and deposited in
that account by the end of the fiscal year.
If the Secretary of the Interior considers the decision of
any value determination proceeding conducted under a National
Park Service concession contract issued prior to November 13,
1998, to misinterpret or misapply relevant contractual
requirements or their underlying legal authority, the Secretary
may seek, within 180 days of any such decision, the de novo
review of the value determination by the United States Court of
Federal Claims, and that court may make an order affirming,
vacating, modifying or correcting the determination.
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory
Interest or leasehold surrender interest. Such funds may only
be used for this purpose to the extent that the benefiting unit
anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to
extinguish or reduce liability. Franchise fees at the
benefiting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a
single contract at the benefiting unit, in the amount of funds
so expended to extinguish or reduce liability.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the
economic conditions affectingmining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law and to publish and disseminate data;
$948,921,000, of which $63,262,000 shall be available only for
cooperation with States or municipalities for water resources
investigations; and of which $7,901,000 shall remain available until
expended for satellite operations; and of which $21,971,000 shall be
available until September 30, 2006, for the operation and maintenance
of facilities and deferred maintenance; and of which $1,600,000 shall
be available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost; and of which
$174,219,000 shall be available until September 30, 2006, for the
biological research activity and the operation of the Cooperative
Research Units: Provided, That none of the funds provided for the
biological research activity shall be used to conduct new surveys on
private property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this appropriation
shall be used to pay more than one-half the cost of topographic mapping
or water resources data collection and investigations carried on in
cooperation with States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological
Survey shall be available for the purchase and replacement of
passenger motor vehicles; reimbursement to the General Services
Administration for security guard services; contracting for the
furnishing of topographic maps and for the making of
geophysical or other specialized surveys when it is
administratively determined that such procedures are in the
public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for
gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the Survey
duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made
may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302 et seq.:
Provided further, That the United States Geological Survey may
enter into contracts or cooperative agreements directly with
individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 5, for the temporary
or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to compensation
for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Minerals Management Service
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; and for
matching grants or cooperative agreements; including the
purchase of not to exceed eight passenger motor vehicles for
replacement only, $169,175,000, of which $76,106,000 shall be
available for royalty management activities; and an amount not
to exceed $103,730,000, to be credited to this appropriation
and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August
5, 1993, from rate increases to fee collections for Outer
Continental Shelf administrative activities performed by the
Minerals Management Service (MMS) over and above the rates in
effect on September 30, 1993, and from additional fees for
Outer Continental Shelf administrative activities established
after September 30, 1993: Provided, That to the extent
$103,730,000 in additions to receipts are not realized from the
sources of receipts stated above, the amount needed to reach
$103,730,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: Provided further,
That $3,000,000 for computer acquisitions shall remain
available until September 30, 2006: Provided further, That
funds appropriated under this Act shall be available for the
payment of interest in accordance with 30 U.S.C. 1721(b) and
(d): Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities: Provided
further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which
the Director of MMS concurred with the claimed refund due, to
pay amounts owed to Indian allottees or tribes, or to correct
prior unrecoverable erroneous payments: Provided further, That
MMS may under the royalty-in-kind program, or under its
authority to transfer oil to the Strategic Petroleum Reserve,
use a portion of the revenues from royalty-in-kind sales,
without regard to fiscal year limitation, to pay for
transportation to wholesale market centers or upstream pooling
points, to process or otherwise dispose of royalty production
taken in kind, and to recover MMS transportation costs,
salaries, and other administrative costs directly related to
the royalty-in-kind program: Provided further, That MMS shall
analyze and document the expected return in advance of any
royalty-in-kind sales to assure to the maximum extent
practicable that royalty income under the pilot program is
equal to or greater than royalty income recognized under a
comparable royalty-in-value program: Provided further, That in
fiscal year 2005 and thereafter, notwithstanding 30 U.S.C.
191(a) and 43 U.S.C. 1338, the Secretary shall pay amounts owed
to States under the provision of 30 U.S.C. 1721(b) from amounts
received as current receipts from bonuses, royalties, interest
collected from lessees and designees, and rentals of the public
lands and the outer continental shelf under provisions of the
Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are
not payable to a State or the Reclamation Fund.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $7,105,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $109,805,000:
Provided, That the Secretary of the Interior, pursuant to
regulations, may use directly or through grants to States,
moneys collected in fiscal year 2005 for civil penalties
assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3,
1977, to remain available until expended: Provided further,
That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $190,863,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund
and to remain available until expended; of which up to
$10,000,000, to be derived from the Federal Expenses Share of
the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants to
minimum program States will be $1,500,000 per State in fiscal
year 2005: Provided further, That pursuant to Public Law 97-
365, the Department of the Interior is authorized to use up to
20 percent from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect these
debts: Provided further, That funds made available under title
IV of Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Government
for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from abandoned
mines: Provided further, That such projects must be consistent
with the purposes and priorities of the Surface Mining Control
and Reclamation Act: Provided further, That the State of
Maryland may set aside the greater of $1,000,000 or 10 percent
of the total of the grants made available to the State under
title IV of the Surface Mining Control and Reclamation Act of
1977, as amended (30 U.S.C. 1231 et seq.), if the amount set
aside is deposited in an acid mine drainage abatement and
treatment fund established under a State law, pursuant to which
law the amount (together with all interest earned on the
amount) is expended by the State to undertake acid mine
drainage abatement and treatment projects, except that before
any amounts greater than 10 percent of its title IV grants are
deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface
Mining Control and Reclamation Act priority one projects:
Provided further, That amounts provided under this heading may
be used for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training.
ADMINISTRATIVE PROVISION
With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and Tribal regulatory and
reclamation programs.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.),
as amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), as amended, $1,955,047,000, to remain
available until September 30, 2006 except as otherwise provided
herein, of which not to exceed $87,638,000 shall be for welfare
assistance payments and notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination
Act of 1975, as amended, not to exceed $136,314,000 shall be
available for payments to tribes and tribal organizations for
contract support costs associated with ongoing contracts,
grants, compacts, or annual funding agreements entered into
with the Bureau prior to or during fiscal year 2005, as
authorized by such Act, except that tribes and tribal
organizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, or compacts,
or annual funding agreements and for unmet welfare assistance
costs; and of which not to exceed $456,057,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2005, and shall
remain available until September 30, 2006; and of which not to
exceed $61,801,000 shall remain available until expended for
housing improvement, road maintenance, attorney fees,
litigation support, the Indian Self-Determination Fund, land
records improvement, and the Navajo-Hopi Settlement Program:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act
of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$45,348,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or during
fiscal year 2004 for the operation of Bureau-funded schools,
and up to $1,000,000 within and only from such amounts made
available for school operations shall be available for the
transitional costs of initial administrative cost grants to
tribes and tribal organizations that enter into grants for the
operation on or after July 1, 2004 of Bureau-operated schools:
Provided further, That any forestry funds allocated to a tribe
which remain unobligated as of September 30, 2006, may be
transferred during fiscal year 2007 to an Indian forest land
assistance account established for the benefit of such tribe
within the tribe's trust fund account: Provided further, That
any such unobligated balances not so transferred shall expire
on September 30, 2007.
CONSTRUCTION
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483,
$323,626,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year
2005, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12
as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary shall
consider whether the Indian tribe or tribal organization would
be deficient in assuring that the construction projects conform
to applicable building standards and codes and Federal, tribal,
or State health and safety standards as required by 25 U.S.C.
2005(b), with respect to organizational and financial
management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall follow
the requirements contained in 25 U.S.C. 2504(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2507(e): Provided further, That in order
to ensure timely completion of replacement school construction
projects, the Secretary may assume control of a project and all
funds related to the project, if, within eighteen months of the
date of enactment of this Act, any tribe or tribal organization
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project
and commenced construction of the replacement school: Provided
further, That, of the funds provided for the tribal school
demonstration program, notwithstanding the provisions of
paragraph (b)(1) of section 122 of division F of Public Law
108-7, as amended by section 136 of Public Law 108-108,
$4,500,000 is for the Eastern Band of Cherokee education campus
at the Ravensford tract, $4,000,000 is for the Sac and Fox
Meskwaki Settlement school, and $4,000,000 is for the Twin
Buttes elementary school on the Fort Berthold Reservation:
Provided further, That this Appropriation may be reimbursed
from the Office of the Special Trustee for American Indians
Appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust
reform implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $44,771,000, to
remain available until expended, for implementation of Indian
land and water claim settlements pursuant to Public Laws 99-
264, 100-580, 101-618, 106-554, 107-331, and 108-34, and for
implementation of other land and water rights settlements, of
which $10,032,000 shall be available for payment to the
Quinault Indian Nation pursuant to the terms of the North
Boundary Settlement Agreement dated July 14, 2000, providing
for the acquisition of perpetual conservation easements from
the Nation.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans, $6,421,000,
of which $695,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $84,699,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase of
not to exceed 229 passenger motor vehicles, of which not to
exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration (except
facilities operations and maintenance) shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance Act
of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe, or
the government-to-government relationship between the United
States and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No
funds available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995. Funds
made available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term is
defined in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026)), except that a charter school that is in
existence on the date of the enactment of this Act and that has
operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the
charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the
Bureau does not assume any obligation for charter school
programs of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including sec.
113 of Title I of Appendix C of Public Law 106-113, if a Tribe
or tribal organization in fiscal year 2003 or 2004 received
indirect and administrative costs pursuant to a distribution
formula based on sec. 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such Tribe or tribal organization using the sec. 5(f)
distribution formula.
Departmental Offices
Insular Affairs
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$76,255,000, of which: (1) $69,682,000 shall be available until
expended for technical assistance, including maintenance
assistance, disaster assistance, insular management controls,
coral reef initiative activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by law
(Public Law 94-241; 90 Stat. 272); and (2) $6,563,000 shall be
available for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided further, That
of the amounts provided for technical assistance, sufficient
funds shall be made available for a grant to the Pacific Basin
Development Council: Provided further, That of the amounts
provided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $5,499,000, as provided
for in sections 221(a)(2), 221(b), and 233 of the Compact of
Free Association for the Republic of Palau as authorized by
Public Law 99-658; Public Law 108-188; and section 221(a)(2) of
the Compacts of Free Association and their related agreements
between the Government of the United States and the Government
of the Republic of the Marshall Islands, and the Government of
the United States of the Federated States of Micronesia,
respectively, as amended.
Departmental Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for management of the Department of
the Interior, $90,855,000, of which not to exceed $8,500 may be
for official reception and representation expenses, of which up
to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines, and
of which $14,250,000 shall remain available until expended for
a departmental financial and business management system:
Provided, That of the funds provided for a departmental
financial and business management system, $13,500,000 shall be
derived by transfer from unobligated balances in the ``Central
Hazardous Materials Fund'': Provided further, That none of the
funds in this or previous appropriations Acts may be used to
establish any additional reserves in the Working Capital Fund
account other than the two authorized reserves without prior
approval of the House and Senate Committees on Appropriations:
Provided further, That amounts otherwise appropriated by this
Act for motor vehicle lease, purchase or service costs at the
Department of the Interior are reduced by $3,000,000 and, not
later than 30 days after the date of the enactment of this Act,
the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a listing of the amounts by
account of the reductions made pursuant to this proviso.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $230,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Office of the Solicitor
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$52,384,000.
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$37,800,000.
Office of Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $196,267,000, to remain available until expended, of
which not to exceed $58,000,000 shall be available for
historical accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the
Departmental Management, ``Salaries and Expenses'' account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2005, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain
available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the
statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the
enactment of this Act, concerning losses to or mismanagement of
trust funds, until the affected tribe or individual Indian has
been furnished with an accounting of such funds from which the
beneficiary can determine whether there has been a loss:
Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 18 months and has a balance of
$1.00 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to and remain available in this
account for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $35,000,000, to remain available until expended, and
which may be transferred to the Bureau of Indian Affairs and
Departmental Management accounts: Provided, That funds provided
under this heading may be expended pursuant to the authorities
contained in the provisos under the heading ``Office of Special
Trustee for American Indians, Indian Land Consolidation'' of
the Interior and Related Agencies Appropriations Act, 2001
(Public Law 106-291).
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 etseq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act
of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), and Public Law
101-337, as amended (16 U.S.C. 19jj et seq.), $5,818,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in the
``Departmental Management'', ``Office of the Solicitor'', and
``Office of Inspector General'' may be augmented through the
Working Capital Fund: Provided further, That the annual budget
justification for Departmental Management shall describe
estimated Working Capital Fund charges to bureaus and offices,
including the methodology on which charges are based: Provided
further, That departures from the Working Capital Fund
estimates contained in the Departmental Management budget
justification shall be presented to the Committees on
Appropriations for approval: Provided further, That the
Secretary shall provide a semi-annual report to the Committees
on Appropriations on reimbursable support agreements between
the Office of the Secretary and the National Business Center
and the bureaus and offices of the Department, including the
amounts billed pursuant to such agreements.
General Provisions, Department of the Interior
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section are hereby designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as
made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287, and must be replenished by a
supplemental appropriation which must be requested as promptly
as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for wildland
fire operations, such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided
further, That all funds used pursuant to this section are
hereby designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287, and must be replenished by a
supplemental appropriation which must be requested as promptly
as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from
which emergency funds were transferred.
Sec. 103. Appropriations made to the Department of the
Interior shall hereafter be available for operation of
warehouses, garages, shops, and similar facilities, wherever
consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for
services rendered to any other activity in the same manner as
authorized by sections 1535 and 1536 of title 31, United States
Code: Provided, That reimbursements for costs and supplies,
materials, equipment, and for services rendered may be credited
to the appropriation current at the time such reimbursements
are received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Secretary,
in total amount not to exceed $500,000; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall hereafter be available
for uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made to the Department of
the Interior shall hereafter be available for obligation in
connection with contracts issued for services or rentals for
periods not in excess of 12 months beginning at any time during
the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June 12,
1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and the
eastern Gulf of Mexico south of 26 degrees north latitude and
east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer Continental
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 110. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may providefor and regulate local non-
recreational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such activity
appropriate to that unit.
Sec. 111. Advance payments made by the Department of the
Interior to Indian tribes, tribal organizations, and tribal
consortia pursuant to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) or the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.) may hereafter be invested by the Indian tribe, tribal
organization, or consortium before such funds are expended for
the purposes of the grant, compact, or annual funding agreement
so long as such funds are--
(1) invested by the Indian tribe, tribal
organization, or consortium only in obligations of the
United States, or in obligations or securities that are
guaranteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured
by an agency or instrumentality of the United States,
or are fully collateralized to ensure protection of the
funds, even in the event of a bank failure.
Sec. 112. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special Trustee
for American Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities, except that total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
Sec. 113. Notwithstanding any other provision of law, for
the purpose of reducing the backlog of Indian probate cases in
the Department of the Interior, the hearing requirements of
chapter 10 of title 25, United States Code, are deemed
satisfied by a proceeding conducted by an Indian probate judge,
appointed by the Secretary without regard to the provisions of
title 5, United States Code, governing the appointments in the
competitive service, for such period of time as the Secretary
determines necessary: Provided, That the basic pay of an Indian
probate judge so appointed may be fixed by the Secretary
without regard to the provisions of chapter 51, and subchapter
III of chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, except
that no such Indian probate judge may be paid at a level which
exceeds the maximum rate payable for the highest grade of the
General Schedule, including locality pay.
Sec. 114. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2005. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
Sec. 115. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2005 shall be
allocated among the schools proportionate to the unmet need of
the schools as determined by the Postsecondary Funding Formula
adopted by the Office of Indian Education Programs.
Sec. 116. (a) The Secretary of the Interior shall hereafter
take such action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas (as
described in section 123 of Public Law 106-291) are used only
in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the
use of the lands as a cemetery; and (2) as a burial ground.
Sec. 117. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 118. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or
seedlings, may hereafter be credited to the appropriation from
which funds were expended to acquire or grow the seeds or
seedlings and are available without fiscal year limitation.
Sec. 119. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon and
Hart National Wildlife Refuges for the purpose of capturing and
transporting horses and burros. The provisions of subsection
(a) of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not
be applicable to such use. Such use shall be in accordance with
humane procedures prescribed by the Secretary.
Sec. 120. (a) Limitation on Increases in Claims Maintenance
and Location Fees.--The fees established in 30 U.S.C. 28f and
28g shall be equal to the fees in effect immediately prior to
the rule of July 1, 2004 (69 Fed. Reg. 40,294) until the
Department of the Interior has complied with the obligations
established in subsections (b) and (c).
(b) Establishment of Permit Tracking System.--The
Department of the Interior shall establish a nationwide
tracking system to determine and address the length of time
from submission of a plan of operations to mine on public lands
to final approval of such submission.
(c) Report.--Within one year of enactment, the Department
shall file a detailed report with the House and Senate
Committees on Appropriations and the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate providing detailed information
on the length of timeit takes the Department to approve
proposed mining plans of operations and recommending steps to reduce
current delays.
Sec. 121. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah Valley
Battlefields National Historic District and Ice Age National
Scenic Trail may be used for a grant to a State, a local
government, or any other land management entity for the
acquisition of lands without regard to any restriction on the
use of Federal land acquisition funds provided through the Land
and Water Conservation Fund Act of 1965 as amended.
Sec. 122. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or
requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 123. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when such pedestrian use is consistent with
generally accepted safety standards.
Sec. 124. None of the funds in this or any other Act can be
used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United
States District Court for the District of Columbia in the
Cobell v. Norton litigation at an annual rate that exceeds 200
percent of the highest Senior Executive Service rate of pay for
the Washington-Baltimore locality pay area.
Sec. 125. The Secretary of the Interior may use
discretionary funds to pay private attorneys fees and costs for
employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Norton to the extent that such fees and costs are not paid by
the Department of Justice or by private insurance. In no case
shall the Secretary make payments under this section that would
result in payment of hourly fees in excess of the highest
hourly rate approved by the District Court for the District of
Columbia for counsel in Cobell v. Norton.
Sec. 126. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a system
of mass marking of salmonid stocks, intended for harvest, that
are released from Federally operated or Federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
Sec. 127. Such sums as may be necessary from ``Departmental
Management, Salaries and Expenses'', may be transferred to
``United States Fish and Wildlife Service, Resource
Management'' for operational needs at the Midway Atoll National
Wildlife Refuge airport.
Sec. 128. (a) In General.--Nothing in section 134 of the
Department of the Interior and Related Agencies Appropriations
Act, 2002 (115 Stat. 443) affects the decision of the United
States Court of Appeals for the 10th Circuit in Sac and Fox
Nation v. Norton, 240 F.3d 1250 (2001).
(b) Use of Certain Indian Land.--Nothing in this section
permits the conduct of gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) on land described in
section 123 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (114 Stat. 944), or land that
is contiguous to that land, regardless of whether the land or
contiguous land has been taken into trust by the Secretary of
the Interior.
Sec. 129. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study or
implement any plan to drain Lake Powell or to reduce the water
level of the lake below the range of water levels required for
the operation of the Glen Canyon Dam.
Sec. 130. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25
U.S.C. 2717(a)), the total amount of all fees imposed by the
National Indian Gaming Commission for fiscal year 2006 shall
not exceed $12,000,000.
Sec. 131. Notwithstanding any implementation of the
Department of the Interior's trust reorganization or
reengineering plans, or the implementation of the ``To Be''
Model, funds appropriated for fiscal year 2005 shall be
available to the tribes within the California Tribal Trust
Reform Consortium and to the Salt River Pima-Maricopa Indian
Community, the Confederated Salish and Kootenai Tribes of the
Flathead Reservation and the Chippewa Cree Tribe of the Rocky
Boys Reservation through the same methodology as funds were
distributed in fiscal year 2003. This Demonstration Project
shall continue to operate separate and apart from the
Department of the Interior's trust reform and reorganization
and the Department shall not impose its trust management
infrastructure upon or alter the existing trust resource
management systems of the above referenced tribes having a
self-governance compact and operating in accordance with the
Tribal Self-Governance Program set forth in 25 U.S.C. Sections
458aa-458hh: Provided, That the California Trust Reform
Consortium and any other participating tribe agree to carry out
their responsibilities under the same written and implemented
fiduciary standards as those being carried by the Secretary of
the Interior: Provided further, That they demonstrate to the
satisfaction of the Secretary that they have the capability to
do so: Provided further, That the Department shall provide
funds to the tribes in an amount equal to that required by 25
U.S.C. Section 458cc(g)(3), including funds specifically or
functionally related to the provision of trust services to the
tribes or their members.
Sec. 132. Notwithstanding any provision of law, including
42 U.S.C. 4321 et. seq., nonrenewable grazing permits
authorized in the Jarbidge Field Office, Bureau of Land
Management within the past 8 years, shall be renewed. The
Animal Unit Months contained in the most recently expired
nonrenewable grazing permit, authorized between March 1, 1997,
and February 28, 2003, shall continue in effect under the
renewed permit. Nothing in this section shall be deemed to
extend the nonrenewable permits beyond the standard 1-year
term.
Sec. 133. Pursuant to section 10101f(d)(3) of the Omnibus
Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the
following claims shall be given notice of defect and the
opportunity to cure: AKFF061472, AKFF085155-AKFF085156,
AKFF061632-AKFF061633, AKFF061636-AKFF061637, and AKFF084718.
Sec. 134. Section 702(b)(2) of Public Law 107-282 (116
Stat. 2013) is amended by striking ``that if the land'' and all
that follows through ``conveyed by the Foundation.'' and
inserting the following: ``that provides that (except in a case
in which the proceeds of a lease are provided to the Foundation
to carry out the purposes for which the Foundation was
established), if the land described in paragraph (3) is sold,
leased, or otherwise conveyed by the Foundation--''.
Sec. 135. Amendment of the Surface Mining Control and
Reclamation Act of 1977. (a) Section 402(b) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b))
is amended by striking ``September 30, 2004'' and inserting
``June 30, 2005''.
(b) Section 125 of Public Law 108-309 is hereby repealed.
Sec. 136. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis,Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and
other monetary consideration), or by exchange; and the Secretary is
authorized to negotiate and enter into leases, subleases, concession
contracts or other agreements for the use of such facilities on such
terms and conditions as the Secretary may determine reasonable.
Sec. 137. Ernest F. Hollings ACE Basin National Wildlife
Refuge. (a) Redesignation.--The ACE Basin National Wildlife
Refuge in the State of South Carolina shall be known and
designated as the ``Ernest F. Hollings ACE Basin National
Wildlife Refuge''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
refuge referred to in subsection (a) shall be deemed to be a
reference to the Ernest F. Hollings ACE Basin National Wildlife
Refuge.
Sec. 138. Financial Assistance; Flood Insurance. The
limitations on Federal expenditures or financial assistance in
section 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504)
and the limitations on flood insurance coverage in section
1321(a) of the National Flood Insurance Act of 1968 (42 U.S.C.
4028(a)) shall not apply to lots 15, 16, 25, and 29 within the
Jeremy Cay Subdivision on Edisto Island, South Carolina,
depicted on the reference map entitled ``John H. Chafee Coastal
Barrier Resources System Edisto Complex M09/M09P'' dated
January 24, 2003.
Sec. 139. (a) There is hereby released, without
consideration, all right, title, and interest of the United
States in and to the surface portion of that portion of the
existing building located at 615 North Burnett Road in Tipton,
California, which encroaches upon land that, subject to a
reversionary interest, was conveyed by the United States
pursuant to the Act of July 27, 1866 (14 Stat. 292). The United
States retains any subsurface mineral rights held by the United
States as of the date of the enactment of this Act associated
with that property. The Secretary of the Interior shall execute
and file in the appropriate office a deed of release, amended
deed, or other appropriate instrument effectuating the release
of interests made by this subsection.
(b) Section 314 of the National Parks and Recreation Act of
1978 (Public Law 95-625; 92 Stat. 3480) is amended--
(1) in subsection (c)(2), by striking ``Such rights
of use and occupancy shall be for not more than twenty-
five years or for a term ending at the death of the
owner or his or her spouse, whichever is later.''; and
(2) in subsection (d)(2)(B), by inserting ``and to
their heirs, successors, and assigns'' after ``those
persons who were lessees or permittees of record on the
date of enactment of this Act''.
(c)(1) The first section of Public Law 99-338 is amended by
striking ``one renewal'' and inserting ``3 renewals''.
(2) Section 3 of Public Law 99-338 is amended to read as
follows:
``Sec. 3. The permit shall contain the following
provisions:
``(1) A prohibition on expansion of the Kaweah
Project in Sequoia National Park.
``(2) A requirement that an independent safety
assessment of the Kaweah Project be conducted, and that
any deficiencies identified as a result of the
assessment would be corrected.
``(3) A requirement that the Secretary prepare and
submit to Congress an update of the July 1983 report on
the impact of the operations of the Kaweah No. 3
facility on Sequoia National Park.
``(4) A requirement that the permittee pay the park
compensation as determined by the Secretary in
consultation with the permittee.
``(5) Any other reasonable terms and conditions
that the Secretary of the Interior deems necessary and
proper for the management and care of Sequoia National
Park and the purposes for which it was established.''.
(3) Public Law 99-338 is further amended by adding at the
end the following new section:
``Sec. 4. The proceeds from any fees imposed pursuant to
a permit issued under this Act shall be retained by Sequoia
National Park and Kings Canyon National Park and shall be
available, without further appropriation, for resources
protection, maintenance, and other park operational needs.''.
Sec. 140. (a) Short Title. This section may be cited as the
``Gaylord A. Nelson Apostle Islands National Lakeshore
Wilderness Act''.
(b) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled
``Apostle Islands Lakeshore Wilderness'', numbered 633/
80,058 and dated September 17, 2004.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(3) High-water mark.--The term ``high-water mark''
means the point on the bank or shore up to which the
water, by its presence and action or flow, leaves a
distinct mark indicated by erosion, destruction of or
change in vegetation or other easily recognizable
characteristic.
(c) Designation of Apostle Islands National Lakeshore
Wilderness.--
(1) Designation.--Certain lands comprising
approximately 33,500 acres within the Apostle Islands
National Lakeshore, as generally depicted on the map
referred to in subsection (b), are hereby designated as
wilderness in accordance with section 3(c) of the
Wilderness Act (16 U.S.C. 1132), and therefore as
components of the National Wilderness Preservation
System.
(2) Map and description.--
(A) The map referred to in subsection (b)
shall be on file and available for public
inspection in the appropriate offices of the
National Park Service.
(B) As soon as practical after enactment of
this section, the Secretary shall submit a
description of the boundary of the wilderness
areas to the Committee on Energy and Natural
Resources of the Senate and the Committee on
Resources of the United States House of
Representatives.
(C) The map and description shall have the
same force and effect as if included in this
section, except that the Secretary may correct
clerical and typographical errors in the
description and maps.
(3) Boundary of the wilderness.--Any portion of
