[108th Congress Public Law 447]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ447.108]
[[Page 118 STAT. 2809]]
Public Law 108-447
108th Congress
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2005, and for
other purposes. <<NOTE: Dec. 8, 2004 - [H.R. 4818]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2005.>>
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
[[Page 118 STAT. 2810]]
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. <<NOTE: 1 USC 1 note.>>
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.
[[Page 118 STAT. 2811]]
DIVISION A-- <<NOTE: Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2005.>> 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
[[Page 118 STAT. 2812]]
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, <<NOTE: Notice.>> 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.
[[Page 118 STAT. 2813]]
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, <<NOTE: Deadline. Notification.>> 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 the coordination of information, work,
and programs authorized by Congress in the Department, $9,365,000:
Provided, That not to exceed $2,000,000 may be used for farmers'
bulletins.
[[Page 118 STAT. 2814]]
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
[[Page 118 STAT. 2815]]
or interests transferred out of Federal ownership, $1,110,887,000:
Provided, <<NOTE: 7 USC 2254.>> 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
[[Page 118 STAT. 2816]]
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.
[[Page 118 STAT. 2817]]
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 international science and education grants program
authorized under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $1,000,000; for grants programs authorized
under section 2(c)(1)(B) of Public Law 89-106, as amended, $750,000, to
remain available until September 30, 2006 for the critical issues
program, and $1,345,000 for the regional rural development centers
program; and $9,000,000 for the homeland security program authorized
under section 1484 of the National Agricultural Research, Extension, and
Teaching Act of 1977, to remain available until September 30, 2006.
[[Page 118 STAT. 2818]]
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
[[Page 118 STAT. 2819]]
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;
[[Page 118 STAT. 2820]]
(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,
[[Page 118 STAT. 2821]]
That <<NOTE: Notification.>> 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).
[[Page 118 STAT. 2822]]
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 of the 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, <<NOTE: Notification. Deadline.>> 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.
[[Page 118 STAT. 2823]]
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.
[[Page 118 STAT. 2824]]
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-
[[Page 118 STAT. 2825]]
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, <<NOTE: Contracts.>> 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.
[[Page 118 STAT. 2826]]
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
[[Page 118 STAT. 2827]]
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
[[Page 118 STAT. 2828]]
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,
[[Page 118 STAT. 2829]]
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 1
percent direct loan to the recipient: Provided further, That the
Secretary may defer the interest and principal payment to the Rural
Housing Service for up to 3 years and the term of such loans shall not
exceed 30 years: Provided further, That of the total amount
appropriated, $1,800,000 shall be available through June 30, 2005, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $34,118,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
[[Page 118 STAT. 2830]]
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).
[[Page 118 STAT. 2831]]
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''.
[[Page 118 STAT. 2832]]
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.
[[Page 118 STAT. 2833]]
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$595,000.
Food and Nutrition Service
Child Nutrition Programs
(including transfer of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$11,782,000,000, to remain available through September 30, 2006, of
which $6,629,038,000 is hereby appropriated and $5,152,962,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $5,235,000 shall be available for
independent verification of school food service claims.
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $5,277,250,000, to remain available through
September 30, 2006, of which $125,000,000 shall be placed in reserve, to
remain available until expended, to be allocated as the Secretary deems
necessary, notwithstanding section 17(i) of such Act, to support
participation should cost or participation exceed budget estimates:
Provided, That of the total amount 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.
[[Page 118 STAT. 2834]]
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
[[Page 118 STAT. 2835]]
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
[[Page 118 STAT. 2836]]
Act of 1985, $22,723,000, to remain available until expended:
Provided, <<NOTE: Notice.>> 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''.
McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $87,500,000, to remain available until expended: Provided, That the
Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
Salaries and Expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for 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
[[Page 118 STAT. 2837]]
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
[[Page 118 STAT. 2838]]
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. <<NOTE: 7 USC 2209b.>> 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,
[[Page 118 STAT. 2839]]
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
[[Page 118 STAT. 2840]]
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
[[Page 118 STAT. 2841]]
on Appropriations of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
(b) <<NOTE: Notification. Deadline.>> None of the funds provided by
this Act, or provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a 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) <<NOTE: Notification.>> 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
[[Page 118 STAT. 2842]]
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 inserting ``, plus the guarantee fee as
authorized by subsection (h)(7)'' after ``whichever is less'', in each
of paragraphs (i) and (ii).
Sec. 727. <<NOTE: State listing.>> 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 business and cooperative
development programs in the Rural Community Advancement Program
account relating to an application submitted to the
[[Page 118 STAT. 2843]]
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. <<NOTE: HIV/AIDS.>> 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
[[Page 118 STAT. 2844]]
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. <<NOTE: Firearms. 7 USC 2274a.>> 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
[[Page 118 STAT. 2845]]
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.
[[Page 118 STAT. 2846]]
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
[[Page 118 STAT. 2847]]
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. <<NOTE: 42 USC 1472 note.>> 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
[[Page 118 STAT. 2848]]
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. <<NOTE: Contracts.>> 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
[[Page 118 STAT. 2849]]
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.
[[Page 118 STAT. 2850]]
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--
[[Page 118 STAT. 2851]]
(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) <<NOTE: 42 USC 1758.>> 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 <<NOTE: 42 USC 1754 note.>> (Public Law 108-265) is
amended--
(1) in paragraph (2), by striking ``203(e)(5),''; and
(2) in paragraph (4), by striking ``104'' and inserting
``104 (other than section 104(a)(1))''.
Sec. 789. Section 104 of chapter 1 of the Emergency Supplemental
Appropriations for Hurricane Disasters Assistance Act, 2005, <<NOTE: 15
USC 720b.>> 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
[[Page 118 STAT. 2852]]
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,'' the following:
``(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 <<NOTE: 16 USC 3838q.>> of the Food Security
Act of 1985 is amended--
(1) in subsection (a), by striking ``permit'' and inserting
``transfer title of ownership to an easement under this
subchapter to''; and
(2) 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''.
[[Page 118 STAT. 2853]]
DIVISION B-- <<NOTE: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2005.>> DEPARTMENTS
OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
TITLE <<NOTE: Department of Justice Appropriations Act, 2005.>> 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
[[Page 118 STAT. 2854]]
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 <<NOTE: Deadline.>> 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 any other provision of law, upon a
determination by the Attorney General that emergent circumstances
require additional
[[Page 118 STAT. 2855]]
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.
[[Page 118 STAT. 2856]]
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
[[Page 118 STAT. 2857]]
automated information network to store and retrieve the identities and
locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,664,000: Provided, That notwithstanding any other provision of law,
upon a determination by the Attorney General that emergent circumstances
require additional funding for conflict resolution and violence
prevention activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$21,759,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
payment to radiation exposure compensation trust fund
In addition to amounts appropriated by subsection 3(e) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note), $27,800,000
for payment to the Radiation Exposure Compensation Trust Fund, to remain
available until expended.
Interagency Law Enforcement
interagency Crime and Drug Enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not 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
[[Page 118 STAT. 2858]]
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.
[[Page 118 STAT. 2859]]
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, <<NOTE: 18 USC 923 note.>> 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
[[Page 118 STAT. 2860]]
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 motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$4,627,696,000: Provided, <<NOTE: 42 USC 250a.>> 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
[[Page 118 STAT. 2861]]
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'');
[[Page 118 STAT. 2862]]
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: <<NOTE: Deadline.>> 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.
[[Page 118 STAT. 2863]]
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;
[[Page 118 STAT. 2864]]
(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
[[Page 118 STAT. 2865]]
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.);
[[Page 118 STAT. 2866]]
(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.
[[Page 118 STAT. 2867]]
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.
[[Page 118 STAT. 2868]]
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. <<NOTE: 5 USC 3104 note.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Applicability.>> 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'. <<NOTE: Termination date.>> 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) <<NOTE: Applicability.>> 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'. <<NOTE: Termination date.>> 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
[[Page 118 STAT. 2869]]
``(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:
[[Page 118 STAT. 2870]]
``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. <<NOTE: 28 USC 533 note.>> 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. <<NOTE: 31 USC 1344 and note.>> 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''. <<NOTE: Effective date.>> This amendment shall take effect
as if enacted on January 1, 2004.
Sec. 118. <<NOTE: Deadline.>> 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).
[[Page 118 STAT. 2871]]
Sec. 123. The Prison Rape Elimination Act of 2003 is amended--
(1) in section <<NOTE: 42 USC 15606.>> 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. <<NOTE: President. Medals. 31 USC 5111 note.>> (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) <<NOTE: Certification. Deadline.>> 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) <<NOTE: Procedures.>> 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.
[[Page 118 STAT. 2872]]
Sec. 125. <<NOTE: Real property.>> (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. <<NOTE: Establishment. 28 USC 501 note.>> 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-- <<NOTE: Department of Commerce and Related Agencies
Appropriations Act, 2005.>> 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, <<NOTE: Establishment. Government organization. 19 USC 2171
note.>> 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 <<NOTE: 15 USC 1128 note. Government organization.>> there shall be
at the head of the National Intellectual Property Law Enforcement
Coordination Council a Coordinator for International Intellectual
Property <<NOTE: President.>> 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
[[Page 118 STAT. 2873]]
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
[[Page 118 STAT. 2874]]
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
[[Page 118 STAT. 2875]]
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,
[[Page 118 STAT. 2876]]
$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 <<NOTE: Reports.>> 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, <<NOTE: 13 USC 5 note.>> 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,
[[Page 118 STAT. 2877]]
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
[[Page 118 STAT. 2878]]
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
striking ``Technology Administration of'' after ``within the'': Provided
further, That $200,000 is for the World Congress on Information
Technology.
National Institute of Standards and Technology
Scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $383,892,000, to remain available until expended, of which
not to exceed $2,900,000 may be transferred to the ``Working Capital
Fund''.
[[Page 118 STAT. 2879]]
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, <<NOTE: 15 USC 278k
note.>> 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
[[Page 118 STAT. 2880]]
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
[[Page 118 STAT. 2881]]
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, <<NOTE: 15 USC 1513a.>> That beginning in fiscal year 2006 and
for each fiscal year thereafter, the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31, 10
United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition and construction
program having a total multiyear program cost of more than $5,000,000
and simultaneously the budget justification materials shall include an
estimate of the budgetary requirements for each such program for each of
the 5 subsequent fiscal years.
Pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $90,000,000: Provided, That section 628(2)(A) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2001 (16 U.S.C. 3645) is amended--
(1) by striking ``2000, 2001, 2002, and 2003'' and inserting
``2005'', and
(2) by inserting ``Idaho,'' after ``Oregon,''.
Coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 shall
be transferred to the ``Operations, Research, and Facilities'' account
to offset the costs of implementing such Act.
Fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $499,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
Fisheries finance program account
For the costs of direct loans, $287,000, as authorized by the
Merchant Marine Act of 1936: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in the Federal Credit
Reform Act of 1990: Provided further, That these funds are only
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $5,000,000 for Individual Fishing Quota
loans, and not to exceed $59,000,000 for traditional direct loans, of
which $40,000,000 may be used for direct loans to the United States
distant water tuna fleet, and of which $19,000,000 may be used for
direct loans to the United States menhaden fishery: Provided further,
That none of the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
[[Page 118 STAT. 2882]]
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, <<NOTE: Notification. Deadline.>> 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
[[Page 118 STAT. 2883]]
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. <<NOTE: 13 USC 23 note.>> 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. <<NOTE: South Carolina. Laboratories. Research and
development.>> (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. 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
[[Page 118 STAT. 2884]]
arrangements with Federal, State, private entities, and other entities,
domestic and foreign, to further the mission of the Laboratory. Any
funds collected from such fees or arrangements shall be used to support
cooperative research, basic operations, and facilities enhancement at
the Laboratory.
Sec. 208. Funds made available for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee Program in
section 211(b) of Public Law 108-199 shall remain available until
expended.
Sec. 209. A fishing capacity <<NOTE: Alaska. Salmon.>> 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. 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 1 year shall not exceed 2
percent of the total value of salmon landed in the fishery and such
repayment shall begin with salmon landed after January 1, 2006.
Sec. 210. Section 653(a) of Public Law 106-58 <<NOTE: 15 USC
1128.>> is amended by inserting the following: ``(7) The Coordinator for
International Intellectual Property Enforcement.'' after ``Under
Secretary of Commerce for International Trade.''.
Sec. 211. <<NOTE: Contracts.>> 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 <<NOTE: 16 USC 1165
note.>> is amended by striking ``and 2005'' and inserting ``2005, 2006,
and 2007''.
Sec. 213. <<NOTE: Hawaii. 16 USC 1379 note.>> 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. <<NOTE: 15 USC 1542.>> 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.
[[Page 118 STAT. 2885]]
(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;
(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 1 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
[[Page 118 STAT. 2886]]
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 <<NOTE: 116 Stat.
3102.>> 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. 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 <<NOTE: Loans. Fisheries. Deadline.>> shall set the loan term
at 35 years and repayment shall begin within 1 year of final
implementation of the program. In addition to the authority of the Gulf
of Mexico Regional Fishery Management Council to develop and recommend
conservation and management measures for the Gulf of Mexico reef fish
fishery, the Secretary of Commerce is authorized to develop and
implement a limited access program pursuant to the standards set forth
in section 303(b)(6) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853(b)(6)).
Sec. 219. (a) Definitions.--In this section:
(1) AFA trawl catcher processor subsector.--The term ``AFA
trawl catcher processor subsector'' means the owners of each
catcher/processor listed in paragraphs (1) through (20) of
section 208(e) of the American Fisheries Act (16 U.S.C. 1851
note).
(2) BSAI.--The term ``BSAI'' has the meaning given the term
``Bering Sea and Aleutian Islands Management Area'' in section
679.2 of title 50, Code of Federal Regulations (or successor
regulation).
(3) Catcher processor subsector.--The term ``catcher
processor subsector'' means, as appropriate, one of the
following:
(A) The longline catcher processor subsector.
(B) The AFA trawl catcher processor subsector.
(C) The non-AFA trawl catcher processor subsector.
(D) The pot catcher processor subsector.
(4) Council.--The term ``Council'' means the North Pacific
Fishery Management Council established in section 302(a)(1)(G)
[[Page 118 STAT. 2887]]
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.
[[Page 118 STAT. 2888]]
(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
[[Page 118 STAT. 2889]]
(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 system
contained 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) <<NOTE: Deadline. Federal
Register, publication.>> 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)--
[[Page 118 STAT. 2890]]
(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.
[[Page 118 STAT. 2891]]
(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 <<NOTE: Judiciary Appropriations Act, 2005.>>
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.
[[Page 118 STAT. 2892]]
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
[[Page 118 STAT. 2893]]
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
[[Page 118 STAT. 2894]]
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. <<NOTE: Deadline. Financial plan.>> 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,
[[Page 118 STAT. 2895]]
fee collections, and carryover balances, to include a separate and
detailed plan for the Judiciary Information Technology fund.
Sec. 306. <<NOTE: 28 USC 461 note.>> Pursuant to section 140 of
Public Law 97-92, and from funds appropriated in this Act, Justices and
judges of the United States are authorized during fiscal year 2005, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 307. (a) Section 1914(a) of title 28, United States Code, is
amended by striking ``$150'' and inserting ``$250''.
(b) Section 1931(a) of title 28, United States Code, is amended--
(1) in subsection (a) by striking ``$90'' and inserting
``$190''; and
(2) in subsection (b)--
(A) by striking ``$150'' and inserting ``$250''; and
(B) by striking ``$90'' and inserting ``$190''.
(c) <<NOTE: Effective date. 28 USC 1914 note.>> This section shall
take effect 60 days after the date of the enactment of this Act.
Sec. 308. <<NOTE: 28 USC 331 note.>> 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 <<NOTE: Department of State and Related Agency
Appropriations Act, 2005.>> 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
[[Page 118 STAT. 2896]]
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, <<NOTE: Deadline. Notification.>> 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, <<NOTE: Government organization. Deadline.>> 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 <<NOTE: 8 USC 1714.>> 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:
[[Page 118 STAT. 2897]]
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, <<NOTE: Federal
buildings and facilities.>> 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.
[[Page 118 STAT. 2898]]
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, <<NOTE: Sierra Leone. Deadline.>> 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 <<NOTE: 22 USC 269a note.>> 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, <<NOTE: Notification. Deadline.>> 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
[[Page 118 STAT. 2899]]
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,
<<NOTE: Deadline.>> 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 <<NOTE: 22 USC 269a note.>> 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:
[[Page 118 STAT. 2900]]
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
[[Page 118 STAT. 2901]]
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
[[Page 118 STAT. 2902]]
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 <<NOTE: Reports.>> 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
[[Page 118 STAT. 2903]]
(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) <<NOTE: Deadline. Plan. Terrorism.>> 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.
[[Page 118 STAT. 2904]]
Sec. 407. <<NOTE: Deadline.>> 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. <<NOTE: Establishment. 22 USC 2651a note.>> 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) <<NOTE: 22 USC 3927a.>> 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) <<NOTE: Deadline. Reports.>> Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the Secretary of
State shall submit a report on such reviews that occurred during the
previous 12 months, together with the Secretary's recommendations
regarding such reviews to the appropriate committees of Congress, the
heads of all affected departments or agencies, and the Inspector General
of the Department of State.
[[Page 118 STAT. 2905]]
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. <<NOTE: 22 USC 287e note.>> 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 <<NOTE: President.>> 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 <<NOTE: Wages. Government
employees.>> 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''.
[[Page 118 STAT. 2906]]
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.
[[Page 118 STAT. 2907]]
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.
[[Page 118 STAT. 2908]]
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.
[[Page 118 STAT. 2909]]
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.
[[Page 118 STAT. 2910]]
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 <<NOTE: Deadlines. Reports. Investments.>> 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 <<NOTE: Deadline.>> 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,
[[Page 118 STAT. 2911]]
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.
[[Page 118 STAT. 2912]]
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 <<NOTE: Reports. Deadline.>> United Nations: Provided further,
That
[[Page 118 STAT. 2913]]
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. <<NOTE: Contracts. Public information.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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
[[Page 118 STAT. 2914]]
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. <<NOTE: Religious harassment.>> 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. <<NOTE: Records.>> 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.
[[Page 118 STAT. 2915]]
(b) <<NOTE: Applicability.>> The requirements in subparagraphs (A)
and (B) of section 609 of that Act shall continue to apply during fiscal
year 2005.
Sec. 612. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or 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) <<NOTE: Applicability.>> The requirements in subsections (b) and
(c) of section 616 of that Act shall continue to apply during fiscal
year 2005.
Sec. 615. <<NOTE: Firearms.>> 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. <<NOTE: 42 USC 10601 note.>> 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. <<NOTE: Non- discrimination.>> 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
[[Page 118 STAT. 2916]]
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
[[Page 118 STAT. 2917]]
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
[[Page 118 STAT. 2918]]
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, New
York, and to implement improvements.
(b) Section 621 of division B of Public Law 108-199 <<NOTE: Ante, p.
96.>> 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;'',
[[Page 118 STAT. 2919]]
(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. <<NOTE: Alaska.>> 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. <<NOTE: Deadline. Certification. 5 USC 6120 note.>> 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 <<NOTE: Reports.>> 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
[[Page 118 STAT. 2920]]
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. <<NOTE: United Nations.>> 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) <<NOTE: Deadline. Reports.>> 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. <<NOTE: 22 USC 4865 note.>> 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,
[[Page 118 STAT. 2921]]
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.
[[Page 118 STAT. 2922]]
``(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) <<NOTE: Applicability.>> 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
[[Page 118 STAT. 2923]]
(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.
[[Page 118 STAT. 2924]]
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. <<NOTE: 35 USC 41 note.>>
(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;
[[Page 118 STAT. 2925]]
``(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.
<<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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,
[[Page 118 STAT. 2926]]
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 Office on or before the date the fee
is due or within a grace period of 6 months thereafter, the patent will
expire as of the end of such grace period. The Director may require the
payment of a surcharge as a condition of accepting within such 6-month
grace period the payment of an applicable maintenance fee. No fee may be
established for maintaining a design or plant patent in force.''.
(c) Patent Search Fees.--During fiscal years 2005 and 2006,
subsection (d) of section 41 of title 35, United States Code, shall be
administered as though that subsection reads as follows:
``(d) Patent Search and Other Fees.--
``(1) Patent search fees.--
``(A) The Director shall charge a fee for the search
of each application for a patent, except for provisional
applications. The Director shall establish the fees
charged under this paragraph to recover an amount not to
exceed the estimated average cost to the Office of
searching applications for patent either by acquiring a
search report from a qualified search authority, or by
causing a search by Office personnel to be made, of each
application for patent. For the 3-year period beginning
on the date of enactment of this Act, the fee for a
search by a qualified search authority of a patent
application described in clause (i), (iv), or (v) of
subparagraph (B) may not exceed $500, of a patent
application described in clause (ii) of 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;
[[Page 118 STAT. 2927]]
``(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;
[[Page 118 STAT. 2928]]
``(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--
[[Page 118 STAT. 2929]]
(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. <<NOTE: 35 USC 41 note.>>
(a) Fee For Filing Application.--During fiscal years 2005 and 2006,
under such conditions as may be prescribed by the Director, the fee
under section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a))
for: (1) the filing of a paper application for the registration of a
trademark shall be $375; (2) the filing of an electronic application
shall be $325; and (3) the filing of an electronic application meeting
certain additional requirements prescribed by the Director shall be
$275. <<NOTE: Applicability.>> 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. <<NOTE: 35 USC 41 note.>> 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
[[Page 118 STAT. 2930]]
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. <<NOTE: 35 USC 41 note.>>
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-- <<NOTE: Oceans and Human Health Act.>> OCEANS AND HUMAN
HEALTH ACT
SEC. 901. SHORT TITLE. <<NOTE: 33 USC 3101 note.>>
This title may be cited as the ``Oceans and Human Health Act''.
SEC. 902. <<NOTE: 33 USC 3101 note.>> INTERAGENCY OCEANS AND HUMAN
HEALTH RESEARCH PROGRAM.
(a) <<NOTE: President.>> 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.
[[Page 118 STAT. 2931]]
(b) <<NOTE: Deadline.>> 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 preventive 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;
[[Page 118 STAT. 2932]]
(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.
[[Page 118 STAT. 2933]]
SEC. 903. <<NOTE: 33 USC 3102.>> 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
[[Page 118 STAT. 2934]]
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. <<NOTE: 33 USC 3103.>>
(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. <<NOTE: 33 USC 3104.>>
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''.
[[Page 118 STAT. 2935]]
DIVISION C-- <<NOTE: Energy and Water Development Appropriations Act,
2005.>> 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);
[[Page 118 STAT. 2936]]
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
[[Page 118 STAT. 2937]]
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
[[Page 118 STAT. 2938]]
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 to undertake 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, <<NOTE: Reports. Deadline.>> That a report
on the results of the demonstration project shall be provided within 1
year of the date of enactment of this Act.
Flood Control, Mississippi River and Tributaries, Arkansas, 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
[[Page 118 STAT. 2939]]
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
[[Page 118 STAT. 2940]]
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
[[Page 118 STAT. 2941]]
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. <<NOTE: Applicability. 33 USC 2221.>> 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
[[Page 118 STAT. 2942]]
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 United States Bureau of
Reclamation dam in Tahoe City, California.
(b) Establishment of Program.--The Secretary may establish a program
for providing environmental assistance to non-Federal interests in Lake
Tahoe Basin.
(c) Form of Assistance.--Assistance under this section may be in the
form of planning, design, and construction assistance for water-related
environmental infrastructure and resource 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:
[[Page 118 STAT. 2943]]
(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. <<NOTE: Contracts. California.>> 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.
[[Page 118 STAT. 2944]]
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. <<NOTE: Deadline. Reports.>> 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. <<NOTE: Deadline. Reports.>> 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
[[Page 118 STAT. 2945]]
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
[[Page 118 STAT. 2946]]
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
[[Page 118 STAT. 2947]]
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
[[Page 118 STAT. 2948]]
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.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles, of which 11 are
for replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality standards of the
State of California as approved by the 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. <<NOTE: New Mexico.>> 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. <<NOTE: 43 USC 1543 note.>> 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,
[[Page 118 STAT. 2949]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> This section applies only to those
Federal agencies and non-Federal actions addressed in the March 17, 2003
Biological Opinion.
(d) <<NOTE: Termination date.>> Subsection (b) will remain in effect
until March 16, 2013.
Sec. 206. <<NOTE: Grants. Contracts.>> 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,
[[Page 118 STAT. 2950]]
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.
[[Page 118 STAT. 2951]]
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
[[Page 118 STAT. 2952]]
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, <<NOTE: Deadline. Certification.>> 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, <<NOTE: Lobbying.>> 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
[[Page 118 STAT. 2953]]
of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such
increases in cost of work are offset by revenue increases of the same or
greater amount, to remain available until expended: Provided further,
That moneys received by the Department for miscellaneous revenues
estimated to total $122,000,000 in fiscal year 2005 may be retained and
used for operating expenses within this account, and may remain
available until expended, as 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
[[Page 118 STAT. 2954]]
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.
[[Page 118 STAT. 2955]]
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
[[Page 118 STAT. 2956]]
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; <<NOTE: 16
USC 825s-4.>> 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.
[[Page 118 STAT. 2957]]
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 <<NOTE: 42 USC 7171
note.>> 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. <<NOTE: Federal Register,
publication. Notification.>> (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 2 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
[[Page 118 STAT. 2958]]
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. <<NOTE: Deadline. Reports.>> 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
[[Page 118 STAT. 2959]]
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. <<NOTE: 50 USC 2812 note.>> The Administrator of the
National Nuclear Security Administration may authorize the manager of a
covered nuclear weapons research, development, testing or production
facility to engage in research, development, and demonstration
activities with respect to the engineering and manufacturing
capabilities at such facility in order to maintain and enhance such
capabilities at such facility: Provided, That of the amount allocated to
a covered nuclear weapons facility each fiscal year from amounts
available to the Department of Energy for such fiscal year for national
security programs, not more than an amount equal to 2 percent of such
amount may be used for these activities: Provided further, That for
purposes of this section, the term ``covered nuclear weapons facility''
means the following:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Y-12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
(5) The Nevada Test Site.
Sec. 309. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2005 until the enactment of the Intelligence
Authorization Act for fiscal year 2005.
Sec. 310. (a) The Secretary of Energy was directed to file a permit
modification to the Waste Analysis Plan (WAP) and 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
[[Page 118 STAT. 2960]]
to achieve its small business contracting goals set forth in subsection
(g) of the Small Business Act, 15 U.S.C. 644(g): Provided, That, none of
the funds appropriated by this Act may be used by the Department of
Energy for procurement actions resulting from the break-out of
requirements from current facility management and operating contracts
unless, consistent with requirements of Subpart 19.4 of the Federal
Acquisition Regulation, the Secretary of Energy or his duly authorized
designee formally requests, considers, and renders an appropriate
decision on the views of the Small Business Administration Breakout
Procurement Center Representative or the Representative's duly
authorized designee concerning cost effectiveness, mission performance,
security, safety, small business participation, and other legitimate
acquisition objectives of procurement actions at
issue. <<NOTE: Deadline. Reports.>> No later than April 1, 2005, the
Secretary of Energy shall submit a report to the Comptroller General and
to Congress discussing the Secretary's plans required by section 15(h)
of the Small Business Act, 15 U.S.C. 644(h), for meeting the
Department's statutory small business contracting goals while taking
into account other legitimate acquisition objectives. In 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
[[Page 118 STAT. 2961]]
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
[[Page 118 STAT. 2962]]
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.
[[Page 118 STAT. 2963]]
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 ``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. <<NOTE: 16 USC 831a.>> 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--
[[Page 118 STAT. 2964]]
``(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;
[[Page 118 STAT. 2965]]
``(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.--
[[Page 118 STAT. 2966]]
``(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:
[[Page 118 STAT. 2967]]
``(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. <<NOTE: 16 USC 831a
note.>>
(a) Appointments. <<NOTE: President.>> --
(1) In general.--As soon as practicable after the date of
enactment of this Act, the President shall submit to the Senate
nominations of six persons to serve as members of the Board of
Directors of the Tennessee Valley Authority in addition to the
members serving on the date of enactment of this Act.
(2) Initial terms.--Notwithstanding section 2(d) of the
Tennessee Valley Authority Act of 1933 (as amended by this
title), in making the appointments under paragraph (1), the
President shall appoint--
(A) two members for a term to expire on May 18,
2007;
(B) two members for a term to expire on May 18,
2009; and
(C) two members for a term to expire on May 18,
2011.
(b) Effective Date.--The amendments made by this title take effect
on the later of--
(1) the date on which at least three persons nominated under
subsection (a) take office; or
(2) May 18, 2005.
(c) <<NOTE: Deadline.>> Selection of Chairman.--The Board of
Directors of the Tennessee Valley Authority shall select one of the
members to act as chairman of the Board not later than 30 days after the
effective date specified in subsection (b).
(d) Conflict-of-Interest Policy.--The Board of Directors of the
Tennessee Valley Authority shall adopt and submit to Congress a
conflict-of-interest policy, as required by section 2(g)(1)(E) of the
Tennessee Valley Authority Act of 1933 (as amended by this title), as
soon as practicable after the effective date specified in subsection
(b).
(e) Transition.--A person who is serving as a member of the board of
directors of the Tennessee Valley Authority on the date of enactment of
this Act--
(1) shall continue to serve until the end of the current
term of the member; but
(2) after the effective date specified in subsection (b),
shall serve under the terms of the Tennessee Valley Authority
Act of 1933 (as amended by this title).
This division may be cited as the ``Energy and Water Development
Appropriations Act, 2005''.
[[Page 118 STAT. 2968]]
DIVISION D-- <<NOTE: Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2005.>> FOREIGN OPERATIONS, EXPORT
FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2005
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
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 <<NOTE: 12 USC 635 note.>> Act, that has
detonated a nuclear explosive after the date of the enactment of this
Act: Provided further, <<NOTE: Termination date.>> 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, <<NOTE: Deadline. Reports.>> 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)).
[[Page 118 STAT. 2969]]
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, <<NOTE: Termination date. 12 USC 635a note.>> 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
[[Page 118 STAT. 2970]]
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, <<NOTE: Immunization. HIV/AIDS.>> 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
[[Page 118 STAT. 2971]]
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 <<NOTE: Abortion.>> 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
[[Page 118 STAT. 2972]]
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and
(5) <<NOTE: Deadline. Reports.>> 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 <<NOTE: Non- discrimination.>> 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
[[Page 118 STAT. 2973]]
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, <<NOTE: Reports. Deadline.>> 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
[[Page 118 STAT. 2974]]
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 out
part I of such Act and under the heading ``Assistance for Eastern Europe
and the Baltic States'': Provided, That such funds shall not exceed
$21,000,000, which shall be made available only for micro and small
enterprise programs, urban 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, <<NOTE: Applicability.>> 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 <<NOTE: Reports. Deadline.>> none of the funds appropriated under
this heading
[[Page 118 STAT. 2975]]
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, <<NOTE: Deadline.>> 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
[[Page 118 STAT. 2976]]
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, <<NOTE: President.>> 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, bicommunal projects, and measures aimed at reunification of the
island and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus: Provided further, That
$35,000,000 of the funds 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
[[Page 118 STAT. 2977]]
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) <<NOTE: Applicability.>> 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
[[Page 118 STAT. 2978]]
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, <<NOTE: Applicability.>> 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) <<NOTE: President. Certification.>> Of the funds appropriated
under this heading that are allocated for assistance for the Government
of the 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.
[[Page 118 STAT. 2979]]
(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, <<NOTE: Reports.>> 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
[[Page 118 STAT. 2980]]
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, <<NOTE: Reports.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: Effective date.>> 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.
[[Page 118 STAT. 2981]]
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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: President.>> That the President shall ensure that if
any helicopter procured with funds under this heading is used to aid or
abet the operations
[[Page 118 STAT. 2982]]
of any illegal self-defense group or illegal security cooperative, such
helicopter shall be immediately returned to the United States: Provided
further, <<NOTE: Certification. Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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
[[Page 118 STAT. 2983]]
be made available for such purposes unless programs are being
implemented by the United States Agency for International Development,
the Government of Colombia, or other organizations, in consultation with
local communities, to provide alternative sources of income in areas
where security permits for small-acreage growers whose illicit crops are
targeted for fumigation: Provided further, That of the funds
appropriated under this heading, $2,000,000 should be made available
through nongovernmental organizations for programs to protect
biodiversity and indigenous reserves in Colombia: Provided further, That
funds appropriated by this Act may be used for aerial fumigation in
Colombia's national parks or reserves only if the Secretary of State
determines that it is in accordance with Colombian laws and that there
are no effective alternatives to reduce drug cultivation in these areas:
Provided further, That section 482(b) of the Foreign Assistance Act of
1961 shall not apply to funds appropriated under this heading: Provided
further, That assistance provided with funds appropriated under this
heading that is made available 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 <<NOTE: Reports. Israel.>> funds appropriated under this heading
may be made
[[Page 118 STAT. 2984]]
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
[[Page 118 STAT. 2985]]
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
paid to the HIPC Trust Fund may be used only to fund debt reduction
under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has credible
evidence that the government of such country is engaged in a consistent
pattern of gross violations of internationally recognized human rights
or in military or civil conflict that undermines its ability to develop
and implement measures to alleviate poverty
[[Page 118 STAT. 2986]]
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, <<NOTE: Deadline.>> 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, <<NOTE: Notification.>> 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
[[Page 118 STAT. 2987]]
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, <<NOTE: Deadline.>> 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
[[Page 118 STAT. 2988]]
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, <<NOTE: Deadline.>> 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.
[[Page 118 STAT. 2989]]
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
[[Page 118 STAT. 2990]]
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.
[[Page 118 STAT. 2991]]
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) <<NOTE: Certification. Reports.>> 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
[[Page 118 STAT. 2992]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Rules. Regulations. Taxes.>> 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
[[Page 118 STAT. 2993]]
military coup: Provided, <<NOTE: President. Certification.>> 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) <<NOTE: President. Deadline.>> Transfers Between Accounts.--None
of the funds made available by this Act may be obligated under an
appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President,
not less than 5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees on
Appropriations of the House of Representatives and the Senate.
(c) Audit of Inter-Agency Transfers.--Any agreement for the transfer
or allocation of funds appropriated by this Act, or prior Acts, entered
into between the United States Agency for International Development and
another agency of the United States Government under the authority of
section 632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Office of the
Inspector General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits of the
use of such funds: Provided, That funds transferred under such authority
may be made available for the cost of such audits.
commercial leasing of defense articles
Sec. 510. Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act may be
used to provide financing to Israel, Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian application), if
the President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
[[Page 118 STAT. 2994]]
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 4 years from
the date on which the availability of such funds would otherwise have
expired, if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 which are allocated
or obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
until expended.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to the government of any country which is
in default during a period in excess of 1 calendar year in payment to
the United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a program
for which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the national
interest of the United States.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding 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
[[Page 118 STAT. 2995]]
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. <<NOTE: 22 USC 262h note.>> 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
[[Page 118 STAT. 2996]]
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, <<NOTE: Deadline.>> 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) <<NOTE: 22 USC 5814 note.>> 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
[[Page 118 STAT. 2997]]
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 ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family 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.
[[Page 118 STAT. 2998]]
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. <<NOTE: Reports. Deadline.>> 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, <<NOTE: HIV/AIDS.>> 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
[[Page 118 STAT. 2999]]
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 <<NOTE: Human rights.>> 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 excess defense 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;
[[Page 118 STAT. 3000]]
(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) <<NOTE: 22 USC 7612a.>> 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
[[Page 118 STAT. 3001]]
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) <<NOTE: Reports.>> 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
[[Page 118 STAT. 3002]]
``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 by this 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, <<NOTE: Reports. Deadline.>> 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. <<NOTE: President. Federal
Register, publication. Deadline.>> 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
[[Page 118 STAT. 3003]]
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) <<NOTE: 22 USC 2362 note.>> 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.
[[Page 118 STAT. 3004]]
(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) <<NOTE: President.>> 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) <<NOTE: 50 USC 1701 note.>> 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
[[Page 118 STAT. 3005]]
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) <<NOTE: President.>> 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. <<NOTE: Reports.>> 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,
[[Page 118 STAT. 3006]]
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
[[Page 118 STAT. 3007]]
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) <<NOTE: 22 USC 7831.>> 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), <<NOTE: Regulations.>> 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) <<NOTE: Effective date. 8 USC 1255 note.>> 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.
[[Page 118 STAT. 3008]]
(n) Extension of Authority.--Public Law 107-57, as amended, is
further amended--
(1) in section 1(b) <<NOTE: 115 Stat. 403.>> by striking
``2004'' wherever appearing (including in the caption), and
inserting ``2005'';
(2) in section 3(2), <<NOTE: 115 Stat. 404.>> by striking
``and 2004'' and inserting ``2004 and 2005''; and
(3) in section 6, <<NOTE: 115 Stat. 405.>> by striking
``2004'' and inserting ``2005''.
(o) Endowments.--
(1) Of the funds appropriated by this Act and prior Acts
making appropriations for foreign operations, export financing,
and related programs, that are available for assistance for
Cambodia, the following amounts should be made available as
follows:
(A) $2,000,000 for an endowment for a Cambodian
nongovernmental organization to document genocide and
crimes against humanity in Cambodia; and
(B) $3,750,000 for an endowment for an American
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) <<NOTE: 22 USC 7702.>> 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;
[[Page 118 STAT. 3009]]
(3) the three Arab League countries with diplomatic and
trade relations with Israel should return their ambassadors to
Israel, should refrain from downgrading their relations with
Israel, and should play a constructive role in securing a
peaceful resolution of the Israeli-Arab conflict;
(4) the remaining Arab League states should normalize
relations with their neighbor Israel;
(5) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(6) <<NOTE: President. Reports.>> 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, <<NOTE: President. Notification.>> 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
[[Page 118 STAT. 3010]]
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.
[[Page 118 STAT. 3011]]
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. <<NOTE: Termination date.>> The prohibition under this section with
respect to a foreign government shall terminate 12 months after that
government ceases to provide such military
equipment. <<NOTE: Applicability.>> 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) <<NOTE: President. Reports.>> 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. <<NOTE: Certification.>> (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.
[[Page 118 STAT. 3012]]
(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) <<NOTE: Deadline. Reports.>> 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
[[Page 118 STAT. 3013]]
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.
[[Page 118 STAT. 3014]]
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) <<NOTE: President. Certification.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: President.>> 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.
[[Page 118 STAT. 3015]]
limitation on assistance to security forces
Sec. 551. None of the <<NOTE: Human rights.>> 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.
[[Page 118 STAT. 3016]]
(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) <<NOTE: Deadline.>> Funds appropriated by this Act to carry out
provisions of section 541 of the Foreign Assistance Act of 1961 may be
made available notwithstanding subsection (b) only if at least 15 days
prior to the obligation of such funds, the Secretary of State provides
to the Committees on Appropriations a list of those individuals who have
been credibly alleged to have ordered or carried out extra-judicial and
political killings that occurred during the March 1997 grenade attack
against the Khmer Nation Party.
(e) None of the funds appropriated or otherwise made available by
this Act may be used to provide assistance to any tribunal established
by the Government of Cambodia unless the Secretary of State determines
and reports to the Committees on 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
[[Page 118 STAT. 3017]]
(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
[[Page 118 STAT. 3018]]
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) <<NOTE: Deadlines. Termination date.>> 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) <<NOTE: Certification.>> 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
[[Page 118 STAT. 3019]]
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
west bank and gaza program
Sec. 559. <<NOTE: Deadline. Certification.>> (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. <<NOTE: Procedures.>> 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
[[Page 118 STAT. 3020]]
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, <<NOTE: Family
planning.>> 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) <<NOTE: Applicability.>> 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
[[Page 118 STAT. 3021]]
(2) are acting consistently with the Dayton Accords.
(c) <<NOTE: Deadline. Justification.>> 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).
[[Page 118 STAT. 3022]]
(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) <<NOTE: President. Certification.>> 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. <<NOTE: 22 USC 2151 note.>> (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
[[Page 118 STAT. 3023]]
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
[[Page 118 STAT. 3024]]
(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) <<NOTE: President.>> 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) <<NOTE: Notification.>> 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.
[[Page 118 STAT. 3025]]
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 subsection (c):
(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106-570) or any other
provision of law, none of the funds appropriated by this Act may
be made available for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and credit
agreements.
(c) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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
[[Page 118 STAT. 3026]]
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, <<NOTE: Deadline.>> 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 ``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. <<NOTE: Certification.>> (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--
[[Page 118 STAT. 3027]]
(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
[[Page 118 STAT. 3028]]
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, <<NOTE: President. Certification. Deadline.>> 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) <<NOTE: President.>> 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
[[Page 118 STAT. 3029]]
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: (i) accurately accounting for revenues
and expenditures in connection with the extraction and export of
the type of natural resource to be extracted or exported; (ii)
the independent auditing of such accounts and the widespread
public dissemination of the audits; and (iii) verifying
government receipts against company payments including
widespread dissemination of such payment information in a manner
that does not create competitive disadvantage or disclose
proprietary information.
(2) <<NOTE: Deadline. Reports.>> 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
[[Page 118 STAT. 3030]]
such a waiver is in the national security interest of the United States.
(c) <<NOTE: Deadline. Reports.>> 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, <<NOTE: Deadline. Procedures.>> 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. <<NOTE: 22 USC 2151 note.>> The Secretary of the Treasury
shall instruct the United States executive director to each
international financial
[[Page 118 STAT. 3031]]
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. <<NOTE: President. Reports.>> 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. <<NOTE: Deadline. President. Certification.>> 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
[[Page 118 STAT. 3032]]
``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) <<NOTE: Certification.>> Not to exceed $3,227,000 in prior year
``Military Assistance Program'' funds that are available for Guatemala
may be made available for non-lethal defense items for Guatemala if the
Secretary of State certifies to the Committees on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives that--
(1) the role of the Guatemalan military has been limited, in
doctrine and in practice, to substantially those activities in
defense of Guatemala's sovereignty and territorial integrity
that are permitted by the 1996 Peace Accords, and the 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) <<NOTE: 22 USC 2370a.>> 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
[[Page 118 STAT. 3033]]
``(B) <<NOTE: Deadline.>> 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) <<NOTE: Notice. Federal Register, publication.>> 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, <<NOTE: President. Reports.>> 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
[[Page 118 STAT. 3034]]
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. <<NOTE: 22 USC 3948 note.>> (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) <<NOTE: Expiration date.>> 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
[[Page 118 STAT. 3035]]
(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.
[[Page 118 STAT. 3036]]
SECURITY IN ASIA
Sec. 590. <<NOTE: Reports.>> (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) <<NOTE: Reports.>> 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 <<NOTE: 114
Stat. 1900A-64.>> 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''.
[[Page 118 STAT. 3037]]
(b) Section 501(i) of Public Law 106-113 <<NOTE: 22 USC 2395
note.>> is amended by striking ``2003-2004'' and inserting ``2000-
2006''.
COMPLIANCE WITH THE ALGIERS AGREEMENTS
Sec. 592. None of the funds appropriated by this Act may be made
available for assistance for the central Governments of Ethiopia or
Eritrea unless the Secretary of State certifies and reports to the
Committees on Appropriations that such government is taking steps to
comply with the terms of the Algiers Agreements: Provided, That this
section shall not apply to democracy, rule of law, peacekeeping programs
and activities, child survival and health, basic education, and
agriculture programs: Provided further, That the Secretary may waive the
requirements of this section if he determines that to do so is in the
national security interests of the United States.
ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT BANKS
Sec. 593. (a) Section 1307 of the International Financial
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 proposal (including but not limited to any loan, credit, grant,
guarantee) which would result or be likely to result in significant
impact on the environment, unless the Secretary, after consultation with
the Secretary of State and the Administrators of the United States
Agency for International Development and the Environmental Protection
Agency, determines that for at least 120 days before the date of the
vote--
``(1) an assessment analyzing the environmental impacts of
the proposed action, including associated and cumulative
impacts, and of alternatives to the proposed action, has been
completed by the borrower or the bank and has been made
available to the board of directors of the bank; and
``(2) such assessment or a comprehensive summary of the
assessment (with proprietary information redacted) has been made
available to affected groups, and local nongovernmental
organizations and notice of its availability in the country and
at the bank has been posted on the bank's website.''; and
(2) by striking subsection (g) and inserting the following:
``(g) Multilateral Development Bank Defined.--In this title, the
term `multilateral development bank' means the International Bank for
Reconstruction and Development, the European Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment Guarantee
Agency, the African Development Bank, the African Development Fund, the
Asian Development Bank, the Inter-American Development Bank, the Inter-
American Investment Corporation, any other institution (other than the
International Monetary Fund) specified in section 1701(c)(2), and any
subsidiary of any such institution.''.
(b) Section 1303(b) of the International Financial Institutions Act
(22 U.S.C. 262m-2(b)) is amended--
[[Page 118 STAT. 3038]]
(1) by inserting ``(1)'' after ``(b)'' and replacing
``International Bank for Reconstruction and Development, the
Inter-American Development Bank, the Asian Development Bank, the
African Development Bank'' with the phrase ``multilateral
development banks as defined in section 1307(g)''; and
(2) by inserting at the end of subsection (b) the following
text:
``(2) The Secretary of the Treasury shall instruct such Executive
Directors to work with other countries' Executive Directors and
multilateral development bank management to--
``(A) improve the procedures of each multilateral
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.-- <<NOTE: Definition.>> 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
[[Page 118 STAT. 3039]]
(3)(A) is presently maintaining a residence in the United
States or whose surviving spouse is presently maintaining such a
residence; or
(B) was approved for refugee resettlement or immigrant visa
processing and is awaiting departure formalities from Vietnam or
whose surviving spouse is awaiting such departure formalities.
JOINT EXPLANATORY STATEMENT
Sec. 595. (a) Funds provided in this Act for the following accounts
shall be made available for programs and countries in the amounts
contained in the respective tables included in the joint explanatory
statement of managers accompanying this Act:
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Assistance for the Independent States of the Former Soviet
Union''.
``Andean Counterdrug Initiative''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts 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-- <<NOTE: Department of the Interior and Related Agencies
Appropriations Act, 2005.>> 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
[[Page 118 STAT. 3040]]
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, <<NOTE: Contracts. Grants.>> 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: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews or related partnerships
with State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train locally a
significant percentage, defined as 50 percent or more, of the project
workforce to complete such <<NOTE: Guidance.>> 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
[[Page 118 STAT. 3041]]
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
[[Page 118 STAT. 3042]]
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, <<NOTE: 43 USC 1735 note.>> 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
[[Page 118 STAT. 3043]]
of Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: Provided further, That
any such moneys that are in excess of amounts needed to repair damage to
the exact land for which funds were collected may be used to repair
other damaged public lands.
Miscellaneous Trust Funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
Administrative Provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws 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, <<NOTE: Contracts.>> 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
[[Page 118 STAT. 3044]]
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, <<NOTE: Contracts.>> 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
[[Page 118 STAT. 3045]]
acquisition account shall be available until expended without further
act of appropriation to the Director of the United States Fish and
Wildlife Service for only the following purposes: (1) to acquire lands
from Doyon, Limited, located within Yukon Flats National Wildlife Refuge
in accordance with the Exchange Agreement; (2) to acquire lands from
other willing sellers in the Yukon Flats National Wildlife Refuge, or
from other willing sellers in other units of the National Wildlife
Refuge System located within the State of Alaska; and (3) to construct
facilities and infrastructure for Alaska refuges: Provided further, That
none of the funds 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, <<NOTE: Grants. State listing.>> 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,
[[Page 118 STAT. 3046]]
$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: (1) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not more than one-half
of 1 percent thereof; and (2) to Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands,
each a sum equal to not more than one-fourth of 1 percent thereof:
Provided further, That the Secretary shall apportion the remaining
amount in the following manner: (1) one-third of which is based on the
ratio to which the land area of such State bears to the total land area
of all such States; and
[[Page 118 STAT. 3047]]
(2) two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this 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, <<NOTE: Deadline.>> 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, <<NOTE: Contracts.>> 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
[[Page 118 STAT. 3048]]
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.
[[Page 118 STAT. 3049]]
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
[[Page 118 STAT. 3050]]
to the Service for the maintenance of the parking lot and connecting
trail.
Land and Water Conservation Fund
(rescission)
The <<NOTE: 16 USC 460l-10a note.>> 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 derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $92,500,000 is for the State assistance program including
$1,500,000 to administer this program: Provided, That none of the funds
provided for the State assistance program may be used to establish a
contingency fund: Provided further, That in lieu of State assistance
program indirect costs (as described in OMB Circular A-87), not to
exceed 5 percent of apportionments under the State assistance program
may be used by States, the District of Columbia, and insular areas to
support program administrative costs: Provided further, That $250,000 of
the amount provided under this heading for civil war battlefield
protection shall be available for transfer to the ``National Recreation
and Preservation'' account.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 249 passenger motor vehicles, of which 202
shall be for replacement only, including not to exceed 193 for police-
type use, 10 buses, and 8 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to process any
grant or contract documents which do not include the text of 18 U.S.C.
1913: Provided further, <<NOTE: Expiration date. Reports.>> 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.
[[Page 118 STAT. 3051]]
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 <<NOTE: Deadline.>> 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 affecting mining and
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
98g(1)) and related purposes as authorized by law and to publish and
disseminate data; $948,921,000, of which $63,262,000 shall be available
only for
[[Page 118 STAT. 3052]]
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 <<NOTE: 43 USC 50.>> 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 <<NOTE: Contracts.>> 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
[[Page 118 STAT. 3053]]
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, <<NOTE: 30 USC 1721 note.>> 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.
[[Page 118 STAT. 3054]]
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, <<NOTE: 30 USC 1211
note.>> 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
[[Page 118 STAT. 3055]]
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
[[Page 118 STAT. 3056]]
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
[[Page 118 STAT. 3057]]
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 <<NOTE: Contracts.>> 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
[[Page 118 STAT. 3058]]
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding <<NOTE: Alaska.>> 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 section 113 of
title I of appendix C of Public Law 106-113, if a tribe or tribal
organization in fiscal year 2003 or 2004 received indirect and
administrative costs pursuant to a distribution formula based on section
5(f) of Public Law 101-301, the Secretary shall continue to distribute
indirect and administrative cost funds to such tribe or tribal
organization using the section 5(f) distribution formula.
Departmental Offices
Insular Affairs
Assistance to Territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $76,255,000, of which:
(1) $69,682,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and brown
tree snake control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in addition to
current local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law; and
grants to the Government
[[Page 118 STAT. 3059]]
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 <<NOTE: 48 USC
1469b.>> 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
[[Page 118 STAT. 3060]]
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, <<NOTE: Deadline.>> 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
[[Page 118 STAT. 3061]]
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 <<NOTE: 25 USC 4011 note.>> 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 <<NOTE: Records.>> 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 et seq.), Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), and
Public Law 101-337, as amended (16 U.S.C. 19jj et seq.), $5,818,000, to
remain available until expended.
Administrative Provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in the
``Departmental Management'', ``Office of the Solicitor'', and ``Office
of Inspector General'' may
[[Page 118 STAT. 3062]]
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, <<NOTE: Reports.>> 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
[[Page 118 STAT. 3063]]
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. <<NOTE: 43 USC 1471c-1.>> 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. <<NOTE: 43 USC 1471h.>> 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. <<NOTE: 43 USC 1471i.>> 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.
[[Page 118 STAT. 3064]]
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 110. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-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. <<NOTE: 25 USC 450e-3.>> 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,
[[Page 118 STAT. 3065]]
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. <<NOTE: Kansas. Cemeteries.>> (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. <<NOTE: 43 USC 1474e.>> 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 1 year of enactment, the Department shall file a
detailed report with the House and Senate Committees on Appropriations
and the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate providing
detailed information on the length
[[Page 118 STAT. 3066]]
of time it takes the Department to approve proposed mining plans of
operations and recommending steps to reduce current delays.
Sec. 121. Funds provided in this Act for Federal land 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
[[Page 118 STAT. 3067]]
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. 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. 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. <<NOTE: Notices. Mining. Claims.>> 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:
[[Page 118 STAT. 3068]]
``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 <<NOTE: Ante, p. 1142.>> 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. <<NOTE: South Carolina. 16 USC 668dd note.>> 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, <<NOTE: California. Federal
buildings and facilities.>> 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) <<NOTE: 16 USC 45f.>> is amended--
(1) in subsection (c)(2), by striking ``Such rights of use
and occupancy shall be for not more than twenty-five years
[[Page 118 STAT. 3069]]
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 <<NOTE: 16 USC 45a-1
note.>> is amended by striking ``one renewal'' and inserting ``3
renewals''.
(2) Section 3 of Public Law 99-338 <<NOTE: 100 Stat. 641.>> 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. <<NOTE: Gaylord A. Nelson Apostle Islands National
Lakeshore Wilderness Act.>> (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) <<NOTE: 16 USC 1132 note.>> 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.--
[[Page 118 STAT. 3070]]
(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 wilderness
designated in paragraph (c)(1) that is bordered by Lake Superior
shall use as its boundary the high-water mark.
(4) Naming.--The wilderness area designated by this section
shall be known as the Gaylord A. Nelson National Wilderness.
(d) Administration.--
(1) Management.--Subject to valid existing rights, the lands
designated as wilderness by this section shall be administered
by the Secretary in accordance with the applicable provisions of
the Wilderness Act (16 U.S.C. 1131), except that--
(A) any reference in that Act to the effective date
shall be considered to be a reference to the date of
enactment of this section; and
(B) where appropriate, any reference to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior with respect
to lands administered by the Secretary.
(2) Savings provisions.--Nothing in this section shall--
(A) modify, alter, or in any way affect any treaty
rights;
(B) alter the management of the waters of Lake
Superior within the boundary of the Apostle Islands
National Lakeshore in existence on the date of enactment
of this section; or
(C) be construed to modify, limit, or in any way
affect the use of motors on the lake waters, including
snowmobiles and the beaching of motorboats adjacent to
wilderness areas below the high-water mark, and the
maintenance and expansion of any docks existing at the
time of the enactment of this section.
Sec. 141. Upon the request of the permittee for the Clark Mountain
Allotment lands adjacent to the Mojave National Preserve, the Secretary
shall also issue a special use permit for that portion of the grazing
allotment located within the Preserve. The special use permit shall be
issued with the same terms and conditions as the most recently-issued
permit for that allotment and the Secretary shall consider the permit to
be one transferred in accordance with section 325 of Public Law 108-108.
Sec. 142. Sale of Wild Free-Roaming Horses and Burros. (a) In
General.--Section 3 of Public Law 92-195 (16 U.S.C. 1333) is amended--
(1) in subsection (d)(5), by striking ``this section'' and
all that follows through the period at the end and inserting
``this section.''; and
(2) by adding at the end the following:
[[Page 118 STAT. 3071]]
``(e) Sale of Excess Animals.--
``(1) In general.--Any excess animal or the remains of an
excess animal shall be sold if--
``(A) the excess animal is more than 10 years of
age; or
``(B) the excess animal has been offered
unsuccessfully for adoption at least 3 times.
``(2) Method of sale.--An excess animal that meets either of
the criteria in paragraph (1) shall be made available for sale
without limitation, including through auction to the highest
bidder, at local sale yards or other convenient livestock
selling facilities, until such time as--
``(A) all excess animals offered for sale are sold;
or
``(B) the appropriate management level, as
determined by the Secretary, is attained in all areas
occupied by wild free-roaming horses and burros.
``(3) Disposition of funds.--Funds generated from the sale
of excess animals under this subsection shall be--
``(A) credited as an offsetting collection to the
Management of Lands and Resources appropriation for the
Bureau of Land Management; and
``(B) used for the costs relating to the adoption of
wild free-roaming horses and burros, including the costs
of marketing such adoption.
``(4) Effect of sale.--Any excess animal sold under this
provision shall no longer be considered to be a wild free-
roaming horse or burro for purposes of this Act.''.
(b) Criminal Provisions.--Section 8(a)(4) of Public Law 92-195 (16
U.S.C. 1338(a)(4)) is amended by inserting ``except as provided in
section 3(e),'' before ``processes''.
Sec. 143. <<NOTE: Migratory Bird Treaty Reform Act of 2004. 16 USC
710 note.>> (a) Short Title.--This section may be cited as the
``Migratory Bird Treaty Reform Act of 2004''.
(b) Exclusion of Non-Native Species From Application of Certain
Prohibitions Under Migratory Bird Treaty Act.--Section 2 of the
Migratory Bird Treaty Act (16 U.S.C. 703) is amended--
(1) in the first sentence by striking ``That unless and
except as permitted'' and inserting the following: ``(a) In
General.--Unless and except as permitted''; and
(2) by adding at the end the following:
``(b) Limitation on Application to Introduced Species.--
``(1) In general.--This Act applies only to migratory bird
species that are native to the United States or its territories.
``(2) Native to the united states defined.--
``(A) In general.--Subject to subparagraph (B), in
this subsection the term `native to the United States or
its territories' means occurring in the United States or
its territories as the result of natural biological or
ecological processes.
``(B) Treatment of introduced species.--For purposes
of paragraph (1), a migratory bird species that occurs
in the United States or its territories solely as a
result of intentional or unintentional human-assisted
introduction shall not be considered native to the
United States or its territories unless--
``(i) it was native to the United States or
its territories and extant in 1918;
[[Page 118 STAT. 3072]]
``(ii) it was extirpated after 1918 throughout
its range in the United States and its
territories; and
``(iii) after such extirpation, it was
reintroduced in the United States or its
territories as a part of a program carried out by
a Federal agency.''.
(c) <<NOTE: 16 USC 703 note.>> Publication of List.--
(1) <<NOTE: Deadline. Federal Register, publication.>> In
general.--Not later than 90 days after the date of enactment of
this section, the Secretary of the Interior shall publish in the
Federal Register a list of all nonnative, human-introduced bird
species to which the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.) does not apply. As necessary, the Secretary may update and
publish the list of species exempted from protection of the
Migratory Bird Treaty Act.
(2) Public comment.--Before publishing the list under
paragraph (1), the Secretary shall provide adequate time for
public comment.
(3) Effect of section.--Nothing in this subsection shall
delay implementation of other provisions of this section or
amendments made by this section that exclude nonnative, human-
introduced bird species from the application of the Migratory
Bird Treaty Act (16 U.S.C. 703 et seq.).
(d) <<NOTE: 16 USC 703 note.>> Relationship to Treaties.--It is the
sense of Congress that the language of this section is consistent with
the intent and language of the 4 bilateral treaties implemented by this
section.
Sec. 144. <<NOTE: Foundation for Nevada's Veterans Land Transfer Act
of 2004.>> (a) Short Title.--This section may be cited as the
``Foundation for Nevada's Veterans Land Transfer Act of 2004''.
(b) Transfer of Administrative Jurisdiction, Bureau of Land
Management Land, Clark County, Nevada.--
(1) In general.--Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary of
the Interior to the Secretary of Veterans Affairs.
(2) Description of land.--The parcel of land referred to in
paragraph (1) is the approximately 150 acres of Bureau of Land
Management land in Clark County, Nevada, as generally depicted
on the map entitled ``Veterans Administration Conveyance'' and
dated September 24, 2004.
(3) Use of land.--The parcel of land described in paragraph
(2) shall be used by the Secretary of Veterans Affairs for the
construction and operation of medical and related facilities, as
determined to be appropriate by the Secretary of Veterans
Affairs.
Sec. 145. Cumberland Island Wilderness Boundary Adjustment. (a) In
General.--Public Law 97-250 (96 Stat. 709) is amended by striking
section <<NOTE: 16 USC 1132 note.>> 2 and inserting the following:
``SEC. 2. <<NOTE: Cumberland Island Wilderness Boundary Adjustment Act
of 2004.>> CUMBERLAND ISLAND WILDERNESS.
``(a) Definitions.--In this section:
``(1) Map.--The term `map' means the map entitled
`Cumberland Island Wilderness', numbered 640/20,038I, and dated
September 2004.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(3) Wilderness.--The term `Wilderness' means the
Cumberland Island Wilderness established by subsection (b).
``(4) Potential wilderness.--The term `Potential Wilderness'
means the 10,500 acres of potential wilderness described in
subsection (c)(2), but does not include the area at the north
[[Page 118 STAT. 3073]]
end of Cumberland Island known as the `High Point Half-Moon
Bluff Historic District'.
``(b) Establishment.--
``(1) In general.--Approximately 9,886 acres of land in the
Cumberland Island National Seashore depicted on the map as
`Wilderness' is designated as a component of the National
Wilderness Preservation System and shall be known as the
`Cumberland Island Wilderness'.
``(2) Exclusions.--The 25-foot wide roadways depicted on the
map as the `Main Road', `Plum Orchard', and the `North Cut Road'
shall not be included in the Wilderness and shall be maintained
by the Secretary for continued vehicle use.
``(c) Additional Land.--In addition to the land designated under
subsection (b), the Secretary shall--
``(1) on acquisition of the approximately 231 acres of land
identified on the map as `Areas Become Designated Wilderness
upon Acquisition by the NPS'; and
``(2) <<NOTE: Federal Register, publication. Notice.>> on
publication in the Federal Register of a notice that all uses of
the approximately 10,500 acres of land depicted on the map as
`Potential Wilderness' that are prohibited under the Wilderness
Act (16 U.S.C. 1131 et seq.) have ceased, adjust the boundary of
the Wilderness to include the land.
``(d) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
``(e) Administration.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary, in accordance with
the applicable provisions of the Wilderness Act (16 U.S.C. 1131 et seq.)
governing areas designated by that Act as wilderness areas, except
that--
``(1) any reference in such provisions to the effective date
of that Act shall be deemed to be a reference to the effective
date of this Act; and
``(2) where appropriate, any reference in that Act to the
Secretary of Agriculture shall be deemed to be a reference to
the Secretary.
``(f) Effect.--Any person with a right to utility service on
Cumberland Island on the date of enactment of this subsection shall
continue to have the right to utility service in the Wilderness after
the date of enactment of this subsection.
``(g) <<NOTE: Deadline.>> Management Plan for Access to Main Road
and North Cut Road.--Not later than 1 year after the date of the
enactment of the Cumberland Island Wilderness Boundary Adjustment Act of
2004, the Secretary shall complete a management plan to ensure that not
more than 8 and not less than 5 round trips are made available daily on
the Main Road north of the Plum Orchard Spur and the North Cut Road by
the National Park Service or a concessionaire for the purpose of
transporting visitors to and from the historic sites located adjacent to
Wilderness.''.
(b) Tours of Cumberland Island National Seashore.--Section 6 of
Public Law 92-536 (86 Stat. 1066) <<NOTE: 16 USC 429i-5.>> is amended--
(1) in subsection (b), by inserting ``, except as provided
in subsection (c),'' before ``no development of the project'';
and
(2) by adding at the end the following:
``(c) <<NOTE: Contracts.>> Tours of the Seashore.--Notwithstanding
subsection (b), the Secretary may enter into not more than 3 concession
contracts,
[[Page 118 STAT. 3074]]
as the Secretary determines appropriate, for the provision of tours for
visitors to the seashore that are consistent with--
``(1) this Act;
``(2) the Wilderness Act (16 U.S.C. 1131 et seq.); and
``(3) Public Law 97-250 (96 Stat. 709).''.
(c) <<NOTE: 16 USC 459i note.>> Short Title.--This section may be
cited as the ``Cumberland Island Wilderness Boundary Adjustment Act of
2004''.
Sec. 146. Notwithstanding any other provision of law, the National
Park Service final winter use rules published in Part VII of the Federal
Register for November 10, 2004, 69 Fed. Reg. 65348 et seq., shall be in
force and effect for the winter use season of 2004-2005 that commences
on or about December 15, 2004.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $280,278,000, to remain available until expended:
Provided, That of the funds provided, $56,714,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of pests,
pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $296,626,000, to remain
available until expended, as authorized by law of which $57,939,000 is
to be derived from the Land and Water Conservation Fund: Provided, That
none of the funds provided under this heading for the acquisition of
lands or interests in lands shall be available until the Forest Service
notifies the House Committee on Appropriations and the Senate Committee
on Appropriations, in writing, of specific contractual and grant details
including the non-Federal cost share: Provided further, That
notwithstanding any other provision of law, of the funds provided under
this heading, $2,000,000 shall be made available to Kake Tribal
Corporation as an advance direct lump sum payment to implement the Kake
Tribal Corporation Land Transfer Act (Public Law 106-283), and
$1,500,000 shall be made available to Canton, North Carolina, as an
advance direct lump sum payment for wood products wastewater treatment
repairs.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, $1,400,260,000, to remain available until
expended, which shall include 50 percent of all moneys received during
prior fiscal years as fees collected under the Land
[[Page 118 STAT. 3075]]
and Water Conservation Fund Act of 1965, as amended, in accordance with
section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated
balances under this heading available at the start of fiscal year 2005
shall be displayed by budget line item in the fiscal year 2006 budget
justification: Provided further, That, through fiscal year 2009, the
Secretary may authorize the expenditure or transfer of such sums as
necessary to the Department of the Interior, Bureau of Land Management,
for removal, preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of cadastral
surveys to designate the boundaries of such lands: Provided further,
That of the funds provided under this heading for Forest Products,
$5,000,000 shall be allocated to the Alaska Region, in addition to its
normal allocation for the purposes of preparing additional timber for
sale, to establish a 3-year timber supply and such funds may be
transferred to other appropriations accounts as necessary to maximize
accomplishment: Provided further, That within funds available for the
purpose of implementing the Valles Caldera Preservation Act,
notwithstanding the limitations of section 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106-248), for fiscal year 2005, the
Chair of the Board of Trustees of the Valles Caldera Trust may receive,
upon request, compensation for each day (including travel time) that the
Chair is engaged in the performance of the functions of the Board,
except that compensation shall not exceed the daily equivalent of the
annual rate in effect for members of the Senior Executive Service at the
ES-1 level, and shall be in addition to any reimbursement for travel,
subsistence and other necessary expenses incurred by the Chair in the
performance of the Chair's duties.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and for
emergency rehabilitation of burned-over National Forest System lands and
water, $1,727,008,000, to remain available until expended: Provided,
That such funds including unobligated balances under this heading, are
available for repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further, That such
funds shall be available to reimburse State and other cooperating
entities for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the responsible
emergency management agency: Provided further, That not less than 50
percent of any unobligated balances remaining (exclusive of amounts for
hazardous fuels reduction) at the end of fiscal year 2004 shall be
transferred, as repayment for past advances that have not been repaid,
to the fund established pursuant to section 3 of Public Law 71-319 (16
U.S.C. 576 et seq.): Provided further, That, notwithstanding any other
provision of law, $8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in support of the
Joint Fire Science Program: Provided further, That all authorities for
the use of funds, including the use of contracts, grants, and
cooperative agreements, available to execute the Forest
[[Page 118 STAT. 3076]]
and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided further,
That funds provided shall be available for emergency rehabilitation and
restoration, hazardous fuels reduction activities in the urban-wildland
interface, support to Federal emergency response, and wildfire
suppression activities of the Forest Service: Provided further, That of
the funds provided, $266,238,000 is for hazardous fuels reduction
activities, $13,000,000 is for rehabilitation and restoration,
$22,025,000 is for research activities and to make competitive research
grants pursuant to the Forest and Rangeland Renewable Resources Research
Act, as amended (16 U.S.C. 1641 et seq.), $40,745,000 is for State fire
assistance, $8,000,000 is for volunteer fire assistance, $15,000,000 is
for forest health activities on Federal lands and $10,000,000 is for
forest health activities on State and private lands: Provided further,
That amounts in this paragraph may be transferred to the ``State and
Private Forestry'', ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund State fire assistance, volunteer
fire assistance, forest health management, forest and rangeland
research, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That transfers of any amounts in excess
of those authorized in this paragraph, shall require approval of the
House and Senate Committees on Appropriations in compliance with
reprogramming procedures contained in House Report 108-330: Provided
further, That the costs of implementing any 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 in
addition to funds provided for State Fire Assistance programs, and
subject to all authorities available to the Forest Service under the
State and Private Forestry Appropriations, up to $15,000,000 may be used
on adjacent non-Federal lands for the purpose of protecting communities
when hazard reduction activities are planned on national forest lands
that have the potential to place such communities at risk: Provided
further, That included in funding for hazardous fuel reduction is
$5,000,000 for implementing the Community Forest Restoration Act, Public
Law 106-393, title VI, and any portion of such funds shall be available
for use on non-Federal lands in accordance with authorities available to
the Forest Service under the State and Private Forestry Appropriation:
Provided further, That the 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 of the funds provided for hazardous
fuels reduction, not to exceed $5,000,000, may be used to make grants,
using any authorities available to the Forest Service under the State
and Private Forestry appropriation, for the purpose of creating
incentives for increased use of biomass from national forest lands.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise provided
for, $521,952,000, to remain available until expended for construction,
reconstruction, maintenance and acquisition of buildings and other
facilities, and for construction, reconstruction,
[[Page 118 STAT. 3077]]
repair, decommissioning, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That up to $15,000,000 of the funds provided herein
for road maintenance shall be available for the decommissioning of
roads, including unauthorized roads not part of the transportation
system, which are no longer needed: Provided further, That no funds
shall be expended to decommission any system road until notice and an
opportunity for public comment has been provided on each decommissioning
project: Provided further, That subject to all the authorities available
to the Forest Service under the State and Private Forestry
appropriation, up to $1,000,000 may be used on non-Federal lands
adjacent to the Chugach National Forest for the purpose of expanding
recreational opportunities.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $61,866,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,069,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, as
amended (16 U.S.C. 484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
[[Page 118 STAT. 3078]]
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $65,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands
in Alaska for subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (Public Law 96-487), $5,962,000, to
remain available until expended.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 124 passenger
motor vehicles of which 21 will be used primarily for law enforcement
purposes and of which 124 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such vehicles;
purchase, lease, operation, maintenance, and acquisition of aircraft
from excess sources to maintain the operable fleet at 195 aircraft for
use in Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
Any <<NOTE: Notification.>> appropriations or funds available to the
Forest Service may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation of
burned-over or damaged lands or waters under its jurisdiction, and fire
preparedness due to severe burning conditions upon notification of the
House and Senate Committees on Appropriations and if and only if all
previously appropriated emergency contingent funds under the heading
``Wildland Fire Management'' have been released by the President and
apportioned and all wildfire suppression funds under the heading
``Wildland Fire Management'' are obligated.
The first transfer of funds into the Wildland Fire Management
account shall include unobligated funds, if available, from the Land
Acquisition account and the Forest Legacy program within the State and
Private Forestry account.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest
[[Page 118 STAT. 3079]]
and rangeland research, technical information, and assistance in foreign
countries, and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance, education
and training, and cooperation with United States and international
organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b.
Not less than $20,000,000 of funds under section 8002 of the Farm
Security and Rural Investment Act of 2002 is hereby canceled.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in House Report 108-330.
Not more than $72,467,000 of the funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture.
Funds available to the Forest Service shall be available to conduct
a program of not less than $2,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the Youth
Conservation Corps.
Of the funds available to the Forest Service, $2,500 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, $3,300,000 may be advanced in a
lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for administrative
expenses or projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That of the Federal funds
made available to the Foundation, $300,000 may be used for Forest
Service Centennial activities and, of the total available to the
Foundation, no more than $350,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain, by the end
of the period of Federal financial assistance, private contributions to
match on at least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer Federal
funds to a non-Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds: Provided
further, <<NOTE: 16 USC 583j-9 note.>> That authorized investments of
Federal funds held by the Foundation may be made only in interest-
bearing obligations of the United States or in obligations guaranteed as
to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
funds available to the Forest Service shall be available for matching
funds to the National Fish and Wildlife Foundation, as authorized by 16
U.S.C. 3701-3709, and may be advanced in a lump sum to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when expenses are incurred, for projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at least
one-for-one
[[Page 118 STAT. 3080]]
basis funds advanced by the Forest Service: Provided further, That the
Foundation may transfer Federal funds to a non-Federal recipient for a
project at the same rate that the recipient has obtained the non-Federal
matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar non-litigation related matters. Future budget justifications for
both the Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the requested funding
transfers.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee safety:
Provided, That such amounts shall not exceed $1,000,000.
For fiscal years 2005 and 2006, the Secretary of Agriculture may
authorize the sale of excess buildings, facilities, and other properties
owned by the Forest Service and located on the Green Mountain National
Forest, the revenues of which shall be retained by the Forest Service
and available to the Secretary without further appropriation and until
expended for maintenance and rehabilitation activities on the Green
Mountain National Forest.
For each fiscal year through 2009, the Secretary of Agriculture may
transfer or reimburse funds available to the Forest Service, not to
exceed $15,000,000, to the Secretary of the Interior or the Secretary of
Commerce to expedite conferencing and consultations as required under
section 7 of the Endangered Species Act, 16 U.S.C. 1536. The amount of
the transfer or reimbursement shall be as mutually agreed by the
Secretary of Agriculture and the Secretary of the Interior or Secretary
of Commerce, as applicable, or their designees. The amount shall in no
case exceed the actual costs of consultation and conferencing.
Beginning <<NOTE: Termination date.>> on June 30, 2001 and
concluding on December 31, 2005, an eligible individual who is employed
in any project funded under title V of the Older American Act of 1965
(42 U.S.C. 3056 et seq.) and administered by the Forest Service shall be
considered to be a Federal employee for purposes of chapter 171 of title
28, United States Code.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older American
Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service in this Act may be used for
the purpose of expenses associated with primary and secondary schooling
for dependents of agency personnel stationed in Puerto Rico prior to the
date of enactment of this Act, who are subject to transfer and
reassignment to other locations in the United States,
[[Page 118 STAT. 3081]]
at a cost not in excess of those authorized for the Department of
Defense for the same area, when it is determined by the Chief of the
Forest Service that public schools available in the locality are unable
to provide adequately for the education of such dependents.
For fiscal years 2005 and 2006, the Secretary of Agriculture may
authorize the sale of excess buildings, facilities, and other properties
owned by the Forest Service and located on the Wasatch-Cache National
Forest, the revenues of which shall be retained by the Forest Service
and available to the Secretary without further appropriation and until
expended for acquisition and construction of administrative sites on the
Wasatch-Cache National Forest.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $257,000,000 shall not be available until October 1, 2005:
Provided, That funds made available in previous appropriations Acts
shall be available for any ongoing project regardless of the separate
request for proposal under which the project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $579,911,000, to remain available until
expended, of which $4,000,000 is to continue a multi-year project for
construction, renovation, furnishing, and demolition or removal of
buildings at National Energy Technology Laboratory facilities in
Morgantown, West Virginia and Pittsburgh, Pennsylvania: Provided, That
of the amounts provided, $18,000,000 is to continue a multi-year project
coordinated with the private sector for FutureGen, without regard to the
terms and conditions applicable to clean coal technology projects:
Provided further, That the initial planning and research stages of the
FutureGen project shall include a matching requirement from non-Federal
sources of at least 20 percent of the costs: Provided further, That any
demonstration component of such project shall require a matching
requirement from non-Federal sources of at least 50 percent of the costs
of the component: Provided further, That of the amounts provided,
$50,000,000 is available, after coordination with the private sector,
for a request for proposals for a Clean Coal Power Initiative providing
for competitively-awarded research, development, and demonstration
projects to reduce the barriers to continued and expanded coal use:
Provided further, That no project may be selected for which sufficient
funding is not available to provide for the total project: Provided
further, That funds shall
[[Page 118 STAT. 3082]]
be expended in accordance with the provisions governing the use of funds
contained under the heading ``Clean Coal Technology'' in 42 U.S.C.
5903d: Provided further, That the Department may include provisions for
repayment of Government contributions to individual projects in an
amount up to the Government contribution to the project on terms and
conditions that are acceptable to the Department including repayments
from sale and licensing of technologies from both domestic and foreign
transactions: Provided further, That such repayments shall be retained
by the Department for future coal-related research, development and
demonstration projects: Provided further, That any technology selected
under this program shall be considered a Clean Coal Technology, and any
project selected under this program shall be considered a Clean Coal
Technology Project, for the purposes of 42 U.S.C. 7651n, and chapters
51, 52, and 60 of title 40 of the Code of Federal Regulations: Provided
further, That funds shall be expended in accordance with the provisions
governing the use of funds contained under the heading ``Clean Coal
Technology'' in prior appropriations: Provided further, That no part of
the sum herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas: Provided further,
That up to 4 percent of program direction funds available to the
National Energy Technology Laboratory may be used to support Department
of Energy activities not included in this account.
naval petroleum and oil shale reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, $18,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
elk hills school lands fund
For necessary expenses in fulfilling installment payments under the
Settlement Agreement entered into by the United States and the State of
California on October 11, 1996, as authorized by section 3415 of Public
Law 104-106, $36,000,000, to become available on October 1, 2005 for
payment to the State of California for the State Teachers' Retirement
Fund from the Elk Hills School Lands Fund.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $649,092,000, to remain available until expended: Provided,
That $44,798,000 is for State energy program grants pursuant to 42
U.S.C. 6323, notwithstanding section 3003(d)(2) of Public Law 99-509.
strategic petroleum reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $172,100,000, to remain available until expended.
[[Page 118 STAT. 3083]]
northeast home heating oil reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operations, and management activities pursuant to the Energy
Policy and Conservation Act of 2000, $5,000,000, to remain available
until expended.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $85,000,000, to remain available until
expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made to
other agencies of the Government for the performance of work for which
the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, private or
foreign: Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to be
available until expended, and used only for plant construction,
operation, costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements: Provided further, That
the remainder of revenues after the making of such payments shall be
covered, into the Treasury as miscellaneous receipts: Provided
further, <<NOTE: Reports.>> That any contract, agreement, or provision
thereof entered into by the Secretary pursuant to this authority shall
not be executed prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in session
because of adjournment of more than 3 calendar days to a day certain)
from the receipt by the Speaker of the House of Representatives and the
President of the Senate of a full comprehensive report on such project,
including the facts and circumstances relied upon in support of the
proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
[[Page 118 STAT. 3084]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $2,633,072,000, together with
payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That up to $18,000,000 shall remain available until expended,
for the Indian Catastrophic Health Emergency Fund: Provided further,
That $487,085,000 for contract medical care shall remain available for
obligation until September 30, 2006: Provided further, That of the funds
provided, up to $27,000,000 to remain available until expended, shall be
used to carry out the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That funds
provided in this Act may be used for one-year contracts and grants which
are to be performed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
Improvement Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and requirements of
titles XVIII and XIX of the Social Security Act (exclusive of planning,
design, or construction of new facilities): Provided further, That
funding contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided
further, <<NOTE: Reports. Records.>> That amounts received by tribes and
tribal organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and available to the
receiving tribes and tribal organizations until expended: Provided
further, That, notwithstanding any other provision of law, of the
amounts provided herein, not to exceed $267,398,000 shall be for
payments to tribes and tribal organizations for contract or grant
support costs associated with contracts, grants, self-governance
compacts or annual funding agreements between the Indian Health Service
and a tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during fiscal year
2005, of which not to exceed $2,500,000 may be used for contract support
costs associated with new or expanded self-determination contracts,
grants, self-governance compacts or annual funding agreements: Provided
further, That funds available for the Indian Health Care Improvement
Fund may be used, as needed, to carry out activities typically funded
under the Indian Health Facilities account: Provided further, That of
the amounts provided to the Indian Health Service, $15,000,000
[[Page 118 STAT. 3085]]
is provided for alcohol control, enforcement, prevention, treatment,
sobriety and wellness, and education in Alaska: Provided further, That
none of the funds may be used for tribal courts or tribal ordinance
programs or any program that is not directly related to alcohol control,
enforcement, prevention, treatment, or sobriety: Provided further, That
no more than 15 percent may be used by any entity receiving funding for
administrative overhead including indirect costs.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $394,048,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities: Provided
further, That not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facilities:
Provided further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United
States Department of Housing and Urban Development: Provided further,
That not to exceed $1,000,000 from this account and the ``Indian Health
Services'' account shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the Indian
Health Service and the General Services Administration: Provided
further, That notwithstanding any other provision of law, funds
appropriated for the planning, design, and construction of the
replacement health care facility in Barrow, Alaska, may be used to
purchase land up to approximately 8 hectares for a site upon which to
construct the new health care facility: Provided further, That not to
exceed $500,000 shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for demolition of
Federal buildings: Provided further, That up to $2,700,000 from
unobligated balances may be used for the purchase of land at two sites
for the construction of the northern and southern California Youth
Regional Treatment Centers subject to advance approval from the House
and Senate Committees on Appropriations.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at
[[Page 118 STAT. 3086]]
rates not to exceed the per diem rate equivalent to the maximum rate
payable for senior-level positions under 5 U.S.C. 5376; hire of
passenger motor vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of modular
buildings and renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and for uniforms or allowances
therefor as authorized by 5 U.S.C. 5901-5902; and for expenses of
attendance at meetings which are concerned with the functions or
activities for which the appropriation is made or which will contribute
to improved conduct, supervision, or management of those functions or
activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered under
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law
93-638, as amended.
Funds appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation.
None of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the Department
of Health and Human Services unless identified in the budget
justification and provided in this Act, or approved by the House and
Senate Committees on Appropriations through the reprogramming process.
Personnel ceilings may not be imposed on the Indian Health Service nor
may any action be taken to reduce the full time equivalent level of the
Indian Health Service below the level in fiscal year 2002 adjusted
upward for the staffing of new and expanded facilities, funding provided
for staffing at the Lawton, Oklahoma hospital in fiscal years 2003 and
2004, critical positions not filled in fiscal year 2002, and staffing
necessary to carry out the intent of Congress with regard to program
increases.
Notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation.
None of the funds made available to the Indian Health Service in
this Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care services
of the Indian Health Service until the Indian Health Service has
submitted a budget request reflecting the increased costs associated
with the proposed final rule, and such
[[Page 118 STAT. 3087]]
request has been included in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment. The reimbursements received therefrom, along with the funds
received from those entities pursuant to the Indian Self-Determination
Act, may be credited to the same or subsequent appropriation account
which provided the funding. Such amounts shall remain available until
expended.
Reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.
The Indian Health Service may purchase 8.5 acres of land for
expansion of parking facilities at the W.W. Hastings hospital in
Tahlequah, Oklahoma using third party collections subject to advance
approval from the House and Senate Committees on Appropriations.
Notwithstanding <<NOTE: Oklahoma. 25 USC 1660b note.>> any other
provision of law, the Tulsa and Oklahoma City Clinic demonstration
projects shall be permanent programs under the direct care program of
the Indian Health Service; shall be treated as service units and
operating units in the allocation of resources and coordination of care;
shall continue to meet the requirements applicable to an Urban Indian
organization under this title; and shall not be subject to the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
The appropriation structure for the Indian Health Service may not be
altered without advance approval of the House and Senate Committees on
Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $5,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to 25 U.S.C. 640d-10.
[[Page 118 STAT. 3088]]
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $6,000,000, of which up to
$1,000,000 may remain available until expended to assist with the
Institute's efforts to develop a Continuing Education Lifelong Learning
Center.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to five replacement passenger vehicles; purchase,
rental, repair, and cleaning of uniforms for employees, $495,925,000, of
which not to exceed $10,108,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the National Museum
of African American History and Culture, and the repatriation of
skeletal remains program shall remain available until expended; and of
which $1,620,000 for fellowships and scholarly awards shall remain
available until September 30, 2006; and including such funds as may be
necessary to support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations: Provided further,
That the Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments for long term and
swing space, as rent payable to the Smithsonian Institution, and such
rent payments may be deposited into the general trust funds of the
Institution to the extent that federally supported activities are housed
in the 900 H Street, N.W. building in the District of Columbia: Provided
further, That this use of Federal appropriations shall not be construed
as debt service, a Federal guarantee of, a transfer of risk to, or an
obligation of, the Federal Government: Provided further, That no
appropriated funds may be used to service debt which is incurred to
finance the costs of acquiring the 900 H Street building or of planning,
designing, and constructing improvements to such building.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of
[[Page 118 STAT. 3089]]
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $127,900,000, to remain available until expended,
of which not to exceed $10,000 is for services as authorized by 5 U.S.C.
3109: Provided, That contracts awarded for environmental systems,
protection systems, and repair or restoration of facilities of the
Smithsonian Institution may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well as price.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to make any
changes to the existing Smithsonian science programs including closure
of facilities, relocation of staff or redirection of functions and
programs without the advance approval of the House and Senate Committees
on Appropriations.
None of the funds in this or any other Act may be used to initiate
the design for any proposed expansion of current space or new facility
without consultation with the House and Senate Appropriations
Committees.
None of the funds in this or any other Act may be used for the Holt
House located at the National Zoological Park in Washington, D.C.,
unless identified as repairs to minimize water damage, monitor structure
movement, or provide interim structural support.
None of the funds available to the Smithsonian may be reprogrammed
without the advance written approval of the House and Senate Committees
on Appropriations in accordance with the reprogramming procedures
contained in the statement of the managers accompanying this Act.
None of the funds in this or any other Act may be used to purchase
any additional buildings without prior consultation with the House and
Senate Committees on Appropriations.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $93,000,000,
of which not to exceed $3,026,000
[[Page 118 STAT. 3090]]
for the special exhibition program shall remain available until
expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $11,100,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $17,152,000.
construction
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $16,334,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $8,987,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $122,972,000, shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts through assistance to organizations
and individuals pursuant to sections 5(c) and 5(g) of the Act, including
$21,729,000 for support of arts education and public outreach activities
through the Challenge America program, for program support, and for
administering the functions of the Act, to remain available until
expended: Provided, That funds previously appropriated to the National
Endowment for the Arts ``Matching Grants'' account and ``Challenge
America'' account may be transferred to and merged with this account.
[[Page 118 STAT. 3091]]
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $123,877,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$16,122,000, to remain available until expended, of which $10,436,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants up to $10,000, if
in the aggregate this amount does not exceed 5 percent of the sums
appropriated for grant-making purposes per year: Provided further, That
such small grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on the Arts
to the Chairperson.
Commission of Fine Arts
Salaries and Expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $1,793,000: Provided, That the Commission is
authorized to charge fees to cover the full costs of its publications,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further
appropriation.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956(a)), as amended, $7,000,000.
[[Page 118 STAT. 3092]]
Advisory Council on Historic Preservation
Salaries and Expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $4,600,000: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $8,000,000: Provided, That one-quarter of 1
percent of the funds provided under this heading may be used for
official reception and representational expenses to host international
visitors engaged in the planning and physical development of world
capitals.
United States Holocaust Memorial Museum
Holocaust Memorial Museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $41,433,000, of which
$1,900,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks and
Public Lands Management Act of 1996, $20,000,000 shall be available to
the Presidio Trust, to remain available until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. <<NOTE: Contracts. Public information.>> 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. 302. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete.
Sec. 303. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 304. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal
[[Page 118 STAT. 3093]]
cook, chauffeur, or other personal servants to any officer or employee
of such department or agency except as otherwise provided by law.
Sec. 305. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless notice of
such assessments and the basis therefor are presented to the Committees
on Appropriations and are approved by such committees.
Sec. 306. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National Forest System
or Bureau of Land Management lands in a manner different than such sales
were conducted in fiscal year 2004.
Sec. 307. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
(c) Report.--On September 30, 2005, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) <<NOTE: Contracts.>> Mineral Examinations.--In order to process
patent applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow the
applicant to fund a qualified third-party contractor to be selected by
the Bureau of Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 308. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau of
Indian Affairs and the Indian Health Service by Public Laws 103-138,
103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 107-63,
108-7, and 108-108 for payments to tribes and tribal organizations for
contract support costs associated with self-determination or self-
governance contracts, grants, compacts, or annual funding agreements
with the Bureau of Indian Affairs or the Indian Health Service as funded
by such Acts, are the total amounts available for fiscal years 1994
through 2004 for such
[[Page 118 STAT. 3094]]
purposes, except that, for the Bureau of Indian Affairs, tribes and
tribal organizations may use their tribal priority allocations for unmet
indirect costs of ongoing contracts, grants, self-governance compacts or
annual funding agreements.
Sec. 309. Of the funds provided to the National Endowment for the
Arts:
(1) <<NOTE: Grants.>> The Chairperson shall only award a
grant to an individual if such grant is awarded to such
individual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) <<NOTE: Procedures.>> The Chairperson shall establish
procedures to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency, or regional
group, may be used to make a grant to any other organization or
individual to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 310. The National Endowment for the Arts and the National
Endowment for the Humanities are authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, bequests, or devises
of money and other property or services and to use such in furtherance
of the functions of the National Endowment for the Arts and the National
Endowment for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman shall enter
the proceeds in a special interest-bearing account to the credit of the
appropriate endowment for the purposes specified in each case.
Sec. 311. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage
[[Page 118 STAT. 3095]]
public knowledge, education, understanding, and appreciation of the
arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) <<NOTE: Grants.>> the Chairperson shall establish a
grant category for projects, productions, workshops, or programs
that are of national impact or availability or are able to tour
several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) <<NOTE: Reports.>> the Chairperson shall report to the
Congress annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of such Act;
and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 312. No part of any appropriation contained in this Act shall
be expended or obligated to complete and issue the 5-year program under
the Forest and Rangeland Renewable Resources Planning Act.
Sec. 313. None of the funds in this Act may be used to support
Government-wide administrative functions unless such functions are
justified in the budget process and funding is approved by the House and
Senate Committees on Appropriations.
Sec. 314. <<NOTE: Contracts. State listing.>> Notwithstanding any
other provision of law, for fiscal year 2005 the Secretaries of
Agriculture and the Interior are authorized to limit competition for
watershed restoration project contracts as part of the ``Jobs in the
Woods'' Program established in Region 10 of the Forest Service to
individuals and entities in historically timber-dependent areas in the
States of Washington, Oregon, northern California, Idaho, Montana, and
Alaska that have been affected by reduced timber harvesting on Federal
lands. The Secretaries shall consider the benefits to the local economy
in evaluating bids and designing procurements which create economic
opportunities for local contractors.
Sec. 315. Amounts deposited during fiscal year 2004 in the roads and
trails fund provided for in the 14th paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C.
501), shall be used by the Secretary of Agriculture, without regard to
the State in which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or to carry
out and administer projects to improve forest health conditions, which
may include the repair or reconstruction of roads, bridges, and trails
on National Forest System lands in the wildland-community interface
where there is an abnormally high risk of fire. The projects shall
emphasize reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity, and
biological integrity. The projects may be completed in a subsequent
fiscal year. Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended from the timber
salvage sale fund. Nothing in this section shall be construed to exempt
any project from any environmental law.
Sec. 316. Other than in emergency situations, none of the funds in
this Act may be used to operate telephone answering machines during core
business hours unless such answering
[[Page 118 STAT. 3096]]
machines include an option that enables callers to reach promptly an
individual on-duty with the agency being contacted.
Sec. 317. No timber sale in Region 10 shall be advertised if the
indicated rate is deficit when appraised using a residual value approach
that assigns domestic Alaska values for western redcedar. Program
accomplishments shall be based on volume sold. Should Region 10 sell, in
the current fiscal year, the annual average portion of the decadal
allowable sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised using a
residual value approach that assigns domestic Alaska values for western
redcedar, all of the western redcedar timber from those sales which is
surplus to the needs of domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. Should Region 10 sell, in the current fiscal
year, less than the annual average portion of the decadal allowable sale
quantity called for in the Tongass Land Management Plan in sales which
are not deficit when appraised using a residual value approach that
assigns domestic Alaska values for western redcedar, the volume of
western redcedar timber available to domestic processors at prevailing
domestic prices in the contiguous 48 United States shall be that volume:
(1) which is surplus to the needs of domestic processors in Alaska; and
(2) is that percent of the surplus western redcedar volume determined by
calculating the ratio of the total timber volume which has been sold on
the Tongass to the annual average portion of the decadal allowable sale
quantity called for in the current Tongass Land Management Plan. The
percentage shall be calculated by Region 10 on a rolling basis as each
sale is sold (for purposes of this amendment, a ``rolling basis'' shall
mean that the determination of how much western redcedar is eligible for
sale to various markets shall be made at the time each sale is awarded).
Western redcedar shall be deemed ``surplus to the needs of domestic
processors in Alaska'' when the timber sale holder has presented to the
Forest Service documentation of the inability to sell western redcedar
logs from a given sale to domestic Alaska processors at a price equal to
or greater than the log selling value stated in the contract. All
additional western redcedar volume not sold to Alaska or contiguous 48
United States domestic processors may be exported to foreign markets at
the election of the timber sale holder. All Alaska yellow cedar may be
sold at prevailing export prices at the election of the timber sale
holder.
Sec. 318. Section 3 of the Act of June 9, 1930 (commonly known as
the Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended--
(1) by striking ``The Secretary of Agriculture may, when in
his'' and inserting ``(a) The Secretary of Agriculture may, when
in his or her'';
``(b) Amounts deposited under subsection (a)'';
(2) by striking ``may direct:'' and all that follows through
``That the Secretary of Agriculture'' and inserting ``may
direct. The Secretary of Agriculture''; and
(3) by adding at the end the following new subsection:
``(c) Any portion of the balance at the end of a fiscal year in the
special fund established pursuant to this section that the Secretary of
Agriculture determines to be in excess of the cost of doing work
described in subsection (a) (as well as any portion
[[Page 118 STAT. 3097]]
of the balance in the special fund that the Secretary determined, before
October 1, 2004, to be excess of the cost of doing work described in
subsection (a), but which has not been transferred by that date) shall
be transferred to miscellaneous receipts, National Forest Fund, as a
National Forest receipt, but only if the Secretary also determines
that--
``(1) the excess amounts will not be needed for emergency
wildfire suppression during the fiscal year in which the
transfer would be made; and
``(2) the amount to be transferred to miscellaneous
receipts, National Forest Fund, exceeds the outstanding balance
of unreimbursed funds transferred from the special fund in prior
fiscal years for wildfire suppression.''.
Sec. 319. <<NOTE: 16 USC 460l-6a note.>> A project undertaken by the
Forest Service under the Recreation Fee Demonstration Program as
authorized by section 315 of the Department of the Interior and Related
Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not
result in--
(1) displacement of the holder of an authorization to
provide commercial recreation services on Federal lands. Prior
to initiating any project, the Secretary shall consult with
potentially affected holders to determine what impacts the
project may have on the holders. Any modifications to the
authorization shall be made within the terms and conditions of
the authorization and authorities of the impacted agency; and
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided in
the past by a private sector provider, except when--
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its
relationship with the agency; or
(C) the agency revokes the permit for non-compliance
with the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee Demonstration
Program to provide for operations until a subsequent operator can be
found through the offering of a new prospectus.
Sec. 320. <<NOTE: 16 USC 1604 note.>> Prior to October 1, 2005, the
Secretary of Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than
15 years have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the Secretary
from any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law:
Provided, That if the Secretary is not acting expeditiously and in good
faith, within the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with respect to such
plan and a court of proper jurisdiction may order completion of the plan
on an accelerated basis.
Sec. 321. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are
[[Page 118 STAT. 3098]]
allowed under the Presidential proclamation establishing such monument.
Sec. 322. Extension of Forest Service Conveyances Pilot Program.--
Section 329 of the Department of the Interior and Related Agencies
Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is
amended--
(1) in subsection (b), by striking ``30'' and inserting
``40'';
(2) in subsection (c) by striking ``8'' and inserting
``13''; and
(3) in subsection (d), by striking ``2007'' and inserting
``2008''.
Sec. 323. Section 3(c) of the Harriet Tubman Special Resource Study
Act (Public Law 106-516; 114 Stat. 2405) is amended by striking
``section 8 of section 8'' and inserting ``section 8.''.
Sec. 324. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m)
the Secretary of Agriculture and the Secretary of the Interior are
authorized to enter into reciprocal agreements in which the individuals
furnished under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the country
receiving said services when the individuals are engaged in fire
suppression: Provided, That the Secretary of Agriculture or the
Secretary of the Interior shall not enter into any agreement under this
provision unless the foreign country (either directly or through its
fire organization) agrees to assume any and all liability for the acts
or omissions of American firefighters engaged in firefighting in a
foreign country: Provided further, That when an agreement is reached for
furnishing fire fighting services, the only remedies for acts or
omissions committed while fighting fires shall be those provided under
the laws of the host country, and those remedies shall be the exclusive
remedies for any claim arising out of fighting fires in a foreign
country: Provided further, That neither the sending country nor any
legal organization associated with the firefighter shall be subject to
any legal action whatsoever pertaining to or arising out of the
firefighter's role in fire suppression.
Sec. 325. Notwithstanding any other provision of law or regulation,
to promote the more efficient use of the health care funding allocation
for fiscal year 2005, the Eagle Butte Service Unit of the Indian Health
Service, at the request of the Cheyenne River Sioux Tribe, may pay base
salary rates to health professionals up to the highest grade and step
available to a physician, pharmacist, or other health professional and
may pay a recruitment or retention bonus of up to 25 percent above the
base pay rate.
Sec. 326. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 327. None of the funds in this Act may be used to prepare or
issue a permit or lease for oil or gas drilling in the Finger Lakes
National Forest, New York, during fiscal year 2005.
Sec. 328. In awarding a Federal contract with funds made available
by this Act, the Secretary of Agriculture and the Secretary of the
Interior (the ``Secretaries'') may, in evaluating bids and proposals,
give consideration to local contractors who are from,
[[Page 118 STAT. 3099]]
and who provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community, including
those historically timber-dependent areas that have been affected by
reduced timber harvesting on Federal lands and other forest-dependent
rural communities isolated from significant alternative employment
opportunities: Provided, That notwithstanding Federal Government
procurement and contracting laws the Secretaries may award contracts,
grants or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or disadvantaged business: Provided
further, That the contract, grant, or cooperative agreement is for
forest hazardous fuels reduction, watershed or water quality monitoring
or restoration, wildlife or fish population monitoring, or habitat
restoration or management: Provided further, That the terms ``rural
community'' and ``economically disadvantaged'' shall have the same
meanings as in section 2374 of Public Law 101-624: Provided further,
That the Secretaries shall develop guidance to implement this section:
Provided further, That nothing in this section shall be construed as
relieving the Secretaries of any duty under applicable procurement laws,
except as provided in this section.
Sec. 329. No funds appropriated in this Act for the acquisition of
lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations: Provided,
That this provision shall not apply to funds appropriated to implement
the Everglades National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of Florida to
acquire lands for Everglades restoration purposes.
Sec. 330. Section 338 of Public Law 108-108 <<NOTE: 117 Stat.
1314.>> is amended by striking ``2003'' and inserting ``2004''.
Sec. 331. Section 315 of the Department of the Interior and Related
Agencies Appropriations Act, 1996 (as contained in section 101(c) of
Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a note), is
amended--
(1) in subsection (b), by inserting ``subject to subsection
(g) but'' before ``notwithstanding'' in the matter preceding
paragraph (1); and
(2) by adding at the end the following new subsection:
``(g) The Secretary of Agriculture may not charge or collect fees
under this section for the following:
``(1) Admission to a unit of the National Forest System (as
defined in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
``(2) The use either singly or in any combination, of the
following--
``(A) undesignated parking along roads;
``(B) overlook sites or scenic pullouts;
``(C) information offices and centers that only
provide general area information and limited services or
interpretive exhibits; and
``(D) dispersed areas for which expenditures in
facilities or services are limited.''.
Sec. 332. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of Energy or the Department of the Interior
[[Page 118 STAT. 3100]]
for fiscal year 2005, not more than the maximum amount specified
in paragraph (2) may be used by the Secretary of Energy or the
Secretary of the Interior to initiate or continue competitive
sourcing studies in fiscal year 2005 for programs, projects, and
activities for which funds are appropriated by this Act until
such time as the Secretary concerned submits a reprogramming
proposal to the Committees on Appropriations of the Senate and
the House of Representatives, and such proposal has been
processed consistent with the reprogramming guidelines in House
Report 108-330.
(2) For the purposes of paragraph (1) the maximum amount--
(A) with respect to the Department of Energy is
$500,000; and
(B) with respect to the Department of the Interior
is $3,250,000.
(3) Of the funds appropriated by this Act, not more than
$2,000,000 may be used in fiscal year 2005 for competitive
sourcing studies and related activities by the Forest Service.
(b) Competitive Sourcing Study Defined.--In this section, the term
``competitive sourcing study'' means a study on subjecting work
performed by Federal Government employees or private contractors to
public-private competition or on converting the Federal Government
employees or the work performed by such employees to private contractor
performance under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
(c) Section 340(b) of Public Law 108-108 <<NOTE: 31 USC 501
note.>> is hereby repealed.
(d) Competitive Sourcing Exemption for Forest Service Studies
Conducted Prior to Fiscal Year 2005.--Notwithstanding requirements of
Office of Management and Budget Circular A-76, Attachment B, the Forest
Service is hereby exempted from implementing the Letter of Obligation
and post-competition accountability guidelines where a competitive
sourcing study involved 65 or fewer full-time equivalents, the
performance decision was made in favor of the agency provider; no net
savings was achieved by conducting the study, and the study was
completed prior to the date of this Act.
(e) In preparing any reports to the Committees on Appropriations on
competitive sourcing activities, agencies funded in this Act shall
include the incremental cost directly attributable to conducting the
competitive sourcing competitions, including costs attributable to
paying outside consultants and contractors and, in accordance with full
cost accounting principles, all costs attributable to developing,
implementing, supporting, managing, monitoring, and reporting on
competitive sourcing, including personnel, consultant, travel, and
training costs associated with program management.
Sec. 333. Estimated overhead charges, deductions, reserves or
holdbacks from programs, projects and activities to support
governmentwide, departmental, agency or bureau administrative functions
or headquarters, regional or central office operations shall be
presented in annual budget justifications. Changes to such estimates
shall be presented to the Committees on Appropriations for approval.
[[Page 118 STAT. 3101]]
Sec. 334. None of the funds in this Act or prior Acts making
appropriations for the Department of the Interior and Related Agencies
may be provided to the managing partners or their agents for the SAFECOM
or Disaster Management projects.
Sec. 335. Conveyance of a Small Parcel of Public Domain Land in the
San Bernardino National Forest in the State of California. (a)
Findings.--The Congress finds that--
(1) a select area of the San Bernardino National Forest in
California is heavily developed with recreation residences and
is immediately adjacent to comparably developed private
property;
(2) it is in the public interest to convey the above
referenced area to the owners of the recreation residences; and
(3) the Secretary of Agriculture should use the proceeds of
such conveyance for critical San Bernardino National Forest
infrastructure improvements or to acquire additional lands
within the boundaries of the San Bernardino National Forest.
(b) Conveyance Required.--Subject to valid existing rights and such
terms, conditions, and restrictions as the Secretary deems necessary or
desirable in the public interest, the Secretary of Agriculture shall
convey to the Mill Creek Homeowners Association (hereinafter
Association) all right, title, and interest of the United States in and
to the Mill Creek parcel of real estate described in subsection
(c)(1). <<NOTE: Expiration date.>> In the event the Secretary and the
Association for any reason do not complete the sale within 2 years from
the date of enactment of this Act, this authority shall expire.
(c) Legal Description and Correction Authority.--
(1) <<NOTE: California.>> Description.--The Mill Creek
parcel, approximately 35 acres, as shown on a map ``The Mill
Creek Conveyance Parcel--San Bernardino National Forest, dated
June 1, 2004'' generally located in the northeast quarter of
Section 8, T.1S., R.1W., San Bernardino Meridian, of the United
States Public Lands Survey System, California. The map shall be
on file and available for inspection in the office of the Chief,
Forest Service, Washington, DC and in the office of the Forest
Supervisor, San Bernardino National Forest until such time as
the lands are conveyed.
(2) Corrections.--The Secretary is authorized to make minor
corrections to this map and may modify the description to
correct errors or to reconfigure the property in order to
facilitate conveyance. In the event of a conflict between the
map description and the USPLSS description of the land in
paragraph (1), the map will be considered the definitive
description of the land.
(d) Consideration.--Consideration for the conveyance under
subsection (b) shall be equal to the appraised fair market value of the
parcel of real property to be conveyed. Such appraisal shall be prepared
in conformity with the Uniform Appraisal Standards for Federal Land
Acquisition.
(e) Access Requirements.--Notwithstanding section 1323(a) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or
any other law, the Secretary is not required to provide access over
National Forest System lands to the parcel of real estate to be conveyed
under subsection (b).
(f) Administrative Costs.--All costs incurred by the Secretary of
Agriculture and any costs associated with the creation of a subdivided
parcel, conducting and recordation of a survey, zoning,
[[Page 118 STAT. 3102]]
planning approval, and similar expenses with respect to the conveyance
under subsection (b), shall be borne by the Association.
(g) Assumption of Liability.--By acceptance of the conveyance of the
parcel of real property referred to in subsection (b), the Association
and its successors and assigns will indemnify and hold harmless the
United States for any and all liability to any party that is associated
with the parcel.
(h) Treatment of Receipts.--All funds received pursuant to the
conveyance of the parcel of real property referred to in subsection (b)
shall be deposited in the fund established under Public Law 90-171 (16
U.S.C. 484a; commonly known as the Sisk Act), and the funds shall remain
available to the Secretary, until expended, for critical San Bernardino
National Forest infrastructure improvements or the acquisition of lands,
waters, and interests in land for inclusion in the San Bernardino
National Forest.
Sec. 336. Section 331 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996),
is amended--
(1) in subsection (a), by striking ``Until September 30,
2004, the'' and inserting ``The''; and
(2) by adding at the end the following new subsections:
``(d) Inclusion of Colorado BLM Lands.--The authority provided by
this section shall also be available to the Secretary of the Interior
with respect to public lands in the State of Colorado administered by
the Secretary through the Bureau of Land Management.
``(e) Expiration of Authority.--The authority of the Secretary of
Agriculture and the Secretary of the Interior to enter into cooperative
agreements and contracts under this section expires September 30, 2009,
and the term of any cooperative agreement or contract entered into under
this section shall not extend beyond that date.''.
Sec. 337. Federal and State Cooperative Forest, Rangeland, and
Watershed Restoration in Utah. (a) Authority.--Until September 30, 2006,
the Secretary of Agriculture, via cooperative agreement or contract
(including sole source contract) as appropriate, may permit the State
Forester of the State of Utah to perform forest, rangeland, and
watershed restoration services on National Forest System lands in the
State of Utah. Restoration services provided are to be on a project to
project basis as planned or made ready for implementation under existing
authorities of the Forest Service. The types of restoration services
that may be contracted under this authority include treatment of insect
infected trees, reduction of hazardous fuels, and other activities to
restore or improve forest, rangeland, and watershed health including
fish and wildlife habitat.
(b) State as Agent.--Except as provided in subsection (c), a
cooperative agreement or contract under subsection (a) may authorize the
State Forester of the State of Utah to serve as agent for the Forest
Service in providing services necessary to facilitate the performance
and treatment of insect infested trees, reduction of hazardous fuels,
and to restore or improve forest, rangeland, and watershed health
including fish and wildlife habitat under subsection (a). The services
to be performed by the State Forester of Utah may be conducted with
subcontracts utilizing State of Utah contract procedures. Subsections
(d) and (g) of section 14 of the National Forest Management Act of 1976
(16 U.S.C.
[[Page 118 STAT. 3103]]
472a) shall not apply to services performed under a cooperative
agreement or contract under subsection (a).
(c) Retention of NEPA Responsibilities.--With respect to any
treatment activity to restore and improve forest, rangeland, and
watershed health including fish and wildlife habitat services on
National Forest System lands programmed for treatment by the State
Forester of the State of Utah under subsection (a), any decision
required to be made under the National Environmental Policy Act of 1969
(42 U.S.C. 4821 et seq.) may not be delegated to any officer or employee
of the State of Utah.
Sec. 338. (a) In General.--An entity that enters into a contract
with the United States to operate the National Recreation Reservation
Service (as solicited by the solicitation numbered WO-04-06vm) shall not
carry out any duties under the contract using:
(1) a contact center located outside the United States; or
(2) a reservation agent who does not live in the United
States.
(b) No Waiver.--The Secretary of Agriculture may not waive the
requirements of subsection (a).
(c) Telecommuting.--A reservation agent who is carrying out duties
under the contract described in subsection (a) may not telecommute from
a location outside the United States.
(d) Limitations.--Nothing in this Act shall be construed to apply to
any employee of the entity who is not a reservation agent carrying out
the duties under the contract described in subsection (a) or who
provides managerial or support services.
Sec. 339. For fiscal years 2005 through 2007, a decision made by the
Secretary of Agriculture to authorize grazing on an allotment shall be
categorically excluded from documentation in an environmental assessment
or an environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) if: (1) the decision
continues current grazing management of the allotment; (2) monitoring
indicates that current grazing management is meeting, or satisfactorily
moving toward, objectives in the land and resource management plan, as
determined by the Secretary; and (3) the decision is consistent with
agency policy concerning extraordinary circumstances. The total number
of allotments that may be categorically excluded under this section may
not exceed 900.
Sec. 340. Salmon River Commercial Outfitter Hunting Camps. Section
3(a)(24) of Public Law 90-542 (16 U.S.C. 1274) is amended to add the
following after paragraph (C) and redesignate subsequent paragraphs
accordingly:
``(D) The established use and occupancy as of June
6, 2003, of lands and maintenance or replacement of
facilities and structures for commercial recreation
services at Stub Creek located in section 28, T24N,
R14E, Boise Principal Meridian, at Arctic Creek located
in section 21, T25N, R12E, Boise Principal Meridian and
at Smith Gulch located in section 27, T25N, R12E, Boise
Principal Meridian shall continue to be authorized,
subject to such reasonable regulation as the Secretary
deems appropriate, including rules that would provide
for termination for non-compliance, and if terminated,
reoffering the site through a competitive process.''.
Sec. 341. (a) In General.--
[[Page 118 STAT. 3104]]
(1) <<NOTE: Grants. Nevada.>> The Secretary of Agriculture
and the Secretary of the Interior are authorized to make grants
to the Eastern Nevada Landscape Coalition for the study and
restoration of rangeland and other lands in Nevada's Great Basin
in order to help assure the reduction of hazardous fuels and for
related purposes.
(2) Notwithstanding <<NOTE: Contracts.>> 31 U.S.C. 6301-
6308, the Director of the Bureau of Land Management shall enter
into a cooperative agreement with the Eastern Nevada Landscape
Coalition for the Great Basin Restoration Project, including
hazardous fuels and mechanical treatments and related work.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Sec. 342. <<NOTE: Alaska.>> (a) Findings.--
(1) In 1953, Public Land Order 899 (PLO 899) eliminated
approximately 80 acres from the Tongass National Forest, for the
Community of Elfin Cove, Alaska. From 1953 until 2001, the USDA
Forest Service believed two small islets within the Elfin Cove
Harbor (Lots 1 and 2 of U.S. Survey 13150, approximately 0.29
acres) were included as part of PLO 899. However, due to a
Bureau of Land Management rule in effect when PLO 899 was
issued, ownership of unsurveyed, unmapped islets remained with
the original landowner, in this case the United States.
(2) These two islets are needed by the Community of Elfin
Cove to resolve public health and safety problems.
(3) The two islets serve no national forest purposes, but
the Forest Service has no authority to transfer ownership of
them to the Community of Elfin Cove, without receiving fair
market value for the land interests.
(4) Neither the Bureau of Land Management nor the Forest
Service intended to retain Federal ownership of these two
islets, and they remained in ownership of the United States only
through an inadvertent error.
(5) Conveyance of these two islets from the United States to
the Community of Elfin Cove, Alaska, without consideration, is
in the public interest.
(b) Based on the findings in subsection (a) and notwithstanding any
other provision of law, Congress hereby authorizes and directs the
Secretary of Agriculture to convey in fee simple without compensation,
Lots 1 and 2 of U.S. Survey 13150, comprising approximately 0.29 acres,
to the Community of Elfin Cove, Alaska.
Sec. 343. (a) Notwithstanding any other provision of law, and until
October 1, 2007, the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native village
corporation under any contract or compact entered into prior to May 1,
2004, or to prohibit the renewal of any such agreement.
(c) For the purpose <<NOTE: Health and health care.>> of this
section, Eastern Aleutian Tribes, Inc., shall be treated as an Alaska
Native regional health entity to whom funds may be disbursed under this
section.
[[Page 118 STAT. 3105]]
Sec. 344. <<NOTE: Deadline. Real property.>> Notwithstanding any
other provision of law and using funds previously appropriated for such
purpose under Public Law 106-291 ($1,630,000) and Public Law 108-199
($2,300,000), the National Park Service shall (1) not later than 60 days
after enactment of this section purchase the seven parcels of real
property in Seward, Alaska identified by Kenai Peninsula tax
identification numbers 14910001, 14910002, 14911033, 14913005, 14913020,
14913007, and 14913008 that have been selected for the administrative
complex, visitor facility, plaza and related parking for the Kenai
Fjords National Park and Chugach National Forest which shall hereafter
be known as the Mary Lowell Center; and (2) transfer to the City of
Seward any remaining balance of previously appropriated funds not
necessary for property acquisition and design upon the vacation by the
City of Seward of Washington Street between 4th Avenue and 5th Avenue
and transfer of title of the appropriate portions thereof to the Federal
Government, provided that the City of Seward uses any such funds for the
related waterfront planning, pavilions, boardwalks, trails, or related
purposes that compliment the new Federal facility.
Sec. 345. Section 331, of Public Law 106-113, <<NOTE: 16 USC 497
note.>> is amended--
(1) in part (a) by striking ``2004'' and inserting ``2005'';
and
(2) in part (b) by striking ``2004'' and inserting ``2005''.
Sec. 346. Federal Building, Sandpoint, Idaho. (a) Definitions.--In
this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Map.--The term ``map'' means the map that is--
(A) entitled ``Sandpoint Federal Building'';
(B) dated September 12, 2002; and
(C) on file in--
(i) the Office of the Chief of the Forest
Service; and
(ii) the Office of the Supervisor, Idaho
National Forests, Coeur d'Alene, Idaho.
(3) Property.--The term ``property'' means the Sandpoint
Federal Building and approximately 3.17 acres of land in
Sandpoint, Idaho, as depicted on the map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Conveyance of Property.--
(1) In general.--Notwithstanding subtitle I of title 40,
United States Code, the Administrator may convey to the
Secretary, all right, title, and interest of the United States
in and to the property.
(2) Conditions.--The conveyance of the property under
paragraph (1) shall be on a noncompetitive basis, for
consideration, and subject to any other terms and conditions to
which the Administrator and the Secretary may agree, including a
purchase period with multiple payments over multiple fiscal
years.
(3) Source of funds.--The Secretary may use amounts made
available to the Forest Service for any of fiscal years 2005
through 2010 to acquire the property under paragraph (1).
(c) Sale or Exchange of Property.--
[[Page 118 STAT. 3106]]
(1) In general.--Subject to paragraph (2), the Secretary may
use, maintain, lease, sublease, sell, or exchange all or part of
the property.
(2) Terms.--The sale or exchange of the property under
paragraph (1) shall be for market value and subject to such
terms as the Secretary determines to be in the public interest.
(3) Method of sale or exchange.--The sale or exchange of the
property under paragraph (1) may be on a competitive or
noncompetitive basis.
(4) Consideration.--Consideration for the sale or exchange
of the property may be in the form of cash, land, or
improvements (including improvements to be constructed after the
date of the sale or exchange).
(3) Disposition and use of proceeds.--
(A) Disposition of proceeds.--The Secretary shall
deposit the proceeds derived from any lease, sublease,
sale, exchange, or any other use or disposition of the
property in the fund established by Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited under
subparagraph (A) shall be available to the Secretary,
without further appropriation, until expended, for the
construction and maintenance of Forest Service offices
and related facilities on National Forest System land in
the vicinity of Sandpoint, Idaho.
Sec. 347. <<NOTE: Chris Zajicek Memorial Land Exchange Act of
2004.>> (a) Short Title.--This section may be cited as the ``Chris
Zajicek Memorial Land Exchange Act of 2004''.
(b) National Forest System Land Exchange in the State of Florida.--
(1) In general.--Notwithstanding the effect of the wildfire
known as the ``Impassable 1 Fire'' on the value of the land to
be exchanged, the Secretary of Agriculture (acting through the
Chief of the Forest Service) may carry out the exchange
agreement entered into by the Forest Service and the Board of
Trustees of the Internal Improvement Trust Fund of the State of
Florida and dated March 5, 2004.
(2) Valuation.--For purposes of determining the value of the
land to be exchanged under paragraph (1), the value of the land
shall be considered to be the value of the land determined by
the appraisal conducted on August 21, 2003.
Sec. 348. <<NOTE: Grey Towers National Historic Site Act of
2004. Pennsylvania. 16 USC 461 note.>> (a) Short Title.--This section
may be cited as the ``Grey Towers National Historic Site Act of 2004''.
(b) Findings; Purposes; Definitions.--
(1) Findings.--Congress finds the following:
(A) <<NOTE: James Pinchot. Mary Pinchot.>> James and
Mary Pinchot constructed a home and estate that is known
as Grey Towers in Milford, Pennsylvania.
(B) James and Mary Pinchot were also the progenitors
of a family of notable accomplishment in the history of
the Commonwealth of Pennsylvania and the Nation, in
particular, their son, Gifford Pinchot.
(C) <<NOTE: Gifford Pinchot.>> Gifford Pinchot was
the first Chief of the Forest Service, a major influence
in formulating and implementing forest conservation
policies in the early 20th Century, and twice Governor
of Pennsylvania.
(D) During the early 20th century, James and Gifford
Pinchot used Grey Towers and the environs to establish
[[Page 118 STAT. 3107]]
scientific forestry, to develop conservation leaders,
and to formulate conservation principles, thus making
this site one of the primary birthplaces of the American
conservation movement.
(E) <<NOTE: Gifford Bryce Pinchot. Cornelia
Pinchot.>> In 1963, Gifford Bryce Pinchot, the son of
Gifford and Cornelia Pinchot, donated Grey Towers and
102 acres to the Nation.
(F) In 1963, <<NOTE: John F. Kennedy.>> President
John F. Kennedy dedicated the Pinchot Institute for
Conservation for the greater knowledge of land and its
uses at Grey Towers National Historic Landmark, thereby
establishing a partnership between the public and
private sectors.
(G) Grey Towers today is a place of historical
significance where leaders in natural resource
conservation meet, study, and share ideas, analyses,
values, and philosophies, and is also a place where the
public can learn and appreciate our conservation
heritage.
(H) As established by President Kennedy, the Pinchot
Institute for Conservation, and the Forest Service at
Grey Towers operate through an established partnership
in developing and delivering programs that carry on
Gifford Pinchot's conservation legacy.
(I) Grey Towers and associated structures in and
around Milford, Pennsylvania, can serve to enhance
regional recreational and educational opportunities.
(2) Purposes.--The purposes of this section are as follows:
(A) To honor and perpetuate the memory of Gifford
Pinchot.
(B) To promote the recreational and educational
resources of Milford, Pennsylvania, and its environs.
(C) To authorize the Secretary of Agriculture--
(i) to further the scientific, policy
analysis, educational, and cultural programs in
natural resource conservation at Grey Towers;
(ii) to manage the property and environs more
efficiently and effectively; and
(iii) to further collaborative ties with the
Pinchot Institute for Conservation, and other
Federal, State, and local agencies with shared
interests.
(3) Definitions.--For the purposes of this section:
(A) Associated properties.--The term ``Associated
Properties'' means lands and improvements outside of the
Grey Towers National Historic Landmark within Pike
County, Pennsylvania, and which were associated with
James and Mary Pinchot, the Yale School of Forestry, or
the Forest Service.
(B) Grey towers.--The term ``Grey Towers'' means the
buildings and surrounding area of approximately 303
acres, including the 102 acres donated in 1963 to the
United States and so designated that year.
(C) Historic site.--The term ``Historic Site'' means
the Grey Towers National Historic Site, as so designated
by this Act.
(D) Pinchot institute.--The term ``Pinchot
Institute'' means the Pinchot Institute for
Conservation, a nonprofit corporation established under
the laws of the District of Columbia.
[[Page 118 STAT. 3108]]
(E) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(c) Designation of National Historic Site.--Subject to valid
existing rights, all lands and improvements formerly encompassed within
the Grey Towers National Historic Landmark are designated as the ``Grey
Towers National Historic Site''.
(d) Administration.--
(1) Purposes.--The Historic Site shall be administered for
the following purposes:
(A) Education, public demonstration projects, and
research related to natural resource conservation,
protection, management, and use.
(B) Leadership development within the natural
resource professions and the Federal civil service.
(C) Continuing Gifford Pinchot's legacy through
pursuit of new ideas, strategies, and solutions to
natural resource issues that include economic,
ecological, and social values.
(D) Preservation, use, and maintenance of the
buildings, grounds, facilities, and archives associated
with Gifford Pinchot.
(E) Study and interpretation of the life and works
of Gifford Pinchot.
(F) Public recreation and enjoyment.
(G) Protection and enjoyment of the scenic and
natural environs.
(2) Applicable laws.-- <<NOTE: National Forest
System. Public lands.>> The Secretary shall administer federally
owned lands and interests in lands at the Historic Site and
Associated Properties as components of the National Forest
System in accordance with this Act, 16 U.S.C. 461 et seq. and
other laws generally applicable to the administration of
national historic sites, and the laws, rules, and regulations
applicable to the National Forest System, except that the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.) shall not apply.
(3) Land acquisition.--The Secretary is authorized to
acquire, on a willing seller basis, by purchase, donation,
exchange, or otherwise, privately owned lands and interests in
lands, including improvements, within the Historic Site and the
Associated Properties, using donated or appropriated funds.
(4) Gifts.--
(A) Accepted by entities other than the secretary.--
Subject to such terms and conditions as the Secretary
may prescribe, any public or private agency,
organization, institution, or individual may solicit,
accept, and administer private gifts of money and real
or personal property for the benefit of or in connection
with, the activities and services at the Historic Site.
(B) Accepted by the secretary.--Gifts may be
accepted by the Secretary for the benefit of or in
connection with, the activities and services at the
Historic Site notwithstanding the fact that a donor
conducts business with or is regulated by the Department
of Agriculture in any capacity.
(e) Cooperative Authorities.--
(1) Grants, contracts, and cooperative agreements.--The
Secretary is authorized to enter into Agreements for grants,
contracts, and cooperative agreements as appropriate with the
[[Page 118 STAT. 3109]]
Pinchot Institute, public and other private agencies,
organizations, institutions, and individuals to provide for the
development, administration, maintenance, or restoration of
land, facilities, or Forest Service programs at Grey Towers or
to otherwise further the purposes of this section.
(2) Interdepartmental.--The Secretary and the Secretary of
the Interior are authorized and encouraged to cooperate in
promoting public use and enjoyment of Grey Towers and the
Delaware Water Gap National Recreation Area and in otherwise
furthering the administration and purposes for which both areas
were designated. Such cooperation may include colocation and use
of facilities within Associated Properties and elsewhere.
(3) Other.--The Secretary may authorize use of the grounds
and facilities of Grey Towers by the Pinchot Institute and other
participating partners including Federal, State, and local
agencies, on such terms and conditions as the Secretary may
prescribe, including the waiver of special use authorizations
and the waiver of rental and use fees.
(f) Funds.--
(1) Fees and charges.--The Secretary may impose reasonable
fees and charges for admission to and use of facilities on Grey
Towers.
(2) Special fund.--Any monies received by the Forest Service
in administering Grey Towers shall be deposited into the
Treasury of the United States and covered in a special fund
called the Grey Towers National Historic Site Fund. Monies in
the Grey Towers National Historic Site Fund shall be available
until expended, without further appropriation, for support of
programs of Grey Towers, and any other expenses incurred in the
administration of Grey Towers.
(g) Map.--The Secretary shall produce and keep for public inspection
a map of the Historic Site and associated properties within Pike County,
Pennsylvania, which were associated with James and Mary Pinchot, the
Yale School of Forestry, or the Forest Service.
(h) Savings Provision.--Nothing in this section shall be deemed to
diminish the authorities of the Secretary under the Cooperative Forestry
Assistance Act or any other law pertaining to the National Forest
System.
Sec. 349. <<NOTE: Montana National Forests Boundary Adjustment Act
of 2004.>> (a) Short Title.--This section may be cited as the ``Montana
National Forests Boundary Adjustment Act of 2004''.
(b) Definitions.--In this section:
(1) Forests.--The term ``Forests'' means the Helena National
Forest, Lolo National Forest, and Beaverhead-Deerlodge National
Forest in the State of Montana.
(2) Map.--The term ``map'' means--
(A) the map entitled ``Helena National Forest
Boundary Adjustment Northern Region, USDA Forest
Service'' and dated September 13, 2004;
(B) the map entitled ``Lolo National Forest Boundary
Adjustment Northern Region, USDA Forest Service'' and
dated September 13, 2004; and
(C) the map entitled ``Deerlodge National Forest
Boundary Adjustment Northern Region USDA Forest
Service'' and dated September 13, 2004.
[[Page 118 STAT. 3110]]
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(c) Helena, Lolo, and Beaverhead-Deerlodge National Forests Boundary
Adjustment.--
(1) In general.--The boundaries of the Forests are modified
as depicted on the maps.
(2) Maps.--
(A) Availability.--The maps shall be on file and
available for public inspection in--
(i) the Office of the Chief of the Forest
Service; and
(ii) the office of the Regional Forester,
Missoula, Montana.
(B) Correction authority.--The Secretary may make
technical corrections to the maps.
(3) Administration.--Any land or interest in land acquired
within the boundaries of the Forests for National Forest System
purposes shall be managed in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(B) the laws (including regulations) applicable to
the National Forest System.
(4) Land and water conservation fund.--For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Forests, as adjusted
under paragraph (1), shall be considered to be the boundaries of
the Forests as of January 1, 1965.
(5) Effect.--Nothing in this section limits the authority of
the Secretary to adjust the boundaries of the Forests under
section 11 of the Act of March 1, 1911 (16 U.S.C. 521).
Sec. 350. In addition <<NOTE: Illinois. Grant.>> to amounts provided
to the Department of the Interior in this Act, $5,000,000 is provided
for a grant to Kendall County, Illinois.
TITLE IV--SUPPLEMENTAL APPROPRIATIONS FOR URGENT WILDLAND FIRE
SUPPRESSION ACTIVITIES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
For an additional amount for ``Wildland Fire Management'',
$100,000,000, to remain available until expended, for urgent wildland
fire suppression activities pursuant to section 312 of S. Con. Res. 95
(108th Congress) as made applicable to the House of Representatives by
H. Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287: Provided, That such funds shall only become
available if funds provided for wildland fire suppression in title I of
this Act will be exhausted imminently and the Secretary of the Interior
notifies the House and Senate Committees on Appropriations and the House
and Senate Committees on the Budget in writing of the need for these
additional funds: Provided further, That such funds are also available
for repayment to other appropriation accounts from which funds were
transferred for <<NOTE: Reports. Deadline.>> wildfire suppression:
Provided further, That cost containment measures shall be implemented
within this
[[Page 118 STAT. 3111]]
account for fiscal year 2005, and the Secretary of the Interior and the
Secretary of Agriculture shall submit a joint report to the Committees
on Appropriations of the Senate and the House of Representatives on such
cost containment measures by December 31, 2005: Provided further, That
Public Law 108-287, title X, chapter 3 is amended under the heading
``Department of the Interior, Bureau of Land Management, Wildland Fire
Management'', <<NOTE: Ante, p. 1012.>> by striking the phrases ``for
fiscal year 2004'' and ``related to the fiscal year 2004 fire season''
in the text preceding the first proviso.
DEPARTMENT OF AGRICULTURE
Forest Service
WILDLAND FIRE MANAGEMENT
For an additional amount for ``Wildland Fire Management'',
$400,000,000, to remain available until expended, for urgent wildland
fire suppression activities pursuant to section 312 of S. Con. Res.
95 <<NOTE: Applicability.>> (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 <<NOTE: Applicability.>> 108-287: Provided, That such funds shall
only become available if funds provided for wildland fire suppression in
title II of this Act will be exhausted imminently and the Secretary of
Agriculture notifies the House and Senate Committees on Appropriations
and the House and Senate Committees on the Budget in writing of the need
for these additional funds: Provided further, That such funds are also
available for repayment to other appropriation accounts from which funds
were transferred for wildfire <<NOTE: Reports. Deadline.>> suppression:
Provided further, That cost containment measures shall be implemented
within this account for fiscal year 2005, and the Secretary of
Agriculture and the Secretary of the Interior shall submit a joint
report to the Committees on Appropriations of the Senate and the House
of Representatives on such cost containment measures by December 31,
2005: Provided further, That <<NOTE: Establishment. Reports.>> the
Secretary of Agriculture shall establish an independent cost-control
review panel to examine and report on fire suppression costs for
individual wildfire incidents that exceed $10,000,000 in cost: Provided
further, That if the independent review panel report finds that
appropriate actions were not taken to control suppression costs for one
or more such wildfire incidents, then an amount equal to the aggregate
estimated excess costs of suppressing those wildfire incidents shall be
transferred to the Treasury from unobligated balances remaining at the
end of fiscal year 2005 in the Wildland Fire Management account:
Provided further, That Public Law 108-287, title X, chapter 3 is amended
under the heading ``Department of Agriculture, Forest Service, Wildland
Fire Management'', by <<NOTE: Ante, p. 1012.>> striking the phrases
``for fiscal year 2004'' and ``related to the fiscal year 2004 fire
season'' in the text preceding the first proviso.
TITLE V
Sec. 501. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 0.594 percent of--
(1) the budget authority provided for fiscal year 2005 for
any discretionary account in this Act; and
[[Page 118 STAT. 3112]]
(2) the budget authority provided in any advance
appropriation for fiscal year 2005 for any discretionary account
in the Department of the Interior and Related Agencies
Appropriations Act, 2004.
(b) Proportionate Application.--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).
(c) Indian <<NOTE: Applicability.>> Land and Water Claim
Settlements.--Under the heading ``Bureau of Indian Affairs, Indian Land
and Water Claim Settlements and Miscellaneous Payments to Indians'', the
across-the-board rescission in this section, and any subsequent across-
the-board rescission for fiscal year 2005, shall apply only to the first
dollar amount in the paragraph and the distribution of the rescission
shall be at the discretion of the Secretary of the Interior who shall
submit a report on such distribution and the rationale therefor to the
House and Senate Committees on Appropriations.
This division may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2005''.
DIVISION <<NOTE: Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2005.>> F--
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE <<NOTE: Department of Labor Appropriations Act, 2005.>> I--
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Services
(including rescission)
For necessary expenses of the Workforce Investment Act of 1998,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
such Act; $2,898,957,000 plus reimbursements, of which $1,885,794,000 is
available for obligation for the period July 1, 2005 through June 30,
2006; except that amounts determined by the Secretary of Labor to be
necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act shall
be available from October 1, 2004 until expended; of which $994,242,000
is available for obligation for the period April 1, 2005 through June
30, 2006, to carry out chapter 4 of the Act; and of which $16,321,000 is
available for the period July 1, 2005 through June 30, 2008 for
necessary expenses of construction, rehabilitation, and acquisition of
Job Corps centers: Provided, That notwithstanding any other provision of
law, of the funds provided herein under section 137(c) of the Workforce
Investment Act of 1998, $283,371,000 shall be for activities described
in section 132(a)(2)(A) of such Act and $1,196,048,000 shall be for
activities described in section
[[Page 118 STAT. 3113]]
132(a)(2)(B) of such Act: Provided further, That $250,000,000 shall be
available for Community-Based Job Training Grants, of which $125,000,000
shall be from funds reserved under section 132(a)(2)(A) of the Workforce
Investment Act of 1998 and shall be used to carry out such grants under
section 171(d) of such Act, except that the 10 percent limitation
otherwise applicable to the amount of funds that may be used to carry
out section 171(d) shall not be applicable to funds used for Community-
Based Job Training grants: Provided further, That funds provided to
carry out section 132(a)(2)(A) of the Workforce Investment Act of 1998
may be used to provide assistance to a State for State-wide or local use
in order to address cases where there have been worker dislocations
across multiple sectors or across multiple local areas and such workers
remain dislocated; coordinate the State workforce development plan with
emerging economic development needs; and train such eligible dislocated
workers: Provided further, That $8,000,000 shall be for carrying out
section 172 of the Workforce Investment Act of 1998: Provided further,
That, notwithstanding any other provision of law or related regulation,
$76,874,000 shall be for carrying out section 167 of the Workforce
Investment Act of 1998, including $71,787,000 for formula grants,
$4,583,000 for migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $504,000 for other
discretionary purposes: Provided further, That notwithstanding the
transfer limitation under section 133(b)(4) of such Act, up to 30
percent of such funds may be transferred by a local board if approved by
the Governor: Provided further, That funds provided to carry out section
171(d) of the Workforce Investment Act of 1998 may be used for
demonstration projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That funding provided
to carry out projects under section 171 of the Workforce Investment Act
of 1998 that are identified in the Conference Agreement, shall not be
subject to the requirements of section 171(b)(2)(B) of such Act, the
requirements of section 171(c)(4)(D) of such Act, the joint funding
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such Act, or
any time limit requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of
such Act: Provided further, That no funds from any other appropriation
shall be used to provide meal services at or for Job Corps centers.
For necessary expenses of the Act, including the purchase and hire
of passenger motor vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real property for
training centers as authorized by the Act; $2,463,000,000 plus
reimbursements, of which $2,363,000,000 is available for obligation for
the period October 1, 2005 through June 30, 2006, and of which
$100,000,000 is available for the period October 1, 2005 through June
30, 2008, for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers.
Of the funds provided under this heading in Public Law 108-199 for
the Employment and Training Administration, $2,200,000 shall be for a
non-competitive <<NOTE: Grants. Deadline.>> grant to the AFL-CIO
Appalachian Council, Incorporated, and shall be awarded no later than
January 31, 2005.
Of the funds provided under this heading in Public Law 108-199 for
the Employment and Training Administration $1,500,000 shall be for a
non-competitive <<NOTE: Grants. Deadline.>> grant to the AFL-CIO Working
[[Page 118 STAT. 3114]]
for America Institute, and shall be awarded no later than January 31,
2005.
Of the funds provided under this heading in Public Law 108-199 for
the Employment and Training Administration, $4,000,000 shall be for a
non-competitive <<NOTE: Grants. Religion. Deadline.>> grant to the Black
Clergy of Philadelphia and Vicinity, and shall be awarded no later than
January 31, 2005.
Of the funds provided under this heading in Public Law 108-199 for
the Employment and Training Administration, $2,600,000 shall be for a
non-competitive <<NOTE: Grants. Deadline.>> grant to the National Center
on Education and the Economy, and shall be awarded no later than January
31, 2005.
Notwithstanding any other provision of law, funds awarded under
grants to the State of Tennessee for Workforce Essentials, Inc., in
Clarksville, Tennessee on June 29, 2004, and to Hampton Roads on behalf
of the Hampton Roads Workforce Development Board in Norfolk, Virginia on
June 30, 2001, pursuant to section 173 of the Workforce Investment Act
of 1998 (29 U.S.C. 2918), may be used to provide services to spouses of
members of the armed forces.
The Secretary of Labor shall take no action to amend, through
regulatory or administration action, the definition established in 20
CFR 667.220 for functions and activities under title I of the Workforce
Investment Act of 1998 until such time as legislation reauthorizing the
Act is enacted.
Of the unobligated funds contained in the H-1B Nonimmigrant
Petitioner Account that are available to the Secretary of Labor pursuant
to section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $100,000,000 are rescinded.
Community Service Employment for Older Americans
To carry out title V of the Older Americans Act of 1965, as amended,
$440,200,000.
Federal Unemployment Benefits and Allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I and section 246; and for
training, allowances for job search and relocation, and related State
administrative expenses under part II of chapter 2, title II of the
Trade Act of 1974 (including the benefits and services described under
sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment Assistance
Reform Act of 2002, Public Law 107-210), $1,057,300,000, together with
such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
State Unemployment Insurance and Employment Service Operations
For authorized administrative expenses, $141,934,000, together with
not to exceed $3,524,301,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the
[[Page 118 STAT. 3115]]
Employment Security Administration Account in the Unemployment Trust
Fund including the cost of administering section 51 of the Internal
Revenue Code of 1986, as amended, section 7(d) of the Wagner-Peyser Act,
as amended, the Trade Act of 1974, as amended, the Immigration Act of
1990, and the Immigration and Nationality Act, as amended, and of which
the sums available in the allocation for activities authorized by title
III of the Social Security Act, as amended (42 U.S.C. 502-504), and the
sums available in the allocation for necessary administrative expenses
for carrying out 5 U.S.C. 8501-8523, shall be available for obligation
by the States through December 31, 2005, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2007; of which $141,934,000, together with not to
exceed $763,587,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2005
through June 30, 2006, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments for
such purpose: Provided, That to the extent that the Average Weekly
Insured Unemployment (AWIU) for fiscal year 2005 is projected by the
Department of Labor to exceed 3,227,000, an additional $28,600,000 shall
be available for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than 100,000) from
the Employment Security Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or which are
used to support the national activities of the Federal-State
unemployment insurance or immigration programs, may be obligated in
contracts, grants or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of the
Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
Advances to the Unemployment Trust Fund and Other Funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2006, $517,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2005, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
Program Administration
For expenses of administering employment and training programs,
$113,810,000, together with not to exceed $57,663,000, which
[[Page 118 STAT. 3116]]
may be expended from the Employment Security Administration Account in
the Unemployment Trust Fund.
Employee Benefits Security Administration
Salaries and Expenses
For necessary expenses for the Employee Benefits Security
Administration, $132,345,000.
Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation Fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program, including associated administrative expenses, through September
30, 2005 for such Corporation: Provided, That none of the funds
available to the Corporation for fiscal year 2005 shall be available for
obligations for administrative expenses in excess of $266,330,000:
Provided further, That obligations in excess of such amount may be
incurred after approval by the Office of Management and Budget and the
Committees on Appropriations of the House and Senate.
Employment Standards Administration
Salaries and Expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $402,305,000, together with
$2,040,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That $1,250,000 shall be for the
development of an alternative system for the electronic submission of
reports required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that is indexed and
easily searchable by the public via the Internet: Provided further, That
the Secretary of Labor is authorized to accept, retain, and spend, until
expended, in the name of the Department of Labor, all sums of money
ordered to be paid to the Secretary of Labor, in accordance with the
terms of the Consent Judgment in Civil Action No. 91-0027 of the United
States District Court for the District of the Northern Mariana Islands
(May 21, 1992): Provided further, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302, collect
and deposit in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards Act
of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under title I of the
[[Page 118 STAT. 3117]]
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
Special Benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title 5, chapter 81 of the United States Code;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; sections
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and
50 percent of the additional compensation and benefits required by
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
amended, $233,000,000, together with such amounts as may be necessary to
be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the Secretary of
Labor to reimburse an employer, who is not the employer at the time of
injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2004, shall remain available until expended
for the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United States
Code, to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration
for employees of such fair share entities through September 30, 2005:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $39,668,000 shall be made available to the
Secretary as follows: (1) for enhancement and maintenance of automated
data processing systems and telecommunications systems, $12,351,000; (2)
for automated workload processing operations, including document
imaging, centralized mail intake and medical bill processing,
$14,221,000; (3) for periodic roll management and medical review,
$13,096,000; and (4) the remaining funds shall be paid into the Treasury
as miscellaneous receipts: Provided further, That the Secretary may
require that any person filing a notice of injury or a claim for
benefits under chapter 81 of title 5, United States Code, or 33 U.S.C.
901 et seq., provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
Special Benefits for Disabled Coal Miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, (the ``Act''), $276,000,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Act, for costs incurred in
the current fiscal year, such amounts as may be necessary.
[[Page 118 STAT. 3118]]
For making benefit payments under title IV for the first quarter of
fiscal year 2006, $81,000,000, to remain available until expended.
Administrative Expenses, Energy Employees Occupational Illness
Compensation Fund
(including transfer of funds)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $40,821,000, to remain available
until expended: Provided, That the Secretary of Labor is authorized to
transfer to any executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, including within the
Department of Labor, such sums as may be necessary in fiscal year 2005
to carry out those authorities: Provided further, That the Secretary may
require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security account number) as may be prescribed.
Black Lung Disability Trust Fund
(including transfer of funds)
In fiscal year 2005 and thereafter, <<NOTE: 26 USC 9501 note.>> such
sums as may be necessary from the Black Lung Disability Trust Fund, to
remain available until expended, for payment of all benefits authorized
by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of
1954, as amended; and interest on advances, as authorized by section
9501(c)(2) of that Act. In addition, the following amounts shall be
available from the Fund for fiscal year 2005 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): $32,646,000 for transfer to the Employment Standards
Administration ``Salaries and Expenses''; $23,705,000 for transfer to
Departmental Management, ``Salaries and Expenses''; $342,000 for
transfer to Departmental Management, ``Office of Inspector General'';
and $356,000 for payments into miscellaneous receipts for the expenses
of the Department of the Treasury.
Occupational Safety and Health Administration
Salaries and Expenses
For necessary expenses for the Occupational Safety and Health
Administration, $468,109,000, including not to exceed $91,747,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, <<NOTE: 29 USC 670 note.>> notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up to $750,000
per fiscal year of training institute course tuition fees, otherwise
authorized by law to be collected, and may utilize such sums for
occupational safety and health training and education grants: Provided,
That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 2005, to collect
and retain fees for services provided
[[Page 118 STAT. 3119]]
to Nationally Recognized Testing Laboratories, and may utilize such
sums, in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART) occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24 of
that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That not less than $3,200,000 shall be used to extend funding
for the Institutional Competency Building training grants which
commenced in September 2000, for program activities for the period of
September 30, 2005 to September 30, 2006, provided that a grantee has
demonstrated satisfactory performance: Provided further, That none of
the funds appropriated under this paragraph shall be obligated or
expended to administer or enforce the provisions of 29 CFR
1910.134(f)(2) (General Industry Respiratory Protection Standard) to the
extent that such provisions require the annual fit testing (after the
initial fit testing) of respirators for occupational exposure to
tuberculosis.
[[Page 118 STAT. 3120]]
Mine Safety and Health Administration
Salaries and Expenses
For necessary expenses for the Mine Safety and Health
Administration, $281,535,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities; in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health Administration
may retain up to $1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities; <<NOTE: 30 USC 962.>> the
Secretary is authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the Mine
Safety and Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety associations; and
any funds available to the department may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
Salaries and Expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $455,045,000, together with not
to exceed $78,473,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund, of which
$5,000,000 may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $47,555,000.
Departmental Management
Salaries and Expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation, through
contracts, grants or other arrangements of Departmental activities
conducted by or through the Bureau of
[[Page 118 STAT. 3121]]
International Labor Affairs, including bilateral and multilateral
technical assistance and other international labor activities,
$323,108,000, of which, $7,000,000, to remain available until September
30, 2006, is for Frances Perkins Building Security Enhancements, and
$30,000,000 is for the acquisition of Departmental information
technology, architecture, infrastructure, equipment, software and
related needs, which will be allocated by the Department's Chief
Information Officer in accordance with the Department's capital
investment management process to assure a sound investment strategy;
together with not to exceed $314,000, which may be expended from the
Employment Security Administration Account in the Unemployment
Trust <<NOTE: 33 USC 921 note.>> Fund: Provided, That no funds made
available by this Act may be used by the Solicitor of Labor to
participate in a review in any United States court of appeals of any
decision made by the Benefits Review Board under section 21 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United States
Supreme Court in Director, Office of Workers' Compensation Programs v.
Newport News Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any
provisions to the contrary contained in Rule 15 of the Federal Rules of
Appellate Procedure: Provided further, That no funds made available by
this Act may be used by the Secretary of Labor to review a decision
under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901
et seq.) that has been appealed and that has been pending before the
Benefits Review Board for more than 12 months: Provided further, That
any such decision pending a review by the Benefits Review Board for more
than 1 year shall be considered affirmed by the Benefits Review Board on
the 1-year anniversary of the filing of the appeal, and shall be
considered the final order of the Board for purposes of obtaining a
review in the United States courts of appeals: Provided further, That
these provisions shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.).
Veterans Employment and Training
Not to exceed $195,098,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2005, of which $2,000,000 is for the
National Veterans' Employment and Training Services Institute. To carry
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and
the Veterans Workforce Investment Programs (29 U.S.C. 2913),
$29,550,000, of which $8,550,000 shall be available for obligation for
the period July 1, 2005 through June 30, 2006.
Office of Inspector General
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $64,029,000, together with not to exceed $5,561,000, which may
be expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
[[Page 118 STAT. 3122]]
Working Capital Fund
For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software infrastructure and
the costs associated with implementation thereof, $10,000,000.
General Provisions
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Labor in this Act may be transferred between a
program, project, or activity, but no such program, project, or activity
shall be increased by more than 3 percent by any such transfer:
Provided, That <<NOTE: Notification.>> the Appropriations Committees of
both Houses of Congress are notified at least 15 days in advance of any
transfer.
Sec. 103. In accordance with Executive Order No. 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, whole or in
part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums as may be
necessary to the Denali Commission through the Department of Labor to
conduct job training of the local workforce where Denali Commission
projects will be constructed.
Sec. 105. <<NOTE: Deadline. Transit subsidy.>> Not later than 45
days after the date of enactment of this Act, the Secretary of Labor
shall issue a monthly transit subsidy of not less than the amount each
of its employees of the National Capital Region is eligible to receive,
not to exceed a maximum of $100, as directed by Executive Order No.
13150.
Sec. 106. <<NOTE: Reports.>> The Department of Labor shall submit
its fiscal year 2006 congressional budget justifications to the
Committees on Appropriations of the House of Representatives and the
Senate in the format as they were prepared prior to fiscal year 2003.
This title may be cited as the ``Department of Labor Appropriations
Act, 2005''.
TITLE II--DEPARTMENT <<NOTE: Department of Health and Human Services
Appropriations Act, 2005.>> OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Health Resources and Services
For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V and sections 1128E, 711, and
1820 of the Social Security Act, the Health Care Quality
[[Page 118 STAT. 3123]]
Improvement Act of 1986, as amended, the Native Hawaiian Health Care Act
of 1988, as amended, the Cardiac Arrest Survival Act of 2000, section
712 of the American Jobs Creation Act of 2004, and the Poison Control
Center Enhancement and Awareness Act, as amended, $6,856,624,000, of
which $484,629,000 shall be available for construction and renovation
(including equipment) of health care and other facilities and other
health-related activities as specified in the statement of the managers
on the conference report accompanying this Act, and of which $39,499,000
from general revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare rural
hospital flexibility grants program under section 1820 of such Act:
Provided, That of the funds made available under this heading, $249,000
shall be available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center: Provided further, That in
addition to fees authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full disclosure
of information under the Act sufficient to recover the full costs of
operating the National Practitioner Data Bank, and shall remain
available until expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information under the ``Health
Care Fraud and Abuse Data Collection Program'', authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient to recover
the full costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further, That $31,000,000
of the funding provided for community health centers shall be used for
base grant adjustments for existing centers: Provided further, That no
more than $100,000 is available until expended for carrying out the
provisions of 42 U.S.C. 233(o) including associated administrative
expenses: Provided further, That no more than $45,000,000 is available
until expended for carrying out the provisions of Public Law 104-73:
Provided further, That $9,941,000 is available until expended for the
National Cord Blood Stem Cell Bank Program as described in House Report
108-401: Provided further, That of the funds made available under this
heading, $288,283,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family planning
projects: Provided further, That amounts provided to said projects under
such title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public office:
Provided further, That $793,872,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public Health
Service Act: Provided further, That in addition to amounts provided
herein, $25,000,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out Parts A, B, C,
and D of title XXVI of the Public Health Service Act to fund section
2691 Special Projects of National Significance: Provided further, That,
notwithstanding section 502(a)(1) of the Social Security Act, not to
exceed $119,158,000 is available for carrying out special projects of
regional and national significance pursuant to section 501(a)(2) of such
Act: Provided further, That of the funds provided, $40,000,000 shall be
provided to the Denali Commission as a direct lump payment pursuant to
Public Law
[[Page 118 STAT. 3124]]
106-113, of which $10,000,000 shall be for a psychiatric treatment
facility in Bethel, Alaska, $10,000,000 shall be for residential and
supportive housing for elders, $2,500,000 shall be for medical and
dental equipment for rural clinics, and $5,000,000 shall be for upgrade
and construction of shelters for victims of domestic violence and child
abuse.
Health Education Assistance Loans Program Account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act, as
amended. For administrative expenses to carry out the guaranteed loan
program, including section 709 of the Public Health Service Act,
$3,270,000.
Vaccine Injury Compensation Program Trust Fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,176,000 shall be
available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
Disease Control, Research, and Training
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203,
301, and 501 of the Federal Mine Safety and Health Act of 1977, sections
20, 21, and 22 of the Occupational Safety and Health Act of 1970, title
IV of the Immigration and Nationality Act, and section 501 of the
Refugee Education Assistance Act of 1980; including purchase and
insurance of official motor vehicles in foreign countries; and purchase,
hire, maintenance, and operation of aircraft, $4,533,911,000, of which
$272,000,000 shall remain available until expended for equipment, and
construction and renovation of facilities, and of which $124,882,000 for
international HIV/AIDS shall remain available until September 30, 2006.
In addition, such sums as may be derived from authorized user fees,
which shall be credited to this account: Provided, That in addition to
amounts provided herein, the following amounts shall be available from
amounts available under section 241 of the Public Health Service Act:
(1) $12,794,000 to carry out the National Immunization Surveys; (2)
$109,021,000 to carry out the National Center for Health Statistics
surveys; (3) $24,751,000 to carry out information systems standards
development and architecture and applications-based research used at
local public health levels; (4) $463,000 for Health Marketing
evaluations; (5) $31,000,000 to carry out Public Health Research; and
(6) $87,071,000 to carry out Research Tools and Approaches activities
within the National Occupational Research Agenda: Provided further, That
none of the funds made available for injury prevention and control at
the Centers for Disease Control and Prevention may be used, in whole or
in part, to advocate or promote gun control: Provided further, That up
[[Page 118 STAT. 3125]]
to $30,000,000 shall be made available until expended for Individual
Learning Accounts for full-time equivalent employees of the Centers for
Disease Control and Prevention: Provided further, That the Director may
redirect the total amount made available under authority of Public Law
101-502, section 3, dated November 3, 1990, to activities the Director
may so <<NOTE: Notification.>> designate: Provided further, That the
Congress is to be notified promptly of any such transfer: Provided
further, That not to exceed $12,500,000 may be available for making
grants under section 1509 of the Public Health Service Act to not more
than 15 States, tribes, or tribal organizations: Provided further, That
without regard to existing statute, funds appropriated may be used to
proceed, at the discretion of the Centers for Disease Control and
Prevention, with property acquisition, including a long-term ground
lease for construction on non-Federal land, to support the construction
of a replacement laboratory in the Fort Collins, Colorado area: Provided
further, That notwithstanding any other provision of law, a single
contract or related contracts for development and construction of
facilities may be employed which collectively include the full scope of
the project: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232-18:
Provided further, That of the funds appropriated, $10,000 is for
official reception and representation expenses when specifically
approved by the Director of the Centers for Disease Control and
Prevention.
National Institutes of Health
National Cancer Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,865,525,000, of which up to
$8,000,000 may be used for facilities repairs and improvements at the
NCI-Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
National Heart, Lung, and Blood Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,965,453,000.
National Institute of Dental and Craniofacial Research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $395,080,000.
National Institute of Diabetes and Digestive and Kidney Diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,727,696,000.
National Institute of Neurological Disorders and Stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,552,123,000.
[[Page 118 STAT. 3126]]
National Institute of Allergy and Infectious Diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,440,007,000: Provided, That $100,000,000 may be made available to
International Assistance Programs ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until expended:
Provided further, That up to $150,000,000 shall be for extramural
facilities construction grants to enhance the Nation's capability to do
research on biological and other agents.
National Institute of General Medical Sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,959,810,000.
National Institute of Child Health and Human Development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,280,915,000.
National Eye Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$674,578,000.
National Institute of Environmental Health Sciences
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$650,027,000.
National Institute on Aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,060,666,000.
National Institute of Arthritis and Musculoskeletal and Skin Diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $515,378,000.
National Institute on Deafness and Other Communication Disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$397,507,000.
National Institute of Nursing Research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $139,198,000.
[[Page 118 STAT. 3127]]
National Institute on Alcohol Abuse and Alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $441,911,000.
National Institute on Drug Abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,014,760,000.
National Institute of Mental Health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,423,609,000.
National Human Genome Research Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $492,670,000.
National Institute of Biomedical Imaging and Bioengineering
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $300,647,000.
National Center for Research Resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,124,141,000: Provided, That none of these funds shall
be used to pay recipients of the general research support grants program
any amount for indirect expenses in connection with such grants:
Provided further, That $30,000,000 shall be for extramural facilities
construction grants.
National Center for Complementary and Alternative Medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$123,116,000.
National Center on Minority Health and Health Disparities
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $197,780,000.
John E. Fogarty International Center
For carrying out the activities at the John E. Fogarty International
Center, $67,182,000.
National Library of Medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$317,947,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal
[[Page 118 STAT. 3128]]
year 2005, the Library may enter into personal services contracts for
the provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health: Provided
further, That in addition to amounts provided herein, $8,200,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out National Information Center on Health
Services Research and Health Care Technology and related health
services.
Office of the Director
(including transfer of funds)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $361,145,000, of which up to $10,000,000
shall be used to carry out section 217 of this Act: Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by more than 1
percent by any such transfers and that the Congress is promptly notified
of the transfer: Provided further, That the National Institutes of
Health is authorized to collect third party payments for the cost of
clinical services that are incurred in National Institutes of Health
research facilities and that such payments shall be credited to the
National Institutes of Health Management Fund: Provided further, That
all funds credited to the National Institutes of Health Management Fund
shall remain available for 1 fiscal year after the fiscal year in which
they are deposited: Provided further, That up to $500,000 shall be
available to carry out section 499 of the Public Health Service Act:
Provided further, That of the funds provided $10,000 shall be for
official reception and representation expenses when specifically
approved by the Director of NIH: Provided further, That a uniform
percentage of the amounts appropriated in this Act to each Institute and
Center may be utilized for the National Institutes of Health Roadmap
Initiative: Provided further, That the amount utilized under the
preceding proviso shall not exceed $176,800,000 without prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts utilized
under the preceding two provisos shall be in addition to amounts made
available for the Roadmap Initiative from the Director's Discretionary
Fund and to any amounts allocated to activities related to the Roadmap
Initiative through the normal research priority-setting process of
individual Institutes and Centers.
buildings and facilities
For the study of, construction of, renovation of, and acquisition of
equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $111,177,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, single contracts or related contracts, which
collectively include the full scope of the project, may be employed for
the development and construction of the first and
[[Page 118 STAT. 3129]]
second phases of the John Edward Porter Neuroscience Research Center:
Provided further, That the solicitations and contracts shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
Substance Abuse and Mental Health Services
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Individuals with Mental Illness Act, and
section 301 of the Public Health Service Act with respect to program
management, $3,295,361,000, of which $23,107,000 shall be available for
projects and in the amounts specified in the statement of the managers
on the conference report accompanying this Act: Provided, That in
addition to amounts provided herein, the following amounts shall be
available from amounts available under section 241 of the Public Health
Service Act: (1) $79,200,000 to carry out subpart II of title XIX of the
Public Health Service Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart II of
title XIX; (2) $21,803,000 to carry out subpart I of Part B of title XIX
of the Public Health Service Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation activities,
and further that the total available under this Act for section 1920(b)
activities shall not exceed 5 percent of the amounts appropriated for
subpart I of Part B of title XIX; (3) $16,000,000 to carry out national
surveys on drug abuse; (4) $2,000,000 for mental health data collection;
and (5) $4,300,000 for substance abuse treatment programs.
Agency for Healthcare Research and Quality
Healthcare Research and Quality
For carrying out titles III and IX of the Public Health Service Act,
and part A of title XI of the Social Security Act, amounts received from
Freedom of Information Act fees, reimbursable and interagency
agreements, and the sale of data shall be credited to this appropriation
and shall remain available until expended: Provided, That the amount
made available pursuant to section 927(c) of the Public Health Service
Act shall not exceed $318,695,000.
Centers for Medicare and Medicaid Services
Grants to States for Medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $119,124,488,000, to remain available until
expended.
For making, after May 31, 2005, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2005 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
[[Page 118 STAT. 3130]]
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2006, $58,517,290,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
Payments to Health Care Trust Funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under section
1844, 1860D-16, and 1860D-31 of the Social Security Act, sections 103(c)
and 111(d) of the Social Security Amendments of 1965, section 278(d) of
Public Law 97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $114,608,900,000. To ensure
prompt payments of Medicare prescription drug benefits as provided under
section 1860 D-16 of the Social Security Act, $5,216,900,000, to become
available on October 1, 2005 for fiscal year 2006.
Program Management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $2,696,402,000, to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and section 1857(e)(2) of
the Social Security Act, and such sums as may be collected from
authorized user fees and the sale of data, which shall remain available
until expended: Provided, That all funds derived in accordance with 31
U.S.C. 9701 from organizations established under title XIII of the
Public Health Service Act shall be credited to and available for
carrying out the purposes of this appropriation: Provided further, That
$24,400,000, to remain available until September 30, 2006, is for
contract costs for CMS's Systems Revitalization Plan: Provided further,
That $78,300,000, to remain available until September 30, 2006, is for
contract costs for the Healthcare Integrated General Ledger Accounting
System: Provided further, That of the amounts made available for
research, demonstration and evaluation, $100,000 is available for
Advocate Metro Outreach Initiative, Oak Brook, Illinois, to implement an
initiative to provide comprehensive health education and services to the
deaf and hard-of-hearing community, $150,000 is available for African
American Interdenominational Ministries, Inc., Philadelphia,
Pennsylvania, to implement an insurance outreach program, $1,900,000 is
available for AIDS Healthcare Foundation, Los Angeles, California, for a
demonstration of residential and outpatient treatment facilities,
$450,000 is available for Bronx-Lebanon Hospital Center, Bronx, New
York, for a comprehensive adolescent and young adult health program to
demonstrate means of improving health care and preventive services for
underserved inner city teenagers and young adults, $300,000 is available
for Children's Institute for Palliative Care, Children's
[[Page 118 STAT. 3131]]
Hospitals and Clinics, Minneapolis, Minnesota, for a pediatric
palliative care demonstration program, $600,000 is available for the
City of Detroit, Michigan, for a project to improve access to primary
care and preventive health services for low-income and uninsured
persons, $100,000 is available for Community Catalyst, Inc., Boston,
Massachusetts, for the expansion of a benefits management program,
$150,000 is available for Cook County Bureau of Health Services in
Chicago, Illinois, for the Antibiotic Resistance Program, $340,000 is
available for Donald R. Watkins Memorial Foundation, Houston, Texas, for
a comprehensive HIV/AIDS treatment and research demonstration program,
$100,000 is available for Focus on Therapeutic Outcomes, Inc.,
Knoxville, Tennessee, $250,000 is available for Hamot Medical Center,
Erie, Pennsylvania and the Ohio Health System, Columbus, Ohio, to
implement a demonstration project on the Medicare Advantage program,
$25,000 is available for HealthRight, Inc., Philadelphia, Pennsylvania,
for their Care Access Program, $75,000 is available for the Inglis
Foundation, Philadelphia, Pennsylvania, for healthcare and social
services for low-income adults with severe physical disabilities in an
effort to promote independent living, $50,000 is available for Medical
Care for Children Partnership, Fairfax, Virginia, for access to
specialty health care for children who have serious medical needs,
$500,000 is available for Memphis Biotech Foundation in Memphis,
Tennessee, to develop a biologistics network in Mississippi and
Tennessee, $225,000 is available for Muskegon Community Health Project,
Muskegon, Michigan, for the Access Health Program, $30,000 is available
for Our House of Portland, Portland, Oregon, to develop a Care Program
for people living with AIDS, $750,000 is available for Pace Vermont,
Burlington, Vennont, for the Rural Program for All-inclusive Care for
the Elderly, $150,000 is available for Patient Advocate Foundation,
Newport News, Virginia, to assist the PAF in serving patients
experiencing difficulty accessing quality health care services, $450,000
is available for Puerto Rico's Governor's Office of Elderly Affairs for
the Medication Error Prevention Pilot Program, $1,500,000 is available
for San Francisco Department of Public Health, San Francisco,
California, for a demonstration project to improve HIV/AIDS treatment
and prevention services, $300,000 is available for Santa Clara County,
California, for outreach and enrollment assistance activities of the
Children's Health Initiative, $500,000 is available for Susquehanna
Health System, Williamsport, Pennsylvania, for stabilizing workforce for
patient care, $500,000 is available for Swope Health Services, Kansas
City, Missouri, to supplement recurring healthcare costs for
underemployed, uninsured, and income-qualified patients in Wyandotte and
Johnson Counties, Kansas, $100,000 is available for Temple University,
Crime and Justice Research Center, Philadelphia, Pennsylvania, for DNA
backlog and utilization, and $250,000 is available for University of
Maine, Partnership for Early Childhood Health & Services: Provided
further, That funds appropriated under this heading are available for
the Healthy Start, Grow Smart program under which the Centers for
Medicare and Medicaid Services may, directly or through grants,
contracts, or cooperative agreements, produce and distribute
informational materials including, but not limited to, pamphlets and
brochures on infant and toddler health care to expectant parents
enrolled in the Medicaid program and to parents and guardians enrolled
in such program with infants and children: Provided further, That
[[Page 118 STAT. 3132]]
not less than $79,000,000 shall be for processing Medicare appeals:
Provided further, That the Secretary of Health and Human Services is
directed to collect fees in fiscal year 2005 from Medicare+Choice
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That to the extent Medicare claims processing unit
costs are projected by the Centers for Medicare and Medicaid Services to
exceed $0.87 for Part A claims and/or $0.63 for Part B claims, up to an
additional $18,000,000 may be available for obligation for every $0.04
increase in Medicare claims processing unit costs from the Federal
Hospital Insurance and the Federal Supplementary Medical Insurance Trust
Funds. The calculation of projected unit costs shall be derived in the
same manner in which the estimated unit costs were calculated for the
Federal budget estimate for the fiscal year.
Health Maintenance Organization Loan and Loan Guarantee Fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the Public
Health Service Act, to be available without fiscal year limitation for
the payment of outstanding obligations. During fiscal year 2005, no
commitments for direct loans or loan guarantees shall be made.
Administration for Children and Families
Payments to States for Child Support Enforcement and Family Support
Programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,873,802,000, to remain
available until expended; and for such purposes for the first quarter of
fiscal year 2006, $1,200,000,000, to remain available until expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance for Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
[[Page 118 STAT. 3133]]
Low-Income Home Energy Assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,900,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $300,000,000, to remain available until
expended: Provided, That these funds are for the unanticipated home
energy assistance needs of one or more States, as authorized by section
2604(e) of the <<NOTE: Applicability.>> Act: Provided further, That the
entire amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress) as made applicable to
the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
Refugee and Entrant Assistance
For necessary expenses for refugee and entrant assistance activities
and for costs associated with the care and placement of unaccompanied
alien children authorized by title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980
(Public Law 96-422), for carrying out section 462 of the Homeland
Security Act of 2002 (Public Law 107-296), and for carrying out the
Torture Victims Relief Act of 2003 (Public Law 108-179), $488,336,000,
of which up to $10,000,000 shall be available to carry out the
Trafficking Victims Protection Act of 2003 (Public Law 108-193):
Provided, That funds appropriated under this heading pursuant to section
414(a) of the Immigration and Nationality Act and section 462 of the
Homeland Security Act of 2002 for fiscal year 2005 shall be available
for the costs of assistance provided and other activities to remain
available through September 30, 2007.
Payments to States for the Child Care and Development Block Grant
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), $2,099,729,000 shall be used to supplement, not supplant
State general revenue funds for child care assistance for low-income
families: Provided, That $19,120,000 shall be available for child care
resource and referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll free hotline: Provided
further, That, in addition to the amounts required to be reserved by the
States under section 658G, $272,672,000 shall be reserved by the States
for activities authorized under section 658G, of which $100,000,000
shall be for activities that improve the quality of infant and toddler
care: Provided further, That $10,000,000 shall be for use by the
Secretary for child care research, demonstration, and evaluation
activities.
Social Services Block Grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX of such Act shall be 10 percent.
[[Page 118 STAT. 3134]]
Children and Families Services Programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, as amended, the Native American Programs Act of 1974,
title II of Public Law 95-266 (adoption opportunities), the Adoption and
Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 1211 of
the Children's Health Act of 2000, the Abandoned Infants Assistance Act
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, the
Early Learning Opportunities Act, part B(1) of title IV and sections
413, 429A, 1110, and 1115 of the Social Security Act, and sections
40155, 40211, and 40241 of Public Law 103-322; for making payments under
the Community Services Block Grant Act, sections 439(h), 473A, and
477(i) of the Social Security Act, and title IV of Public Law 105-285,
and for necessary administrative expenses to carry out said Acts and
titles I, IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the
Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation
Act of 1981, title IV of the Immigration and Nationality Act, section
501 of the Refugee Education Assistance Act of 1980, sections 40155,
40211, and 40241 of Public Law 103-322, and section 126 and titles IV
and V of Public Law 100-485, $9,069,853,000, of which $32,103,000, to
remain available until September 30, 2006, shall be for grants to States
for adoption incentive payments, as authorized by section 473A of title
IV of the Social Security Act (42 U.S.C. 670-679) and may be made for
adoptions completed before September 30, 2005: Provided further, That
$6,898,580,000 shall be for making payments under the Head Start Act, of
which $1,400,000,000 shall become available October 1, 2005 and remain
available through September 30, 2006: Provided further, That
$732,385,000 shall be for making payments under the Community Services
Block Grant Act: Provided further, That not less than $7,300,000 shall
be for section 680(3)(B) of the Community Services Block Grant Act,
Provided further, That within amounts provided herein for abstinence
education for adolescents, up to $10,000,000 may be available for a
national abstinence education campaign: Provided further, That in
addition to amounts provided herein, $6,000,000 shall be available from
amounts available under section 241 of the Public Health Service Act to
carry out the provisions of section 1110 of the Social Security Act:
Provided further, That to the extent Community Services Block Grant
funds are distributed as grant funds by a State to an eligible entity as
provided under the Act, and have not been expended by such entity, they
shall remain with such entity for carryover into the next fiscal year
for expenditure by such entity consistent with
program <<NOTE: Procedures. Grants. 42 USC 9921 note.>> purposes:
Provided further, That the Secretary shall establish procedures
regarding the disposition of intangible property which permits grant
funds, or intangible assets acquired with funds authorized under section
680 of the Community Services Block Grant Act, as amended, to become the
sole property of such grantees after a period of not more than 12 years
after the end of the grant for purposes and uses consistent with the
original grant: Provided further, That funds appropriated for section
680(a)(2) of the Community Services Block Grant Act, as amended, shall
be available for financing construction and
[[Page 118 STAT. 3135]]
rehabilitation and loans or investments in private business enterprises
owned by community development corporations: Provided further, That
$55,000,000 is for a compassion capital fund to provide grants to
charitable organizations to emulate model social service programs and to
encourage research on the best practices of social service
organizations: Provided further, That $15,000,000 shall be for
activities authorized by the Help America Vote Act of 2002, of which
$10,000,000 shall be for payments to States to promote access for voters
with disabilities, and of which $5,000,000 shall be for payments to
States for protection and advocacy systems for voters
with <<NOTE: Abstinence.>> disabilities: Provided further, That
$100,000,000 shall be for making competitive grants to provide
abstinence education (as defined by section 510(b)(2) of the Social
Security Act) to adolescents, and for Federal costs of administering the
grant: Provided further, That grants under the immediately preceding
proviso shall be made only to public and private entities which agree
that, with respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not provide to
that adolescent any other education regarding sexual conduct, except
that, in the case of an entity expressly required by law to provide
health information or services the adolescent shall not be precluded
from seeking health information or services from the entity in a
different setting than the setting in which abstinence education was
provided: Provided further, That in addition to amounts provided herein
for abstinence education for adolescents, $4,500,000 shall be available
from amounts available under section 241 of the Public Health Services
Act to carry out evaluations (including longitudinal evaluations) of
adolescent pregnancy prevention approaches: Provided further, That
$2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness.
Promoting Safe and Stable Families
For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $99,383,000.
Payments to States for Foster Care and Adoption Assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $5,037,900,000.
For making payments to States or other non-Federal entities under
title IV-E of the Act, for the first quarter of fiscal year 2006,
$1,767,200,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E,
for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration on Aging
Aging Services Programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $1,404,634,000, of which $5,500,000
[[Page 118 STAT. 3136]]
shall be available for activities regarding medication management,
screening, and education to prevent incorrect medication and adverse
drug reactions; and of which $4,558,000 shall remain available until
September 30, 2007, for the White House Conference on Aging.
Office of the Secretary
General Departmental Management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, XX, and XXI of the Public Health Service Act, and
the United States-Mexico Border Health Commission Act, $371,975,000,
together with $55,851,000 to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund:
Provided, That of the funds made available under this heading for
carrying out title XX of the Public Health Service Act, $13,120,000
shall be for activities specified under section 2003(b)(2), all of which
shall be for prevention service demonstration grants under section
510(b)(2) of title V of the Social Security Act, as amended, without
application of the limitation of section 2010(c) of said title XX:
Provided further, That of this amount, $52,838,000 shall be for minority
AIDS prevention and treatment activities; $14,847,000 shall be for an
Information Technology Security and Innovation Fund for Department-wide
activities involving cybersecurity, information technology security, and
related innovation projects; and $6,000,000 shall be to assist
Afghanistan in the development of maternal and child health clinics,
consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support
Act of 2002: Provided further, That no more than $2,754,000 shall be
available for the Office of the Assistant Secretary for Legislation:
Provided further, That $50,000,000 shall be transferred to the Social
Security Administration for processing Medicare appeals: Provided
further, That specific information requests from the chairmen and
ranking members of the Subcommittees on Labor, Health and Human
Services, and Education, and Related Agencies, on scientific research or
any other matter, shall be transmitted to the Committees on
Appropriations in a prompt professional manner and within the time frame
specified in the request: Provided further, That scientific information
requested by the Committees on Appropriations and prepared by government
researchers and scientists shall be transmitted to the Committees on
Appropriations, uncensored and without delay.
Office of Inspector General
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $40,323,000: Provided, That of such amount, necessary sums are
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
[[Page 118 STAT. 3137]]
Office for Civil Rights
For expenses necessary for the Office for Civil Rights, $32,043,000,
together with not to exceed $3,314,000 to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.
Policy Research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and title III of
the Public Health Service Act, $20,750,000, which shall be available
from amounts available under section 241 of the Public Health Service
Act to carry out national health or human services research and
evaluation activities: Provided, That the expenditure of any funds
available under section 241 of the Public Health Service Act are subject
to the requirements of section 206 of this Act.
Retirement Pay and Medical Benefits for Commissioned Officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. chapters 55 and 56), such
amounts as may be required during the current fiscal year. The following
are definitions for the medical benefits of the Public Health Service
Commissioned Officers that apply to 10 U.S.C. chapter 56, section
1116(c). The source of funds for the monthly accrual payments into the
Department of Defense Medicare-Eligible Retiree Health Care Fund shall
be the Retirement Pay and Medical Benefits for Commissioned Officers
account. For purposes of this Act, the term ``pay of members'' shall be
construed to be synonymous with retirement payments to United States
Public Health Service officers who are retired for age, disability, or
length of service; payments to survivors of deceased officers; medical
care to active duty and retired members and dependents and
beneficiaries; all of which payments are provided for by the Retirement
Pay and Medical Benefits for Commissioned Officers account.
Public Health and Social Services Emergency Fund
For expenses necessary to support activities related to countering
potential biological, disease, nuclear, radiological and chemical
threats to civilian populations, $2,208,287,000: Provided, That this
amount is distributed as follows: Centers for Disease Control and
Prevention, $1,173,300,000; Office of the Secretary, $64,438,000;
Strategic National Stockpile, $400,000,000, to remain available until
expended; National Institutes of Health, $47,400,000; and Health
Resources and Services Administration, $523,149,000: Provided further,
That employees of the Centers for Disease Control and Prevention or the
Public Health Service, both civilian and Commissioned Officers, detailed
to States, municipalities, or other organizations under authority of
section 214 of the Public Health Service Act for purposes related to
homeland security, shall be treated as non-Federal employees for
reporting purposes only and
[[Page 118 STAT. 3138]]
shall not be included within any personnel ceiling applicable to the
Agency, Service, or the Department of Health and Human Services during
the period of detail or assignment.
In addition, for activities to ensure a year-round influenza vaccine
production capacity; the development and implementation of rapidly
expandable influenza vaccine production technologies; and if determined
necessary by the Secretary, the purchase of influenza vaccine,
$100,000,000, to remain available until expended.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. <<NOTE: HIV/AIDS.>> The Secretary shall make available
through assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in AIDS
programs through and with funds provided by the Agency for International
Development, the United Nations International Children's Emergency Fund
or the World Health Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399F(b) of the Public Health Service Act or section
1503 of the National Institutes of Health Revitalization Act of 1993,
Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual, through
a grant or other extramural mechanism, at a rate in excess of Executive
Level I.
Sec. 205. None of the funds appropriated in this title for Head
Start shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
Sec. 206. None of the funds appropriated in this Act may be expended
pursuant to section 241 of the Public Health Service Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in the Department of Health and
Human Services, prior to the Secretary's preparation and submission of a
report to the Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
Sec. 207. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but not more
than 2.4 percent, of any amounts appropriated for programs authorized
under said Act shall be made available for the evaluation (directly, or
by grants or contracts) of the implementation and effectiveness of such
programs.
(transfer of funds)
Sec. 208. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Health and Human Services in this Act may be
transferred between a program, project, or activity, but no such
program, project, or activity shall be increased by more than 3 percent
by any such transfer: Provided, That a
[[Page 118 STAT. 3139]]
program, project, or activity may be increased by up to an additional 2
percent subject to approval by the House and Senate Committees
on <<NOTE: Notification. Deadline.>> Appropriations: Provided further,
That the Appropriations Committees of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Sec. 209. <<NOTE: HIV/AIDS.>> Of the amounts made available in this
Act for the National Institutes of Health, the amount for research
related to the human immunodeficiency virus, as jointly determined by
the Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek family
planning services and that it provides counseling to minors on how to
resist attempts to coerce minors into engaging in sexual activities.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
Sec. 212. Notwithstanding any other provision of law, no provider of
services under title X of the Public Health Service Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
Sec. 213. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998,
1999, 2000, 2001, 2002, 2003, 2004, and 2005'' and
inserting ``1997, 1998, 1999, 2000, 2001, 2002, 2003,
2004, 2005, and 2006'';
(B) in subsection (e), by striking ``October 1,
2004'' each place it appears and inserting ``October 1,
2005''; and
(C) in subsection (b)(1)--
(i) in subparagraph (A), by striking ``and''
at the end;
(ii) in subparagraph (B), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
[[Page 118 STAT. 3140]]
``(C) one or more categories of aliens who are or were
nationals and residents of the Islamic Republic or Iran who, as
members of a religious minority in Iran, share common
characteristics that identify them as targets of persecution in
that state on account of race, religion, nationality, membership
in a particular social group, or political opinion.''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 2004'' and inserting
``September 30, 2005''.
Sec. 214. <<NOTE: Deadline. Certification. Tobacco.>> (a) Except as
provided by subsection (e) none of the funds appropriated by this Act
may be used to withhold substance abuse funding from a State pursuant to
section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) if
such State certifies to the Secretary of Health and Human Services by
May 1, 2005 that the State will commit additional State funds, in
accordance with subsection (b), to ensure compliance with State laws
prohibiting the sale of tobacco products to individuals under 18 years
of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses the
retailer compliance rate goal established by the Secretary of Health and
Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2005
for tobacco prevention programs and for compliance activities at a level
that is not less than the level of such expenditures maintained by the
State for fiscal year 2004, and adding to that level the additional
funds for tobacco compliance activities required under subsection
(a). <<NOTE: Reports. Deadline.>> The State is to submit a report to the
Secretary on all fiscal year 2004 State expenditures and all fiscal year
2005 obligations for tobacco prevention and compliance activities by
program activity by July 31, 2005.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31, 2005.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 from a
territory that receives less than $1,000,000.
Sec. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2005, the
Secretary of Health and Human Services--
(1) may exercise authority equivalent to that available to
the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary
of Health and Human Services shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) and other applicable statutes administered by the
Department of State, and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary to
pay the costs of acquisition, lease, alteration, renovation,
[[Page 118 STAT. 3141]]
and management of facilities outside of the United States for
the use of the Department of Health and Human Services. The
Department of State shall cooperate fully with the Secretary of
Health and Human Services to ensure that the Department of
Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing
location, setback, and other facilities requirements and serve
the purposes established by this Act. The Secretary of Health
and Human Services is authorized, in consultation with the
Secretary of State, through grant or cooperative agreement, to
make available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS and
other infectious diseases, chronic and environmental diseases,
and other health activities abroad.
Sec. 216. The Division of Federal Occupational Health may utilize
personal services contracting to employ professional management/
administrative and occupational health professionals.
Sec. 217. (a) Authority.--Notwithstanding any other provision of
law, the Director of the National Institutes of Health may use funds
available under section 402(i) of the Public Health Service Act (42
U.S.C. 282(i)) to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research in support of
the NIH Roadmap Initiative of the Director.
(b) <<NOTE: Applicability.>> Peer Review.--In entering into
transactions under subsection (a), the Director of the National
Institutes of Health may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service Act
(42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c).
Sec. 218. <<NOTE: 42 USC 294o note.>> Notwithstanding any other
provisions of law, funds made available under this heading may be used
to continue operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408.
Sec. 219. <<NOTE: Effective date.>> (a) Notwithstanding section
412.23(b)(2) of title 42 of the Code of Federal Regulations, none of the
funds appropriated by this Act may be expended by the Secretary of
Health and Human Services to treat a hospital or unit of a hospital that
was certified by the Secretary as an inpatient rehabilitation facility
on or before June 30, 2004, as a subsection (d) hospital (as defined in
section 1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B))) until, not later than 60 days after the date on which
the report under subsection (b) is issued, the Secretary, taking into
account the recommendations in such report--
(1) determines that the classification criteria of hospitals
and units of hospitals as inpatient rehabilitation facilities
under such section 412.23(b)(2) are not inconsistent with such
recommendations; or
[[Page 118 STAT. 3142]]
(2) <<NOTE: Regulations.>> promulgates a regulation
providing for revised criteria under such section 412.23(b)(2),
which regulation shall be effective and final immediately on an
interim basis as of the date of publication of the regulation.
(b) The study referred to in subsection (a) is a study by the
Comptroller General of the United States directed in the statement of
managers accompanying the conference report on the bill H.R. 1 of the
108th Congress regarding clinically appropriate standards for defining
inpatient rehabilitation services under such section 412.23(b)(2).
Sec. 220. In addition to funds appropriated to the Office of
Inspector General of the Department of Health and Human Services under
Public Law 104-191 and this Act, $25,000,000 shall be transferred from
amounts appropriated under section 1015(a)(1) of Public Law 108-173 for
activities by the Office of Inspector General of the Department of
Health and Human Services relating to oversight of programs established
or revised by Public Law 108-173.
Sec. 221. <<NOTE: Rescission. Student loans.>> The unobligated
balance of the Health Professions Student Loan program authorized in
Subpart II, Federally-Supported Student Loan Funds, of title VII of the
Public Health Services Act is rescinded.
Sec. 222. <<NOTE: Rescission. Student loans.>> The unobligated
balance of the Nursing Student Loan program authorized by section 835 of
the Public Health Services Act is rescinded.
Sec. 223. <<NOTE: Rescission. Medical facilities.>> The unobligated
balance, excluding amounts necessary for the costs of potential
defaults, in the Medical Facilities Guarantee and Loan Fund is
rescinded.
Sec. 224. <<NOTE: Rescission. Health and health care.>> The
unobligated balance in the amount of $20,000,000 appropriated by Public
Law 108-11 under the heading ``Public Health and Social Services
Emergency Fund'' is rescinded.
Sec. 225. <<NOTE: Federal buildings and facilities.>> The Center for
Biodefense and Emerging Infectious Diseases (Building 33) at the
National Institutes of Health is hereby named the C.W. Bill Young Center
for Biodefense and Emerging Infectious Diseases.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2005''.
TITLE <<NOTE: Department of Education Appropriations Act, 2005.>> III--
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $14,963,683,000, of which $7,382,995,000 shall become available on
July 1, 2005, and shall remain available through September 30, 2006, and
of which $7,383,301,000 shall become available on October 1, 2005, and
shall remain available through September 30, 2006 for academic year
2005-2006, and of which $25,000,000 shall become available on October 1,
2004 and shall remain available until September 30, 2006: Provided, That
$7,037,592,000 shall be available for basic grants under section 1124:
Provided further, That up to $3,500,000 of these funds shall be
available to the Secretary of Education on October 1, 2004, to obtain
annually updated educational-agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,365,031,000 shall be
available for concentration grants under
[[Page 118 STAT. 3143]]
section 1124A: Provided further, That $2,219,843,000 shall be available
for targeted grants under section 1125: Provided further, That
$2,219,843,000 shall be available for education finance incentive grants
under section 1125A: Provided further, That $25,000,000, available until
September 30, 2006, shall be for a striving readers initiative
authorized under section 1502 of the ESEA: Provided further, That
$9,500,000 shall be available to carry out part E of title I: Provided
further, That from the funds available to carry out part E of title I,
up to $1,000,000 shall be available to the Secretary of Education to
provide technical assistance to State and local educational agencies
concerning part A of title I: Provided further, That $207,000,000 shall
be available for comprehensive school reform grants under part F of the
ESEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,253,893,000, of which $1,083,687,000
shall be for basic support payments under section 8003(b), $50,369,000
shall be for payments for children with disabilities under section
8003(d), $48,936,000 shall be for construction under section 8007 and
shall remain available through September 30, 2006, $63,000,000 shall be
for Federal property payments under section 8002, and $7,901,000, to
remain available until expended, shall be for facilities maintenance
under section 8008: Provided, That $3,000,000 of the funds for section
8007 shall be available for the local educational agencies and in the
amounts specified in the statement of the managers on the conference
report accompanying this Act: Provided further, That, notwithstanding
any other provision of law, these funds shall remain available until
expended: Provided further, That for purposes of computing the amount of
a payment for an eligible local educational agency under section 8003(a)
of the Elementary and Secondary Education Act (20 U.S.C. 7703(a)) for
school year 2004-2005, children enrolled in a school of such agency that
would otherwise be eligible for payment under section 8003(a)(1)(B) of
such Act, but due to the deployment of both parents or legal guardians,
or a parent or legal guardian having sole custody of such children, or
due to the death of a military parent or legal guardian while on active
duty (so long as such children reside on Federal property as described
in section 8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section, provided
such students remain in average daily attendance at a school in the same
local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by titles
II, part B of title IV, part A and subparts 6 and 9 of part D of title
V, parts A and B of title VI, and parts B and C of title VII of the
Elementary and Secondary Education Act of 1965 (``ESEA''); the McKinney-
Vento Homeless Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association Amendments Act
of 2003; and the Civil Rights Act of 1964, $5,664,977,000, of which
$4,034,196,000 shall become available on July 1, 2005, and remain
available through
[[Page 118 STAT. 3144]]
September 30, 2006, and of which $1,435,000,000 shall become available
on October 1, 2005, and shall remain available through September 30,
2006, for academic year 2005-2006: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation and modernization of any elementary school,
secondary school, or structure related to an elementary school or
secondary school, run by the Department of Education of the State of
Hawaii, that serves a predominantly Native Hawaiian student body:
Provided further, That from the funds referred to in the preceding
proviso, not less than $1,000,000 shall be for a grant to the Department
of Education of the State of Hawaii for the activities described in such
proviso, and $600,000 shall be for a grant to the University of Hawaii
School of Law for a Center of Excellence in Native Hawaiian law:
Provided further, That funds made available to carry out part C of title
VII of the ESEA may be used for construction: Provided further, That
from the funds referred to in the preceding proviso, $2,000,000 shall be
provided to the Yuut Elitnaurviut Vocational Learning Center in Bethel,
Alaska for construction; $1,000,000 shall be provided to the University
of Alaska Anchorage for high school enrichment programs of the UAA
Native Science and Engineering program; and notwithstanding any other
provision of law, of the funds available to the Alaska Native Heritage
Center, up to $1,000,000 may be used for repair and renovation of
buildings on its campus: Provided further, That $415,000,000 shall be
for State assessments and related activities authorized under sections
6111 and 6112 of the ESEA: Provided further, That the amount made
available in the Department of Education Appropriations Act, 2004, under
the heading School Improvement Programs and including any funds
transferred by the Secretary of Education pursuant to section 304 of
that Act for State assessment grants authorized under section 6111 of
the Elementary and Secondary Education Act of 1965, shall not be less
than $390,000,000: Provided further, That, notwithstanding any other
provision of law, including any across-the-board reduction that would
otherwise apply, the funds made available for fiscal year 2005 under the
heading School Improvement Programs for State assessment grants under
section 6111 of the Elementary and Secondary Education Act of 1965 shall
not be less than $400,000,000: Provided further, That $57,283,000 shall
be available to carry out section 203 of the Educational Technical
Assistance Act of 2002: Provided further, That $29,111,000 shall be
available to carry out part D of title V of the ESEA: Provided further,
That no funds appropriated under this heading may be used to carry out
section 5494 under the ESEA: Provided further, That $12,230,000 shall be
available to carry out the Supplemental Education Grants program for the
Federated States of Micronesia, and $6,100,000 shall be available to
carry out the Supplemental Education Grants program for the Republic of
the Marshall Islands: Provided further, That up to 5 percent of these
amounts may be reserved by the Federated States of Micronesia and the
Republic of the Marshall Islands to administer the Supplemental
Education Grants programs and to obtain technical assistance, oversight
and consultancy services in the administration of these grants and to
reimburse the United States Departments of Labor, Health and Human
Services, and Education for such services.
[[Page 118 STAT. 3145]]
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $120,856,000.
Innovation and Improvement
For carrying out activities authorized by parts G and H of title I,
subpart 5 of part A and parts C and D of title II, parts B, C, and D of
title V, and section 1504 of the Elementary and Secondary Education Act
of 1965 (``ESEA''), $1,101,454,000: Provided, That $17,000,000 shall be
available to carry out section 2151(c) of the ESEA, of which not less
than $10,000,000 shall be provided to the National Board for
Professional Teaching Standards, and not less than $7,000,000 shall be
provided to the American Board for the Certification of Teacher
Excellence: Provided further, That $37,279,000 shall be for subpart 2 of
part B of title V: Provided further, That $417,418,000 shall be
available to carry out part D of title V of the ESEA: Provided further,
That $246,963,000 of the funds for subpart 1, part D of title V of the
ESEA shall be available for the projects and in the amounts specified in
the statement of the managers on the conference report accompanying this
Act.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part C of
title II, part A of title IV, and subparts 2, 3 and 10 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), title VIII-D of the Higher Education Amendments of 1998, and
Public Law 102-73, $867,713,000, of which $467,908,000, shall become
available on July 1, 2005 and remain available through September 30,
2006: Provided, That of the amount available for subpart 2 of part A of
title IV of the ESEA, $850,000 shall be used to continue the National
Recognition Awards program under the same guidelines outlined by section
120(f) of Public Law 105-244: Provided further, That $440,908,000 shall
be available for subpart 1 of part A of title IV and $236,472,000 shall
be available for subpart 2 of part A of title IV: Provided further, That
$133,691,000 shall be available to carry out part D of title V of the
ESEA: Provided further, That of the funds available to carry out subpart
3 of part C of title II, up to $12,292,000 may be used to carry out
section 2345 and $3,050,000 shall be used by the Center for Civic
Education to implement a comprehensive program to improve public
knowledge, understanding, and support of the Congress and the State
legislatures: Provided further, That $27,000,000 shall be for Youth
Offender Grants, of which $5,000,000 shall be used in accordance with
section 601 of Public Law 102-73 as that section was in effect prior to
enactment of Public Law 105-220: Provided further, That of the funds
available to carry out subpart 10 of part D of title V, up to $2,000,000
may be used to support the Special Olympics National Summer Games.
English Language Acquisition
For carrying out part A of title III of the ESEA, $681,215,000, of
which $595,715,000 shall become available on July 1, 2005,
[[Page 118 STAT. 3146]]
and shall remain available through September 30, 2006: Provided, That
funds reserved under section 3111(c)(1)(D) of the ESEA that are not used
in accordance with section 3111(c)(2) may be added to the funds that are
available July 1, 2005, through September 30, 2006, for State allotments
under section 3111(c)(3).
Special Education
For carrying out parts B, C, and D of the Individuals with
Disabilities Education Act, $11,767,748,000, of which $6,145,270,000
shall become available for obligation on July 1, 2005, and shall remain
available through September 30, 2006, and of which $5,413,000,000 shall
become available on October 1, 2005, and shall remain available through
September 30, 2006, for academic year 2005-2006: Provided, That
$11,400,000 shall be for Recording for the Blind and Dyslexic, Inc., to
support the development, production, and circulation of recorded
educational materials: Provided further, That $1,500,000 shall be for
the recipient of funds provided by Public Law 105-78 under section
687(b)(2)(G) of the Act (as in effect prior to the enactment of the
Individuals with Disabilities Education Improvement Act of 2004) to
provide information on diagnosis, intervention, and teaching strategies
for children with disabilities: Provided further, That the amount for
section 611(c) of the Act shall be equal to the amount available for
that section during fiscal year 2004, increased by the amount of
inflation as specified in section 611(f)(1)(B)(ii) of the Act (as in
effect prior to the enactment of the Individuals with Disabilities
Education Improvement Act of 2004).
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the
AT Act''), and the Helen Keller National Center Act, $3,076,112,000, of
which $1,000,000 shall be awarded to the American Academy of Orthotists
and Prosthetists for activities that further the purposes of the grant
received by the Academy for the period beginning October 1, 2003,
including activities to meet the demand for orthotic and prosthetic
provider services and improve patient care: Provided, That $30,000,000
shall be used for carrying out the AT Act, including $4,420,760 for
State grants for protection and advocacy under section 5 of the AT Act
and $4,055,000 shall be for alternative financing programs: Provided
further, That the Federal share of grants for alternative financing
programs under section 4(b)(2)(D) of the AT Act shall not exceed 75
percent, and the requirements in section 301(c)(2) and section 302 of
the AT Act (as in effect on the day before the date of enactment of the
Assistive Technology Act of 2004) shall not apply to such grants:
Provided further, That $7,030,000 of the funds for section 303 of the
Rehabilitation Act of 1973 shall be available for the projects and in
the amounts specified in the statement of the managers of the conference
report accompanying this Act.
[[Page 118 STAT. 3147]]
Special Institutions for Persons With Disabilities
American Printing House for the Blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
et seq.), $17,000,000.
National Technical Institute for the Deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$55,790,000, of which $1,685,000 shall be for construction and shall
remain available until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207.
Gallaudet University
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $105,400,000: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207.
Vocational and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act of 1998, the Adult
Education and Family Literacy Act, and subparts 4 and 11 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), $2,027,166,000, of which $1,226,404,000 shall become
available on July 1, 2005 and shall remain available through September
30, 2006 and of which $791,000,000 shall become available on October 1,
2005 and shall remain available through September 30, 2006: Provided,
That of the amount provided for Adult Education State Grants,
$69,135,000 shall be made available for integrated English literacy and
civics education services to immigrants and other limited English
proficient populations: Provided further, That of the amount reserved
for integrated English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act, 65 percent
shall be allocated to States based on a State's absolute need as
determined by calculating each State's share of a 10-year average of the
Immigration and Naturalization Service data for immigrants admitted for
legal permanent residence for the 10 most recent years, and 35 percent
allocated to States that experienced growth as measured by the average
of the 3 most recent years for which Immigration and Naturalization
Service data for immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount less than
$60,000: Provided further, That of the amounts made available for the
Adult Education and Family Literacy Act, $9,169,000 shall be for
national leadership activities under section 243 and $6,692,000 shall be
for the National Institute for Literacy under section 242: Provided
further, That $100,238,000 shall be available to carry out part D of
title V of the ESEA: Provided further,
[[Page 118 STAT. 3148]]
That $95,238,000 shall be available to support the activities authorized
under subpart 4 of part D of title V of the Elementary and Secondary
Education Act of 1965, of which up to 5 percent shall become available
October 1, 2004 and shall remain available through September 30, 2006,
for evaluation, technical assistance, school networking, peer review of
applications, and program outreach activities, and of which not less
than 95 percent shall become available on July 1, 2005, and remain
available through September 30, 2006, for grants to local educational
agencies: Provided further, That funds made available to local education
agencies under this subpart shall be used only for activities related to
establishing smaller learning communities in high schools.
Student Financial Assistance
For carrying out subparts 1, 3 and 4 of part A, part C and part E of
title IV of the Higher Education Act of 1965, as amended,
$14,380,795,000, which shall remain available through September 30,
2006.
The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
student shall be eligible during award year 2005-2006 shall be $4,050.
Student Aid Administration
For Federal administrative expenses (in addition to funds made
available under section 458), to carry out part D of title I, and
subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of
the Higher Education Act of 1965, as amended, $120,247,000.
Higher Education
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, and VII of the Higher Education Act of
1965 (``HEA''), as amended, section 1543 of the Higher Education
Amendments of 1992, the Mutual Educational and Cultural Exchange Act of
1961, title VIII of the Higher Education Amendments of 1998, and section
117 of the Carl D. Perkins Vocational and Technical Education Act,
$2,134,269,000, of which $1,500,000 for interest subsidies authorized by
section 121 of the HEA shall remain available until expended: Provided,
That $9,876,000, to remain available through September 30, 2006, shall
be available to fund fellowships for academic year 2006-2007 under part
A, subpart 1 of title VII of said Act, under the terms and conditions of
part A, subpart 1: Provided further, That notwithstanding any other
provision of law or any regulation, the Secretary of Education shall not
require the use of a restricted indirect cost rate for grants issued
pursuant to section 117 of the Carl D. Perkins Vocational and Technical
Education Act of 1998: Provided further, That $988,000 is for data
collection and evaluation activities for programs under the HEA,
including such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made available in this
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital
[[Page 118 STAT. 3149]]
to United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of the
funds referred to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and information dissemination
activities and $1,500,000 shall be used for a contract with the National
Research Council to carry out an independent review of title VI
international education and foreign language studies and the section
102(b)(6) Fulbright-Hays programs: Provided further, That the funds
provided for title II of the HEA shall be allocated notwithstanding
section 210 of such Act: Provided further, That $146,360,000 of the
funds for part B of title VII of the Higher Education Act of 1965 shall
be available for the projects and in the amounts specified in the
statement of the managers of the conference report accompanying this
Act.
Howard University
For partial support of Howard University (20 U.S.C. 121 et seq.),
$240,715,000, of which not less than $3,552,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses authorized under section 121 of
the Higher Education Act of 1965, $578,000 to carry out activities
related to existing facility loans entered into under the Higher
Education Act of 1965.
Historically Black College and University Capital Financing Program
Account
The aggregate principal amount of outstanding bonds insured pursuant
to section 344 of title III, part D of the Higher Education Act of 1965,
shall not exceed $357,000,000, and the cost, as defined in section 502
of the Congressional Budget Act of 1974, of such bonds shall not exceed
zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title III, part D of the Higher Education Act of 1965, as amended,
$212,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, as amended, The National Assessment of Educational
Progress Authorization Act, and section 208 of the Educational Technical
Assistance Act of 2002, $527,453,000: Provided, That, of the amount
appropriated, $190,518,000 shall be available for obligation until
September 30, 2006: Provided further, That $83,774,000 shall be for
research and innovation in special education authorized under section
177 of the Education Science Reform Act, as amended: Provided further,
That $10,623,000 of the funds for section 177 of the Act shall be
available for the
[[Page 118 STAT. 3150]]
projects and in the amounts specified in the statement of the managers
of the conference report accompanying this Act.
Departmental Management
Program Administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $423,379,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $90,248,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $47,790,000.
General <<NOTE: Schools.>> Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such transportation) in
order to carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the Department of Education
in this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any
such <<NOTE: Notification. Deadline.>> transfer: Provided, That the
Appropriations Committees of both Houses of Congress are notified at
least 15 days in advance of any transfer.
[[Page 118 STAT. 3151]]
Sec. 305. Section 8002(m) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7702(m)) is amended by striking ``5 years'' each
place it appears and inserting ``7 years''.
Sec. 306. (a) Section 167 of division H of the Consolidated
Appropriations Act, 2004 (Public Law 108-199; 118 <<NOTE: Ante, p.
452.>> Stat. 3) is amended by striking ``$200,000, for Western Maine
Technical College, South Paris, Maine, for education programs and
marketing activities'' and inserting ``$200,000, for Central Maine
Community College, Auburn, Maine, for education programs, student
recruitment and marketing activities at the Central Maine Community
College-Western Maine University and Community College Center in South
Paris, Maine''.
(b) <<NOTE: Utah.>> In the statement of the managers of the
committee of conference accompanying H.R. 2673 (Public Law 108-199;
House Report 108-401), in the matter in title III of division E,
relating to the Fund for the Improvement of Education under the heading
``Innovation and Improvement'' the provision specifying $300,000 for the
Provo City Public Schools, Provo, Utah, to develop, purchase and
implement an English language instructional program for training and
certifying ESL teachers shall be deemed to read as follows: ``Provo City
Public Schools, Provo, Utah, for an English language instructional
program, $300,000''.
Sec. 307. <<NOTE: Marshall Islands. Micronesia.>> Notwithstanding
any other provision of law, students from the Republic of the Marshall
Islands and the Federated States of Micronesia enrolled in institutions
in the Republic of Palau shall be eligible for grants under subpart 1 of
part A of title IV of the Higher Education Act of 1965 to the extent
such grants continue to be available to students from the Republic of
the Marshall Islands and the Federated States of Micronesia who are
attending institutions in the United States.
This title may be cited as the ``Department of Education
Appropriations Act, 2005''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington and
the Armed Forces Retirement Home--Gulfport, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund, $61,624,000,
of which $4,000,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed Forces
Retirement Home--Washington and the Armed Forces Retirement Home--
Gulfport.
Committee for Purchase From People Who Are Blind or Severely Disabled
For expenses necessary of the Committee for Purchase From People Who
Are Blind or Severely Disabled established by Public Law 92-28,
$4,707,000.
[[Page 118 STAT. 3152]]
Corporation for National and Community Service
Domestic Volunteer Service Programs, Operating Expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $356,598,000: Provided, That none of
the funds made available to the Corporation for National and Community
Service in this Act for activities authorized by section 122 of part C
of title I and part E of title II of the Domestic Volunteer Service Act
of 1973 shall be used to provide stipends or other monetary incentives
to volunteers or volunteer leaders whose incomes exceed 125 percent of
the national poverty level.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2007, $400,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That for fiscal
year 2005, in addition to the amounts provided above, $39,705,000 shall
be for costs related to digital program production, development, and
distribution, associated with the transition of public broadcasting to
digital broadcasting, to be awarded as determined by the Corporation in
consultation with public radio and television licensees or permittees,
or their designated representatives: Provided further, That for fiscal
year 2005, in addition to the amounts provided above, $40,000,000 shall
be for the costs associated with replacement and upgrade of the public
television interconnection system: Provided further, That none of the
funds made available to the Corporation for Public Broadcasting by this
Act, Public Law 108-199 or Public Law 108-7, shall be used to support
the Television Future Fund or any similar purpose.
Federal Mediation and Conciliation Service
Salaries and Expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$44,797,000, including $1,500,000, to remain available through September
30, 2006, for activities authorized by the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees
[[Page 118 STAT. 3153]]
charged, up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance, including
those provided to foreign governments and international organizations,
and for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further,
That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
Salaries and Expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission (30 U.S.C. 801 et seq.), $7,872,000.
Institute of Museum and Library Services
Office of Museum and Library Services: Grants and Administration
For carrying out the Museum and Library Services Act of 1996,
$282,827,000, to remain available until expended: Provided, That of the
amount provided, $100,000 shall be awarded to Academy of Natural
Sciences, Philadelphia, Pennsylvania, for exhibits and programming
associated with the Lewis and Clark expedition, $300,000 shall be
awarded to Alaska Native Heritage Museum, Anchorage, AK in cooperation
with the Koahnic Broadcasting Corporation for its Elders Oral History
Project, $50,000 shall be awarded to Alex Haley House and Museum,
Henning, TN to preserve collections and improve exhibits, $100,000 shall
be awarded to Allegheny County, Pittsburgh, Pennsylvania, for exhibit
design and development, $100,000 shall be awarded to Allentown Public
Library, Allentown, Pennsylvania, for technological upgrades and
educational programs, $400,000 shall be awarded to AMISTAD America,
Inc., New Haven, Connecticut, for an endowment fund as authorized under
Public Law 108-184, $320,000 shall be awarded to Amistad Research
Center, Tulane University, New Orleans, Louisiana, for faculty research
fellowship and student internship programs, $50,000 shall be awarded to
Anniston Museum of Natural History, Anniston, Alabama, for enhanced
classroom curriculum, $100,000 shall be awarded to Antiquarian &
Landmarks Society, Hartford, Connecticut, for the Nathan Hale Homestead
in Coventry, $100,000 shall be awarded to Arab Community Center for
Economic and Social Services (ACCESS), Dearborn, Michigan, for exhibits
and museum programs, $75,000 shall be awarded to Athenaeum of
Philadelphia, Philadelphia, Pennsylvania, for conservation and
preservation of library materials, $75,000 shall be awarded to Audubon
Pennsylvania, Audubon, Pennsylvania, for exhibits and nature education
programs at the Mill Grove Audubon Center, $200,000 shall be awarded to
Autry National Center, Los Angeles, California, for exhibits, education
programs and outreach at its Southwest Museum of the American Indian
and/or its Museum of the American West, $200,000 shall be awarded to
Baylor University, Waco, Texas, for archival activities, exhibits, and
education
[[Page 118 STAT. 3154]]
programs for the Mayborn Museum Complex, $500,000 shall be awarded to
Beth Medrash Govoha, Lakewood, New Jersey, for equipment, exhibits and
preservation of collections, $125,000 shall be awarded to
Bibliographical Society of America, New York, New York, $500,000 shall
be awarded to Bishop Museum in Hawaii for digitization of old Hawaiian
language newspapers and other activities to preserve the culture of
Native Hawaiians, $100,000 shall be awarded to Boys and Girls Harbor,
New York, New York, for the preservation and digitalization of Raices
Collection, a multi-media collection documenting the history of Afro-
Caribbean Latin music in America, $75,000 shall be awarded to Brooklyn
Academy of Music, Brooklyn, New York, for preservation and management of
its archives, $50,000 shall be awarded to Business Association of West
Parkside, Philadelphia, Pennsylvania, to exhibit the Negro Leagues
Baseball Memorial, $200,000 shall be awarded to Canton Museum of Art,
Canton, Ohio, to develop and implement the HeARTland program, $100,000
shall be awarded to Cape Cod Maritime Museum, Hyannis, Massachusetts,
for the development of exhibitions and programs, $100,000 shall be
awarded to Carnegie Museums of Pittsburgh, Pittsburgh, Pennsylvania, for
preservation of collections at the Carnegie Museum of Natural History,
$25,000 shall be awarded to Catawba County Historical Association,
Newton, North Carolina, $200,000 shall be awarded to Chaldean Community
Culture Center, West Bloomfield, Michigan, for programs that promote
Chaldean language, history, culture and teacher training, $400,000 shall
be awarded to Charles H. Wright Museum of African American History,
Detroit, Michigan, for exhibits, education programs, technology and
operations, $84,000 shall be awarded to Cherry Hill Township in New
Jersey for improved library technology, $150,000 shall be awarded to
Chicago Historical Society, Chicago, Illinois, for expansion of the
Chicago Historical Society's collections and exhibits, $200,000 shall be
awarded to Children's Museum in Oak Lawn, Oak Lawn, Illinois, for its
``Explore and Soar'' education program, $100,000 shall be awarded to
City of Henderson, North Carolina, for personnel, equipment and
technology for the H. Leslie Perry Memorial Library, $200,000 shall be
awarded to City of Jackson, Mississippi, for the Medger Wiley Evers
Museum for program and exhibit design and development, $250,000 shall be
awarded to City of Jackson, Tennessee, to support technology upgrades at
the Jackson-Madison County Public Library, $150,000 shall be awarded to
City of Murrieta Public Library, Murrieta, California, for a Literacy
thru Technology Program, $500,000 shall be awarded to Claude Pepper
Center in Tallahassee, Florida for the digitization of library holdings,
$100,000 shall be awarded to College of Physicians of Philadelphia,
Philadelphia, Pennsylvania, to preserve its medical library and art
collection, $50,000 shall be awarded to Colleton County Memorial
Library, Walterboro, South Carolina, for books and library materials,
$76,000 shall be awarded to Columbus Museum of Art, Columbus, Ohio, to
develop, test, and fabricate the exhibition, train teachers and docents
and publicize the project and produce related educational materials,
$72,000 shall be awarded to Contra Costa County, Martinez, California,
for the Contra Costa Reads program, $300,000 shall be awarded to Currier
Museum of Art, Manchester, New Hampshire for educational programs and
community outreach, $825,000 shall be awarded to Des Moines Arts Center
for the protection of the current collection, $500,000 shall be awarded
to
[[Page 118 STAT. 3155]]
East Tennessee Historical Society, Knoxville, Tennessee, to expand and
develop exhibits that teach of the culture and history of east
Tennessee, $30,000 shall be awarded to Edison House Museum, Louisville,
Kentucky, for educational programs, $100,000 shall be awarded to
Everhart Museum, Scranton, Pennsylvania, $430,000 shall be awarded to
Experience Music Project in Seattle, Washington, for an Oral History
Program, $100,000 shall be awarded to Fairfax County Public Library,
Fairfax, Virginia, for its Motheread/Fatheread Plus family literacy
initiative, $800,000 shall be awarded to Field Museum, Chicago,
Illinois, for establishing networked computer database for collections
management, $100,000 shall be awarded to Fine Arts Museums of San
Francisco for the De Young Museum's Art Education Program, $275,000
shall be awarded to Florence Library Learning Center, Los Angeles,
California, for reading and other education programs, $650,000 shall be
awarded to Florida International Museum, St. Petersburg, Florida, for
professional activities, $500,000 shall be awarded to Folger Library,
Washington, D.C., for exhibits, operations, and public programs
including education and outreach, $50,000 shall be awarded to Frederick
Douglass Museum, Washington, D.C., for an African American cultural
outreach center, $75,000 shall be awarded to Free Library of
Philadelphia, Philadelphia, Pennsylvania, for technology and equipment
upgrades, $350,000 shall be awarded to George Washington University,
Washington, D.C., for the Eleanor Roosevelt Papers Project, $12,000
shall be awarded to Greenburgh Public Library, Tarrytown, New York, for
computers and technology, $50,000 shall be awarded to Greensburg
Hempfield Area Public Library, Greensburg, Pennsylvania, for computers,
$500,000 shall be awarded to Grout Museum, Waterloo, Iowa, for
exhibitions, $200,000 shall be awarded to Harbor Heritage Society,
Cleveland, Ohio, for MAKING WAVES: Vessel-wide interpretive exhibit
planning for the Steamship William G. Mather Maritime Museum, $250,000
shall be awarded to HealthSpace Cleveland, Cleveland, Ohio, for
exhibits, $75,000 shall be awarded to Hellenic Cultural Association,
Salt Lake City, Utah, for exhibit and program development at the
Hellenic Cultural Museum, $150,000 shall be awarded to Hendry County,
LaBelle, Florida, for books and technology for Harlem Library, $500,000
shall be awarded to Hesperia Community Library, Hesperia, California,
$75,000 shall be awarded to Historical Society of Western Pennsylvania,
Pittsburgh, Pennsylvania, for exhibit and curriculum development for the
Western Pennsylvania Sports Museum, $75,000 shall be awarded to
HistoryMakers, Chicago, Illinois, to create a digital archive dedicated
to preserving the history and accomplishments of African Americans,
$150,000 shall be awarded to Home Port Alliance for the USS New Jersey
for restoration and preservation, $100,000 shall be awarded to
Hopkinsville-Christian County Public Library, Hopkinsville, Kentucky,
$250,000 shall be awarded to Hunter College, New York, New York, to
digitize, preserve and archive collections of the Center for Puerto
Rican Studies and for public access and dissemination activities,
$300,000 shall be awarded to Huntsville Museum of Art, Huntsville,
Alabama, for exhibits, technology, outreach and education programs,
$300,000 shall be awarded to International Museum of Women, San
Francisco, California, for education and teacher professional
development programs, $75,000 shall be awarded to Iona College, New
York, for technology upgrade for the Ryan Library, $150,000 shall be
awarded to Italian-American
[[Page 118 STAT. 3156]]
Cultural Center of Iowa in Des Moines, Iowa, for exhibits, multi-media
collections, display, $72,000 shall be awarded to Jackson County Library
System, Ripley, West Virginia, $415,000 shall be awarded to James Ford
Bell Museum of Natural History, University of Minnesota, Minneapolis,
Minnesota, for exhibits and education programs, $350,000 shall be
awarded to Johnstown Area Heritage Association, Johnstown, Pennsylvania,
for exhibits and education programs for the Heritage Discovery Center,
$25,000 shall be awarded to Josephine School Community Museum,
Berryville, Virginia, $400,000 shall be awarded to Kansas State
University, Manhattan, Kansas, for the 20th Century Soldier Project,
$250,000 shall be awarded to Kidspace Children's Museum, Pasadena,
California, to develop its Shake Zone Education Exhibit, $100,000 shall
be awarded to Lafayette College, Easton, Pennsylvania, for technology
updates to the David Bishop Skillman Library, $50,000 shall be awarded
to Livingston Parish Hungarian Museum, Denham Springs, Louisiana,
$500,000 shall be awarded to Maltz Museum of Jewish Heritage, Beachwood,
Ohio, for a Cradle of Christianity: Biblical Treasures from the Holy
Land traveling exhibition, $250,000 shall be awarded to MAPS Air Museum,
North Canton, Ohio, to develop educational displays, upkeep of current
displays, library expansion, historical research and operation expenses,
$100,000 shall be awarded to Mauch Chunk Historical Society of Carbon
County, Jim Thorpe, Pennsylvania, $500,000 shall be awarded to Memphis
Zoo, Memphis, Tennessee, to develop exhibits and support students
programs, $400,000 shall be awarded to Miami Museum of Science & Space
Transit Planetarium, Miami, Florida, for exhibits, outreach, and
education programs, $200,000 shall be awarded to Mid-Hudson Children's
Museum, Poughkeepsie, New York, for a Comprehensive Technology
Enrichment Program to enhance exhibits, $40,000 shall be awarded to
Milford Area Historical Society, Milford, Ohio, for the Promont House
Museum, $450,000 shall be awarded to Milton J. Rubenstein Museum of
Science and Technology, Syracuse, New York, $1,540,000 shall be awarded
to Missouri Historical Society, St. Louis, Missouri, for the
establishment and maintenance of an archive for materials relating to
the Congressional career of the Honorable Richard A. Gephardt, $260,000
shall be awarded to Mount Vernon Public Library, Mount Vernon, New York
for operations and upgrades, $100,000 shall be awarded to Mt. San
Antonio College, Walnut, California for equipment, $500,000 shall be
awarded to Museum of Appalachia, Norris, Tennessee, to preserve and
restore the collection of Appalachian pioneer artifacts, $250,000 shall
be awarded to Museum of Aviation Foundation, Warner Robin, Georgia,
$200,000 shall be awarded to Museum of Fine Arts, Boston, Massachusetts,
for the development of exhibitions and programs, $600,000 shall be
awarded to Museum of Flight in Seattle, Washington, for the American
Fighter Aces Archive and Collection, $250,000 shall be awarded to Museum
of Science and Industry, Chicago, Illinois, for the Science in Your
World Program, $500,000 shall be awarded to Museum of Science, Boston,
Massachusetts, for community outreach, exhibit design and development,
and educational programs, $75,000 shall be awarded to National Center
for American Revolution, Wayne, Pennsylvania, for exhibit design and
curriculum development for the Museum of the American Revolution at
Valley Forge National Historic Park, $100,000 shall
[[Page 118 STAT. 3157]]
be awarded to National City Public Library, National City, California,
for collections and technology, $950,000 shall be awarded to National D-
Day Museum in New Orleans, Louisiana, to improve the education,
outreach, and exhibition of the museum, $100,000 shall be awarded to
National Museum of American Jewish History, Philadelphia, Pennsylvania,
to develop a fully interactive learning center linked to their web site
that will extend the reach of the Museum, $1,000,000 shall be awarded to
National Museum of Women in the Arts, Washington, D.C., $750,000 shall
be awarded to National Trust for Historic Preservation, Washington,
D.C., for the Farnsworth House Museum in Plano, Illinois, $2,100,000
shall be awarded to Native American Cultural Center and Museum, Oklahoma
City, Oklahoma, $500,000 shall be awarded to New York Botanical Garden,
Bronx, New York, for the Virtual Herbarium Project, $1,000,000 shall be
awarded to New York Hall of Science to develop, expand, and display
science-related materials, $90,000 shall be awarded to North Carolina
Museum of Art Foundation, Inc., Raleigh, North Carolina, for exhibits
and education programs, $1,000,000 shall be awarded to Omaha Performing
Arts Center in Nebraska for telecommunications systems, $100,000 shall
be awarded to Pennsylvania Hunting & Fishing Museum, Warren,
Pennsylvania, to develop curriculum for conservation education, $200,000
shall be awarded to Pittsburgh Children's Museum, Pittsburgh,
Pennsylvania, to expand arts and after-school programs for at-risk
children, $950,000 shall be awarded to Please Touch Museum,
Philadelphia, Pennsylvania, to develop educational programs focusing on
hands-on learning experiences, $320,000 shall be awarded to Portland
State University, Portland, Oregon, to enhance library collections and
outreach in the area of Middle Eastern and Judaic Studies, $50,000 shall
be awarded to Putnam County Library, Cookeville, Tennessee, to improve
exhibits and purchase technology upgrades, $100,000 shall be awarded to
Reading Company Technical and Historical Society, Inc., Reading,
Pennsylvania, to expand interpretive activities, $550,000 shall be
awarded to Rochester Museum & Science Center, Rochester, New York, for
expansion of exhibitions, $350,000 shall be awarded to Rock and Roll
Hall of Fame and Museum, Cleveland, Ohio, for music education programs,
$200,000 shall be awarded to Saint Louis County Economic Council, Saint
Louis, Missouri, for Jefferson Barracks, $100,000 shall be awarded to
Sam Davis Memorial Association, Smyrna, Tennessee, for interpretive
exhibits and education programs for the Sam Davis Home, $350,000 shall
be awarded to San Bernardino County, San Bernardino, California, for the
San Bernardino County Museum, $300,000 shall be awarded to Save the
Speaker's House, Inc., Trappe, Pennsylvania, $315,000 shall be awarded
to Sci-Quest, The North Alabama Science Center, Huntsville, Alabama, for
science and mathematics education programs, $175,000 shall be awarded to
Serra Cooperative Library System, San Diego, California, $100,000 shall
be awarded to Simon Wiesenthal Center's Los Angeles Museum for
Tolerance, Los Angeles, California, for the Tools for Tolerance for
Educators program to provide teacher training in diversity, tolerance
and cooperation, $50,000 shall be awarded to Smithtown Library,
Smithtown, New York, for equipment and technology for its Virtual
Worldwide Neighborhood Website Project, $75,000 shall be awarded to
Soldiers and Sailors National Military Museum and Memorial, Pittsburgh,
Pennsylvania, for education and outreach programs, $125,000 shall
[[Page 118 STAT. 3158]]
be awarded to Southwest Missouri State University, Springfield,
Missouri, for digitization of Archives and Rare-book Collections at the
Meyer Library, $250,000 shall be awarded to Stark County Park District,
Canton, Ohio, for exhibits, $1,000,000 shall be awarded to State
Historical Society of Iowa in Des Moines, Iowa, for the development of
exhibits for the World Food Prize, $250,000 shall be awarded to Taft
Museum of Art, Cincinnati, Ohio, $600,000 shall be awarded to Tubman
African American Museum, Macon, Georgia, $250,000 shall be awarded to
University of Alaska Fairbanks for the continuation of the Alaska
Digital Archives project, $250,000 shall be awarded to University of
Vermont of Burlington, Vermont, for a digitization project for the
preservation of Vermont cultural heritage materials, $500,000 shall be
awarded to Vietnam Archives Center at Texas Tech University, Lubbock,
Texas, for technology infrastructure, $200,000 shall be awarded to
Virginia Living Museum, Newport News, Virginia, for science education,
$135,000 shall be awarded to Waterloo Center for the Arts, Waterloo,
Iowa, for the Youth Pavillion to provide educational programs and
exhibit design and development, $400,000 shall be awarded to Western
Reserve Historical Society, Cleveland, Ohio, $25,000 shall be awarded to
William McKinley Presidential Library and Museum, Canton, Ohio, $50,000
shall be awarded to Williamsburg County Library, Kingstree, South
Carolina, for books, library materials and computers, $250,000 shall be
awarded to Winchester Conservation Museum, Edgefield, South Carolina,
$50,000 shall be awarded to Wisconsin Historical Society, Madison,
Wisconsin, to catalog and microfilm military base papers, $100,000 shall
be awarded to Witte Museum, San Antonio, Texas, for the Water Works
project, $75,000 shall be awarded to Woodmere Art Museum, Philadelphia,
Pennsylvania, for technology upgrades and education and outreach
programs, $500,000 shall be awarded to Woodrow Wilson Presidential
Library, Staunton, Virginia, $100,000 shall be awarded to World War II
Victory Memorial Museum, Auburn, Indiana, and $75,000 shall be awarded
to Zimmer Children's Museum, Los Angeles, California, to develop and
expand the youTHink education program.
Medicare Payment Advisory Commission
Salaries and Expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $9,979,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
Salaries and Expenses
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91-345, as amended), $1,001,000.
[[Page 118 STAT. 3159]]
National Council on Disability
Salaries and Expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$3,371,000.
National Labor Relations Board
Salaries and Expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $251,875,000:
Provided, That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used in
connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least 95
percent of the water stored or supplied thereby is used for farming
purposes.
National Mediation Board
Salaries and Expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $11,722,000.
Occupational Safety and Health Review Commission
Salaries and Expenses
For expenses necessary for the Occupational Safety and Health Review
Commission (29 U.S.C. 661), $10,595,000.
Railroad Retirement Board
Dual Benefits Payments Account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $108,000,000,
which shall include amounts becoming available in fiscal year 2005
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $108,000,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the fiscal
year.
[[Page 118 STAT. 3160]]
Federal Payments to the Railroad Retirement Accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2006, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
Limitation on Administration
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $103,370,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
Limitation on the Office of Inspector General
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $7,254,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office.
Social Security Administration
Payments to Social Security Trust Funds
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,454,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$28,586,829,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
[[Page 118 STAT. 3161]]
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2006, $10,930,000,000, to
remain available until expended.
Limitation on Administrative Expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $15,000 for official reception and
representation expenses, not more than $8,674,296,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $2,000,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2005 not needed for fiscal year 2005
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further, That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to section 7131 of title 5, United States Code, and for
facilities or support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.
In addition, $124,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2005 exceed $124,000,000, the amounts shall be available in
fiscal year 2006 only to the extent provided in advance in
appropriations Acts.
In addition, up to $3,600,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act (Public
Law 108-203), which shall remain available until expended.
From funds previously appropriated for Federal-State Partnerships,
any unobligated balances at the end of fiscal year 2004 shall be
transferred to the Supplemental Security Income Program and remain
available until expended to promote Medicare buy-in programs targeted to
elderly and disabled individuals under titles XVIII and XIX of the
Social Security Act.
Office of Inspector General
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $25,748,000, together with not to exceed $65,359,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
[[Page 118 STAT. 3162]]
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is <<NOTE: Notice.>> available: Provided, That notice of
such transfers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Salaries and expenses,
Federal Mediation and Conciliation Service''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $5,000 from funds
available for ``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection of
any illegal drug.
Sec. 506. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
[[Page 118 STAT. 3163]]
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 509. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this
[[Page 118 STAT. 3164]]
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
Sec. 510. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established by section 202 of the Controlled Substances Act
(21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
Sec. 513. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 514. None of the funds made available by this Act to carry out
the Library Services and Technology Act may be made available to any
library covered by paragraph (1) of section 224(f) of such Act (20
U.S.C. 9134(f)), as amended by the Children's Internet Protections Act,
unless such library has made the certifications required by paragraph
(4) of such section.
Sec. 515. None of the funds made available by this Act to carry out
part D of title II of the Elementary and Secondary Education Act of 1965
may be made available to any elementary or secondary school covered by
paragraph (1) of section 2441(a) of such Act (20 U.S.C. 6777(a)), as
amended by the Children's Internet Protections Act and the No Child Left
Behind Act, unless the local educational agency with responsibility for
such covered school has made the certifications required by paragraph
(2) of such section.
Sec. 516. None of the funds appropriated in this Act may be used to
enter into an arrangement under section 7(b)(4) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental
financial institution to serve as disbursing agent for benefits payable
under the Railroad Retirement Act of 1974.
[[Page 118 STAT. 3165]]
Sec. 517. (a) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year 2005,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees.
None of the funds made available by this Act may be reprogrammed
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of a reprogramming or announcement of intent
to reprogram funds, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2005, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress are
notified 15 days in advance of a reprogramming or announcement
of intent to reprogram funds, whichever occurs earlier.
Sec. 518. <<NOTE: Alaska. Real property.>> Notwithstanding any other
provision of law or regulation, the United States Government's interest
in the property at 1818 W. Northern Lights Boulevard in Anchorage,
Alaska, with legal description: T13N R4W Section 25, NE\1/4\ NW\1/4\
Portion W135 E953 N350, Anchorage Recording District shall be conveyed
to Southcentral Foundation for a replacement Head Start facility.
Sec. 519. (a) In General.--Amounts made available under this Act for
the administrative and related expenses for departmental management for
the Department of Labor, the Department of Health and Human Services,
and the Department of Education shall be reduced on a pro
rata <<NOTE: Deadline. Reports.>> basis by $18,000,000: Provided, That
not later than 15 days after the enactment of this Act, the Director of
the Office of Management and Budget shall report to the House and Senate
Committees on Appropriations the accounts subject to the pro rata
reductions and the amount to be reduced in each account.
[[Page 118 STAT. 3166]]
(b) Limitation.--The reduction required by subsection (a) shall not
apply to the Food and Drug Administration and the Indian Health Service.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2005''.
DIVISION <<NOTE: Legislative Branch Appropriations Act, 2005.>> G
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005
TITLE <<NOTE: 2 USC 60a note.>> I--LEGISLATIVE BRANCH APPROPRIATIONS
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the President
Pro Tempore of the Senate, $40,000; Majority Leader of the Senate,
$40,000; Minority Leader of the Senate, $40,000; Majority Whip of the
Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro
Tempore emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each Chairman; in
all, $195,000.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $134,840,000, which shall be paid
from this appropriation without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,108,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $561,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus, $163,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $3,808,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $2,556,000.
[[Page 118 STAT. 3167]]
committee on appropriations
For salaries of the Committee on Appropriations, $13,301,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,413,000 for each such committee; in all, $2,826,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $702,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,473,000 for each such committee; in all,
$2,946,000.
office of the chaplain
For Office of the Chaplain, $341,000.
office of the secretary
For Office of the Secretary, $19,586,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $50,635,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,528,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $33,779,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $5,152,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,265,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $6,000;
Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary
[[Page 118 STAT. 3168]]
for the Majority of the Senate, $6,000; Secretary for the Minority of
the Senate, $6,000; in all, $24,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under section 134(a) of the Legislative Reorganization Act
of 1946 (Public Law 97-601), section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate
Resolution 281, 96th Congress, agreed to March 11, 1980, $110,000,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $520,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$1,700,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $127,182,000, of which $20,045,000 shall remain available
until September 30, 2007, and of which $4,255,000 shall remain available
until September 30, 2009.
miscellaneous items
For miscellaneous items, $18,326,000, of which up to $500,000 shall
be made available for a pilot program for mailings of postal patron
postcards by Senators for the purpose of providing notice of a town
meeting by a Senator in a county (or equivalent unit of local
government) at which the Senator will personally attend: Provided, That
any amount allocated to a Senator for such mailing shall not exceed 50
percent of the cost of the mailing and the remaining cost shall be paid
by the Senator from other funds available to the Senator.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$326,533,000.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
ADMINISTRATIVE PROVISIONS
Sec. 1. Gross <<NOTE: 2 USC 61-1.>> Rate of Compensation in Offices
of Senators. Effective on and <<NOTE: 2 USC 61-1 note.>> after October
1, 2004, each of the dollar amounts contained in the table under section
105(d)(1)(A) of the Legislative Branch Appropriations Act, 1968 (2
U.S.C. 61-1(d)(1)(A)) shall be deemed to be the dollar amounts in that
table, as adjusted
[[Page 118 STAT. 3169]]
by law and in effect on September 30, 2004, increased by an additional
$50,000 each.
Sec. 2. <<NOTE: 2 USC 61h-6 note.>> Consultants. With respect to
fiscal year 2005, the first sentence of section 101(a) of the
Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) shall be
applied by substituting ``nine individual consultants'' for ``eight
individual consultants''.
Sec. 3. United States Senate Collection. Section 316 of Public Law
101-302 (2 U.S.C. 2107) is amended in the first sentence of subsection
(a) by striking ``2004'' and inserting ``2005''.
Sec. 4. President Pro Tempore Emeritus of the Senate. Section 7(e)
of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note)
is amended by inserting ``and the 109th Congress'' after ``108th
Congress''.
Sec. 5. <<NOTE: 2 USC 31a-2d.>> Transfer of Funds From
Appropriations Account of the Office of the Vice President and the
Offices of the Secretaries for the Majority and Minority to the Senate
Contingent Fund. (a) Office of the Vice President.--
(1) In general.--Upon the written request of the Vice
President, the Secretary of the Senate shall transfer from the
appropriations account appropriated under the subheading
``office of the vice president'' under the heading ``Salaries,
Officers and Employees'' such amount as the Vice President shall
specify to the appropriations account under the heading
``miscellaneous items'' within the contingent fund of the
Senate.
(2) Authority to incur expenses.--The Vice President may
incur such expenses as may be necessary or appropriate. Expenses
incurred by the Vice President shall be paid from the amount
transferred under paragraph (1) by the Vice President and upon
vouchers approved by the Vice President.
(3) Authority to advance sums.--The Secretary of the Senate
may advance such sums as may be necessary to defray expenses
incurred in carrying out paragraphs (1) and (2).
(b) Offices of the Secretaries for the Majority and Minority.--
(1) In general.--Upon the written request of the Secretary
for the Majority or the Secretary for the Minority, the
Secretary of the Senate shall transfer from the appropriations
account appropriated under the subheading ``offices of the
secretaries for the majority and minority'' under the heading
``Salaries, Officers and Employees'' such amount as the
Secretary for the Majority or the Secretary for the Minority
shall specify to the appropriations account under the heading
``miscellaneous items'' within the contingent fund of the
Senate.
(2) Authority to incur expenses.--The Secretary for the
Majority or the Secretary for the Minority may incur such
expenses as may be necessary or appropriate. Expenses incurred
by the Secretary for the Majority or the Secretary for the
Minority shall be paid from the amount transferred under
paragraph (1) by the Secretary for the Majority or the Secretary
for the Minority and upon vouchers approved by the Secretary for
the Majority or the Secretary for the Minority, as applicable.
(3) Authority to advance sums.--The Secretary of the Senate
may advance such sums as may be necessary to defray expenses
incurred in carrying out paragraphs (1) and (2).
[[Page 118 STAT. 3170]]
(c) Effective Date.--This section shall apply to fiscal year 2005
and each fiscal year thereafter.
Sec. 6. Activities Relating to Foreign Parliamentary Groups and
Foreign Officials. Section 2(c) of chapter VIII of title I of the
Supplemental Appropriations Act, 1987 (2 U.S.C. 65f(c)) is amended in
the first sentence by striking ``with the approval of'' and inserting
``and upon notification to''.
Sec. 7. <<NOTE: 2 USC 59d-1.>> Transportation of Official Records
and Papers to a Senator's State. (a) Payment of Reasonable
Transportation Expenses.--Upon request of a Senator, amounts in the
appropriation account ``Miscellaneous Items'' within the contingent fund
of the Senate shall be available to pay the reasonable expenses of
sending or transporting the official records and papers of the Senator
from the District of Columbia to any location designated by such Senator
in the State represented by the Senator.
(b) Sending and Transportation.--The Sergeant at Arms and Doorkeeper
of the Senate shall provide for the most economical means of sending or
transporting the official records and papers under this section while
ensuring the orderly and timely delivery of the records and papers to
the location specified by the Senator.
(c) Oversight.--The Committee on Rules and Administration shall have
the authority to issue rules and regulations to carry out the provisions
of this section.
(d) Official Records Defined.--In this section, the term ``official
records and papers'' means books, records, papers, and official files
which could be sent as franked mail.
(e) Effective Date.--This section shall apply with respect to fiscal
year 2005 and each succeeding fiscal year.
Sec. 8. <<NOTE: 2 USC 117d-1.>> Compensation for Lost or Damaged
Property. (a) In General.--Any amounts received by the Sergeant at Arms
and Doorkeeper of the Senate (in this section referred to as the
``Sergeant at Arms'') for compensation for damage to, loss of, or loss
of use of property of the Sergeant at Arms that was procured using
amounts available to the Sergeant at Arms in the account for Contingent
Expenses, Sergeant at Arms and Doorkeeper of the Senate, shall be
credited to that account or, if applicable, to any subaccount of that
account.
(b) Availability.--Amounts credited to any account or subaccount
under subsection (a) shall be merged with amounts in that account or
subaccount and shall be available to the same extent, and subject to the
same terms and conditions, as amounts in that account or subaccount.
(c) Effective Date.--This section shall apply with respect to fiscal
year 2005 and each fiscal year thereafter.
Sec. 9. <<NOTE: 2 USC 88b-1.>> Age Requirement for Senate Pages.
Section 491(b)(1) of the Legislative Reorganization Act of 1970 (2
U.S.C. 88b-1(b)(1)) is amended by striking ``fourteen'' and inserting
``sixteen''.
Sec. 10. Treatment of Electronic Services Provided by Sergeant at
Arms. The Office of the Sergeant at Arms and Doorkeeper of the United
States Senate, and any officer, employee, or agent of the Office, shall
not be treated as acquiring possession, custody, or control of any
electronic mail or other electronic communication, data, or information
by reason of its being transmitted, processed, or stored (whether
temporarily or otherwise) through the use of an electronic system
established, maintained, or operated, or the use of electronic services
provided, in whole or in part by the Office.
[[Page 118 STAT. 3171]]
Sec. 11. Modification of Application of Section 47 of the Revised
Statutes. Section 47 of the Revised Statutes of the United States (2
U.S.C. 48) is amended by striking ``of Senators shall be certified by
the President of the Senate, and those of Representatives and
Delegates'' and inserting ``of Representatives and Delegates shall be
certified''.
Sec. 12. <<NOTE: 2 USC 1975.>> Overseas Travel. (a) Definition.--In
this section, the term ``United States'' means each of the several
States of the United States, the District of Columbia, and the
territories and possessions of the United States.
(b) In General.--A member of the Capitol Police may travel outside
of the United States if--
(1) that travel is with, or in preparation for, travel of a
Senator, including travel of a Senator as part of a
congressional delegation;
(2) the member of the Capitol Police is performing security
advisory and liaison functions (including advance security
liaison preparations) relating to the travel of that Senator;
and
(3) the Sergeant at Arms and Doorkeeper of the Senate gives
prior approval to the travel of the member of the Capitol
Police.
(c) Law Enforcement Functions.--Subsection (b) shall not be
construed to authorize the performance of law enforcement functions by a
member of the Capitol Police in connection with the travel authorized
under that subsection.
(d) Reimbursement.--The Capitol Police shall be reimbursed for the
overtime pay, travel, and related expenses of any member of the Capitol
Police who travels under the authority of this section. Any
reimbursement under this subsection shall be paid from the account under
the heading ``sergeant at arms and doorkeeper of the senate'' under the
heading ``Contingent Expenses of the Senate''.
(e) Amounts Received.--Any amounts received by the Capitol Police
for reimbursements under subsection (d) shall be credited to the
accounts established for the general expenses or salaries of the Capitol
Police, and shall be available to carry out the purposes of such
accounts during the fiscal year in which the amounts are received and
the following fiscal year.
(f) Effective Date.--This section shall apply to fiscal year 2005
and each fiscal year thereafter.
Sec. 13. Expense Allowances. (a) In General.--The matter under the
subheading ``expense allowances of the vice president, president pro
tempore, majority and minority leaders and majority and minority whips''
under the heading ``LEGISLATIVE BRANCH'' under chapter VI of title I of
the Second Supplemental Appropriations Act, 1978 (Public Law 95-355; 92
Stat. 532) is amended--
(1) in the second sentence (2 U.S.C. 31a-1) (relating to the
Majority and Minority Leaders of the Senate) by striking
``$20,000'' and inserting ``$40,000''; and
(2) in the third sentence (2 U.S.C. 32b) (relating to the
President pro tempore) by striking ``$20,000'' and inserting
``$40,000''.
(b) President Pro Tempore Emeritus.--Section 7(d) of the Legislative
Branch Appropriations Act, 2003 (2 U.S.C. 32b note) is amended in the
first sentence (relating to the President pro tempore emeritus) by
striking ``$7,500'' and inserting ``$15,000''.
[[Page 118 STAT. 3172]]
(c) <<NOTE: 2 USC 31a-1 note.>> Effective Date.--The amendments made
by this section shall apply to fiscal year 2005 and each fiscal year
thereafter.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,048,581,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $18,678,000,
including: Office of the Speaker, $2,708,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,027,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $2,840,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,741,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $1,303,000,
including $5,000 for official expenses of the Minority Whip; Speaker's
Office for Legislative Floor Activities, $470,000; Republican Steering
Committee, $881,000; Republican Conference, $1,500,000; Democratic
Steering and Policy Committee, $1,589,000; Democratic Caucus, $792,000;
nine minority employees, $1,409,000; training and program development--
majority, $290,000; training and program development--minority,
$290,000; Cloakroom Personnel--majority, $419,000; and Cloakroom
Personnel--minority, $419,000.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $521,195,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $114,299,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2006.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$24,926,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2006.
[[Page 118 STAT. 3173]]
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $160,133,000, including: for salaries and expenses of
the Office of the Clerk, including not more than $13,000, of which not
more than $10,000 is for the Family Room, for official representation
and reception expenses, $20,534,000; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of Superintendent
of Garages, and including not more than $3,000 for official
representation and reception expenses, $5,879,000; for salaries and
expenses of the Office of the Chief Administrative Officer,
$116,034,000, of which $7,500,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector General,
$3,986,000; for salaries and expenses of the Office of Emergency
Planning, Preparedness and Operations, $1,000,000, to remain available
until expended; for salaries and expenses of the Office of General
Counsel, $962,000; for the Office of the Chaplain, $155,000; for
salaries and expenses of the Office of the Parliamentarian, including
the Parliamentarian and $2,000 for preparing the Digest of Rules,
$1,673,000; for salaries and expenses of the Office of the Law Revision
Counsel of the House, $2,346,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $6,721,000; for salaries
and expenses of the Office of Interparliamentary Affairs, $687,000; and
for other authorized employees, $156,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $209,350,000, including: supplies, materials, administrative costs
and Federal tort claims, $4,350,000; official mail for committees,
leadership offices, and administrative offices of the House, $410,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $203,900,000; and miscellaneous
items including purchase, exchange, maintenance, repair and operation of
House motor vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $690,000.
Child Care Center
For salaries and expenses of the House of Representatives Child Care
Center, such amounts as are deposited in the account established by
section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2
U.S.C. 2112), subject to the level specified in the budget of the
Center, as submitted to the Committee on Appropriations of the House of
Representatives.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or To
Reduce the Federal Debt.--Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2005. Any amount remaining after all
payments are made under such allowances for fiscal year 2005 shall be
[[Page 118 STAT. 3174]]
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the House
of Representatives shall have authority to prescribe regulations to
carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
Sec. 102. <<NOTE: 2 USC 112h.>> Net Expenses of Telecommunications
Revolving Fund. (a) There is hereby established in the Treasury of the
United States a revolving fund for the House of Representatives to be
known as the Net Expenses of Telecommunications Revolving Fund
(hereafter in this section referred to as the ``Revolving Fund''),
consisting of funds deposited by the Chief Administrative Officer of the
House of Representatives from amounts provided by legislative branch
offices to purchase, lease, obtain, and maintain the data and voice
telecommunications services and equipment located in such offices.
(b) Amounts in the Revolving Fund shall be used by the Chief
Administrative Officer without fiscal year limitation to purchase,
lease, obtain, and maintain the data and voice telecommunications
services and equipment of legislative branch offices.
(c) The Revolving Fund shall be treated as a category of allowances
and expenses for purposes of section 101(a) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 95b(a)).
(d) Section 306 of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 117f) is amended--
(1) by striking subsection (b) and redesignating subsection
(c) as subsection (b); and
(2) in subsection (b) (as so redesignated), by striking
``subsections (a) and (b)'' and inserting ``subsection (a)''.
(e) Section 102 of the Legislative Branch Appropriations Act, 2003
(2 U.S.C. 112g) is amended by adding at the end the following new
subsection:
``(e) This section shall not apply with respect to any
telecommunications equipment which is subject to coverage under section
103 of the Legislative Branch Appropriations Act, 2005 (relating to the
Net Expenses of Telecommunications Revolving Fund).''.
(f) This section and the amendments made by this section shall apply
with respect to fiscal year 2005 and each succeeding fiscal year, except
that for purposes of making deposits into the Revolving Fund under
subsection (a), the Chief Administrative Officer may deposit amounts
provided by legislative branch offices during fiscal year 2004 or any
succeeding fiscal year.
Sec. 103. Contract For Exercise Facility. (a) In General.--The Chief
Administrative Officer of the House of Representatives shall enter into
a contract on a competitive basis with a private entity for the
management, operation, and maintenance of the exercise facility
established for the use of employees of the House of Representatives
which is constructed with funds made available under this Act.
(b) Use of Fees to Support Contract.--Any amounts paid as fees for
the use of the exercise facility described in subsection (a) shall be
used to cover costs incurred by the Chief Administrative Officer under
the contract entered into under this section or to
[[Page 118 STAT. 3175]]
otherwise support the management, operation, and maintenance of the
facility, and shall remain available until expended.
Sec. 104. Sense of the House. It is the sense of the House of
Representatives that Members of the House who use vehicles in traveling
for official and representational purposes, including Members who lease
vehicles for which the lease payments are made using funds provided
under the Members' Representational Allowance, are encouraged to use
hybrid electric and alternatively fueled vehicles whenever possible, as
the use of these vehicles will help to move our Nation toward the use of
a hydrogen fuel cell vehicle and reduce our dependence on oil.
Sec. 105. <<NOTE: 2 USC 117m.>> (a) Establishment of House Services
Revolving Fund.--There is hereby established in the Treasury of the
United States a revolving fund for the House of Representatives to be
known as the ``House Services Revolving Fund'' (hereafter in this
section referred to as the ``Revolving Fund''), consisting of funds
deposited by the Chief Administrative Officer of the House of
Representatives from all amounts received by the House of
Representatives with respect to the following activities:
(1) The operation of the House Barber Shop.
(2) The operation of the House Beauty Shop.
(3) The operation of the House Restaurant System (including
vending operations).
(4) The provision of mail services to entities which are not
part of the House of Representatives.
(b) Use of Amounts in Fund.--Amounts in the Revolving Funds shall be
used for any purpose designated by the Chief Administrative Officer
which is approved by the Committee on Appropriations of the House of
Representatives.
(c) Transfer Authority.--The Revolving Fund shall be treated as a
category of allowances and expenses for purposes of section 101(a) of
the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)).
(d) Termination and Transfer of Existing Funds and Accounts.--
(1) In general.--Each fund and account specified in
paragraph (2) is hereby terminated, and the balance of each such
fund and account is hereby transferred to the Revolving Fund.
(2) Funds and accounts specified.--The funds and accounts
referred to in paragraph (1) are as follows:
(A) The revolving fund for the House Barber Shop,
established by the paragraph under the heading ``HOUSE
BARBER SHOPS REVOLVING FUND'' in the matter relating to
the House of Representatives in chapter III of title I
of the Supplemental Appropriations Act, 1975 (Public Law
93-554; 88 Stat. 1776).
(B) The revolving funds for the House Beauty Shop,
established by the matter under the heading ``house
beauty shop'' in the matter relating to administrative
provisions for the House of Representatives in the
Legislative Branch Appropriations Act, 1970 (Public Law
91-145; 83 Stat. 347).
(C) The special deposit account established for the
House of Representatives Restaurant by section 208 of
the First Supplemental Civil Functions Appropriation
Act, 1941 (2 U.S.C. 2041 note), or any successor fund or
account
[[Page 118 STAT. 3176]]
established for the receipt of revenues of the House
Restaurant System.
(e) Effective Date.--This section shall take effect October 1, 2004,
and shall apply with respect to fiscal year 2005 and each succeeding
fiscal year.
Sec. 106. <<NOTE: Records. 2 USC 104c.>> (a) If the Clerk of the
House of Representatives is required under any law, rule, or regulation
to make available for public inspection a report, statement, or other
document filed with the Office of the Clerk, the Clerk shall preserve
the report, statement, or document--
(1) for a period of 6 years from the date on which the
document is filed; or
(2) if the law, rule, or regulation so provides, the period
required under such law, rule, or regulation.
(b) <<NOTE: Applicability.>> Subsection (a) shall apply with respect
to reports, statements, and documents filed before, on, or after the
date of the enactment of this Act.
Sec. 107. (a) Permitting Organizational Caucuses and Conferences to
be Held at Any Time.--Section 202(a)(1) of House Resolution 988, Ninety-
third Congress, agreed to on October 8, 1974, and enacted into permanent
law by chapter III of title I of the Supplemental Appropriations Act,
1975 (2 U.S.C. 29a(a)(1)), is amended by striking ``conference, to begin
on or after'' all that follows through ``to be attended by all'' and
inserting ``conference of all''.
(b) Period of Availability of Per Diem.--
(1) Members.--Section 202(b)(1)(B) of House Resolution 988,
Ninety-third Congress, agreed to on October 8, 1974, and enacted
into permanent law by chapter III of title I of the Supplemental
Appropriations Act, 1975 (2 U.S.C. 29a(b)(1)(B)), is amended by
striking ``for a period'' and all that follows and inserting a
period.
(2) Staff.--Section 1(b) of House Resolution 10, Ninety-
fourth Congress, agreed to on January 14, 1975, and enacted into
permanent law by section 201 of the Legislative Branch
Appropriations Act, 1976 (2 U.S.C. 43b-2(b)), is amended by
striking ``for a period'' and all that follows and inserting a
period.
(c) Applicability of Provisions to Orientation Sessions For New
Members.--
(1) Members.--Section 202 of House Resolution 988, Ninety-
third Congress, agreed to on October 8, 1974, and enacted into
permanent law by chapter III of title I of the Supplemental
Appropriations Act, 1975 (2 U.S.C. 29a), is amended by adding at
the end the following new subsection:
``(d) With the approval of the majority leader (in the case of a
Member or Member-elect of the majority party) or the minority leader (in
the case of a Member or Member-elect of the minority party), subsections
(b) and (c) shall apply with respect to the attendance of a Member or
Member-elect at a program conducted by the Committee on House
Administration for the orientation of new members in the same manner as
such provisions apply to the attendance of the Member or Member-elect at
the organizational caucus or conference.''.
(2) Staff.--Section 1 of House Resolution 10, Ninety-fourth
Congress, agreed to on January 14, 1975, and enacted into
[[Page 118 STAT. 3177]]
permanent law by section 201 of the Legislative Branch
Appropriations Act, 1976 (2 U.S.C. 43b-2), is amended by adding
at the end the following new subsection:
``(c) <<NOTE: Applicability.>> With the approval of the majority
leader (in the case of a Member or Member-elect of the majority party)
or the minority leader (in the case of a Member or Member-elect of the
minority party), subsections (a) and (b) shall apply with respect to the
attendance of a Member or Member-elect at a program conducted by the
Committee on House Administration for the orientation of new members in
the same manner as such provisions apply to the attendance of the Member
or Member-elect at the organizational caucus or conference.''.
(d) Effective <<NOTE: 2 USC 29a note.>> Date.--The amendments made
by this section shall apply with respect to the One Hundred Tenth
Congress and each succeeding Congress.
Sec. 108. <<NOTE: Regulations. 2 USC 117j-1.>> (a) Subject to the
approval of the Committee on House Administration, the Chief
Administrative Officer of the House of Representatives shall implement
regulations under which the Chief Administrative Officer shall be
authorized to handle any mail matter delivered by the United States
Postal Service or any other carrier to the House of Representatives, or
to any other entity with whom the Chief Administrative Officer has
entered into an agreement to receive mail matter delivered to the
entity, in such manner as the Chief Administrative Officer deems
necessary to ensure the safety of any individuals who may come into
contact with, or otherwise be exposed to, such mail matter.
(b) No action taken under the regulations implemented pursuant to
this section may serve as a basis for civil or criminal liability of any
individual or entity.
(c) As used in this section, the term ``handle'' includes but is not
limited to collecting, isolating, testing, opening, disposing, and
destroying.
(d) This <<NOTE: Applicability.>> section shall apply with respect
to fiscal year 2004 and each succeeding fiscal year.
Sec. 109. <<NOTE: Establishment. 2 USC 74a-13.>> (a) There is
established in the House of Representatives an office to be known as the
Republican Policy Committee, which shall have such responsibilities as
may be assigned by the chair of the Republican Conference.
(b) There shall be a lump sum allowance for the salaries and
expenses of the Republican Policy Committee, which shall be treated as a
category of House leadership offices for purposes of section 101(c) of
the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(c)).
(c) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2005 and each succeeding fiscal year.
Sec. 110. The first sentence of section 5 of House Resolution 1238,
Ninety-first Congress, agreed to December 22, 1970 (as enacted into
permanent law by chapter VIII of the supplemental Appropriations Act,
1971) (2 U.S.C. 31b-5), is amended--
(1) by striking ``step 5 of level 11'' and inserting ``step
11 of level 13''; and
(2) by striking ``step 9 of level 8'' and inserting ``step 8
of level 12''.
JOINT ITEMS
For Joint Committees, as follows:
[[Page 118 STAT. 3178]]
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,139,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$8,433,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including: (1) an allowance of $2,175 per month to the Attending
Physician; (2) an allowance of $725 per month each to four medical
officers while on duty in the Office of the Attending Physician; (3) an
allowance of $725 per month to two assistants and $580 per month each
not to exceed 11 assistants on the basis heretofore provided for such
assistants; and (4) $1,680,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment assigned to the
Office of the Attending Physician, which shall be advanced and credited
to the applicable appropriation or appropriations from which such
salaries, allowances, and other expenses are payable and shall be
available for all the purposes thereof, $2,528,000, to be disbursed by
the Chief Administrative Officer of the House of Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and Special
Services Office, $3,844,000, to be disbursed by the Secretary of the
Senate: Provided, That no part of such amount may be used to employ more
than 58 individuals: Provided further, That the Capitol Guide Board is
authorized, during emergencies, to employ not more than two additional
individuals for not more than 120 days each, and not more than 10
additional individuals for not more than 6 months each, for the Capitol
Guide Service.
Statements of Appropriations
For the preparation, under the direction of the Committees on
Appropriations of the Senate and the House of Representatives, of the
statements for the second session of the 108th Congress, showing
appropriations made, indefinite appropriations, and contracts
authorized, together with a chronological history of the regular
appropriations bills as required by law, $30,000, to be paid to the
persons designated by the chairmen of such committees to supervise the
work.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including overtime,
hazardous duty pay differential, and Government contributions for
health, retirement, social security, professional liability
[[Page 118 STAT. 3179]]
insurance, and other applicable employee benefits, $203,440,000, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $28,888,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2005 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provisions
(including transfer of funds)
Sec. 1001. Transfer Authority. Amounts appropriated for fiscal year
2005 for the Capitol Police may be transferred between the headings
``salaries'' and ``general expenses'' upon the approval of the
Committees on Appropriations of the Senate and the House of
Representatives.
Sec. 1002. <<NOTE: 2 USC 1901 note.>> Limitation on Certain Hiring
Authority of Capitol Police. Section 1006(b) of the Legislative Branch
Appropriations Act, 2004 (Public Law 108-83; 117 Stat. 1023) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by inserting at the end
``The Chief of Police may hire individuals under this
subsection who are not submitted for selection under
this subparagraph. All hirings under this subparagraph
shall comply with the limitations under this paragraph
for any fiscal year.''; and
(B) in subparagraph (C), by striking ``(C)
Limitation.--'' and inserting ``(C) Limitation for
fiscal year 2004.--''; and
(C) by adding at the end the following:
``(D) Limitation for fiscal year 2005.--During
fiscal year 2005, the number of individuals hired under
this subsection may not exceed--
``(i) the number of Library of Congress Police
employees who separated from service or
transferred to a position other than a Library of
Congress Police employee position during fiscal
year 2004 for whom a corresponding hire was not
made under this subsection; and
``(ii) the number of Library of Congress
Police employees who separate from service or
transfer to a position other than a Library of
Congress Police employee position during fiscal
year 2005.''; and
[[Page 118 STAT. 3180]]
(2) in paragraph (4), by striking the first sentence and
inserting ``Notwithstanding subsection (a)(1)(C), the Chief of
the Capitol Police may detail an individual hired under this
subsection to the Library of Congress Police on a
nonreimbursable basis. Any individual detailed under this
subsection shall receive necessary training, including training
by the Library of Congress Police.''.
Sec. 1003. Authorization of Weapons. Section 1824 of the Revised
Statutes (2 U.S.C. 1941) is amended--
(1) in the first sentence--
(A) by striking ``The Sergeant at Arms of the Senate
and the Sergeant at Arms of the House of
Representatives'' and inserting ``The Capitol Police
Board''; and
(B) by striking all beginning with ``payable out''
through the period and inserting ``payable from
appropriations to the Capitol Police upon certification
of payment by the Chief of the Capitol Police.''; and
(2) in the second sentence--
(A) by inserting ``or other arms as authorized by
the Capitol Police Board'' after ``furnished''; and
(B) by striking ``the Sergeant at Arms of the Senate
and the Sergeant at Arms of the House of
Representatives'' and inserting ``the Capitol Police
Board''.
Sec. 1004. <<NOTE: 2 USC 1921a.>> Sole and Exclusive Authority of
Board and Chief to Determine Rates of Pay. (a) In General.--The Capitol
Police Board and the Chief of the Capitol Police shall have the sole and
exclusive authority to determine the rates and amounts for each of the
following for members of the Capitol Police:
(1) The rate of basic pay (including the rate of basic pay
upon appointment), premium pay, specialty assignment and
proficiency pay, and merit pay.
(2) The rate of cost-of-living adjustments, comparability
adjustments, and locality adjustments.
(3) The amount for recruitment and relocation bonuses.
(4) The amount for retention allowances.
(5) The amount for educational assistance payments.
(b) No Review or Appeal Permitted.--The determination of a rate or
amount described in subsection (a) may not be subject to review or
appeal in any manner.
(c) Rule of Construction.--Nothing in this section may be construed
to affect--
(1) any authority provided under law for a committee of the
House of Representatives or Senate, or any other entity of the
legislative branch, to review or approve any determination of a
rate or amount described in subsection (a);
(2) any rate or amount described in subsection (a) which is
established under law; or
(3) the terms of any collective bargaining agreement.
(d) Effective Date.--This section shall apply with respect to fiscal
year 2005 and each succeeding fiscal year.
Sec. 1005. <<NOTE: 2 USC 1976.>> Acceptance of Donations of Animals.
(a) In General.--The Capitol Police may accept the donation of animals
to be used in the canine units of the Capitol Police.
(b) Effective Date.--This section shall apply with respect to fiscal
year 2005 and each fiscal year thereafter.
Sec. 1006. <<NOTE: 2 USC 1977.>> Settlement and Payment of Tort
Claims. (a) Federal Tort Claims Act.--
[[Page 118 STAT. 3181]]
(1) In general.--Except as provided in paragraph (2), the
Chief of the Capitol Police, in accordance with regulations
prescribed by the Attorney General and any regulations as the
Capitol Police Board may prescribe, may consider, ascertain,
determine, compromise, adjust, and settle, in accordance with
the provisions of chapter 171 of title 28, United States Code,
any claim for money damages against the United States for injury
or loss of property or personal injury or death caused by the
negligent or wrongful act or omission of any employee of the
Capitol Police while acting within the scope of his office or
employment, under circumstances where the United States, if a
private person, would be liable to the claimant in accordance
with the law of the place where the act or omission occurred.
(2) Special rule for claims made by members of congress and
congressional employees.--
(A) <<NOTE: Deadlines.>> In general.--With respect
to any claim described in paragraph (1) which is made by
a Member of Congress or any officer or employee of
Congress, the Chief of the Capitol Police shall--
(i) <<NOTE: Notification.>> not later than 14
days after the receipt of such a claim, notify the
Chairman of the applicable Committee of the
receipt of the claim; and
(ii) not later than 90 days after the receipt
of such a claim, submit a proposal for the
resolution of such claim which shall be subject to
the approval of the Chairman of the applicable
Committee.
(B) Extension.--The 90-day period in subparagraph
(A)(ii) may be extended for an additional period (not to
exceed 90 days) for good cause by the Chairman of the
applicable Committee, upon the request of the Chief of
the Capitol Police.
(C) Approval consistent with federal tort claims
act.--Nothing in this paragraph may be construed to
permit the Chairman of an applicable Committee to
approve a proposal for the resolution of a claim
described in paragraph (1) which is not consistent with
the terms and conditions applicable under chapter 171 of
title 28, United States Code, to the resolution of
claims for money damages against the United States.
(D) Applicable committee defined.--In this
paragraph, the term ``applicable Committee'' means--
(i) the Committee on Rules and Administration
of the Senate, in the case of a claim of a Senator
or an officer or employee whose pay is disbursed
by the Secretary of the Senate; or
(ii) the Committee on House Administration of
the House of Representatives, in the case of a
Member of the House of Representatives (including
a Delegate or Resident Commissioner to the
Congress) or an officer or employee whose pay is
disbursed by the Chief Administrative Officer of
the House of Representatives.
(3) Head of agency.--For purposes of section 2672 of title
28, United States Code, the Chief of the Capitol Police shall be
the head of a Federal agency with respect to the Capitol Police.
(4) Regulations.--The Capitol Police Board may prescribe
regulations to carry out this subsection.
[[Page 118 STAT. 3182]]
(b) Claims of Employees of Capitol Police.--
(1) In general.--The Capitol Police Board may prescribe
regulations to apply the provisions of section 3721 of title 31,
United States Code, for the settlement and payment of a claim
against the Capitol Police by an employee of the Capitol Police
for damage to, or loss of personal property incident to service.
(2) Limitation.--No settlement and payment of a claim under
regulations prescribed under this subsection may exceed the
limits applicable to the settlement and payment of claims under
section 3721 of title 31, United States Code.
(c) Rule of Construction.--Nothing in this section may be construed
to affect--
(1) any payment under section 1304 of title 31, United
States Code, of a final judgment, award, compromise settlement,
and interest and costs specified in the judgment based on a
claim against the Capitol Police; or
(2) any authority for any--
(A) settlement under section 414 of the
Congressional Accountability Act of 1995 (2 U.S.C.
1414), or
(B) payment under section 415 of that Act (2 U.S.C.
1415).
(d) Effective Date.--This section shall apply to fiscal year 2005
and each fiscal year thereafter.
Sec. 1007. <<NOTE: 2 USC 1978.>> Deployment Outside of Jurisdiction.
(a) Requirements For Prior Notice and Approval.--The Chief of the
Capitol Police may not deploy any officer outside of the areas
established by law for the jurisdiction of the Capitol Police unless--
(1) the <<NOTE: Notification.>> Chief provides prior
notification to the Committees on Appropriations of the House of
Representatives and Senate of the costs anticipated to be
incurred with respect to the deployment; and
(2) the Capitol Police Board gives prior approval to the
deployment.
(b) Exception For Certain Services.--Subsection (a) does not apply
with respect to the deployment of any officer for any of the following
purposes:
(1) Responding to an imminent threat or emergency.
(2) Intelligence gathering.
(3) Providing protective services.
(c) Effective Date.--This section shall apply with respect to fiscal
year 2005 and each succeeding fiscal year.
Sec. 1008. General Counsel. The Capitol Police General Counsel, in
the capacity as in-house counsel and in conjunction with the Capitol
Police Employment Counsel for employment and labor law matters, shall be
responsible for implementing and maintaining an effective legal
compliance system with all applicable laws, under the oversight of the
Capitol Police Board.
Sec. 1009. <<NOTE: 2 USC 1979.>> Release of Security Information.
(a) Definition.--In this section, the term ``security information''
means information that--
(1) is sensitive with respect to the policing, protection,
physical security, intelligence, counterterrorism actions, or
emergency preparedness and response relating to Congress, any
statutory protectee of the Capitol Police, and the Capitol
buildings and grounds; and
[[Page 118 STAT. 3183]]
(2) is obtained by, on behalf of, or concerning the Capitol
Police Board, the Capitol Police, or any incident command
relating to emergency response.
(b) Authority of Board To Determine Conditions of Release.--
Notwithstanding any other provision of law, any security information in
the possession of the Capitol Police may be released by the Capitol
Police to another entity, including an individual, only if the Capitol
Police Board determines in consultation with other appropriate law
enforcement officials, experts in security preparedness, and appropriate
committees of Congress, that the release of the security information
will not compromise the security and safety of the Capitol buildings and
grounds or any individual whose protection and safety is under the
jurisdiction of the Capitol Police.
(c) Rule of Construction.--Nothing in this section may be construed
to affect the ability of the Senate and the House of Representatives
(including any Member, officer, or committee of either House of
Congress) to obtain information from the Capitol Police regarding the
operations and activities of the Capitol Police that affect the Senate
and House of Representatives.
(d) Regulations.--The Capitol Police Board may promulgate
regulations to carry out this section, with the approval of the
Committee on Rules and Administration of the Senate and the Committee on
House Administration of the House of Representatives.
(e) Effective Date.--This section shall take effect on the date of
enactment of this Act and apply with respect to--
(1) any remaining portion of fiscal year 2004, if this Act
is enacted before October 1, 2004; and
(2) fiscal year 2005 and each fiscal year thereafter.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
1385), $2,421,000, of which $305,000 shall remain available until
September 30, 2006: Provided, That the Executive Director of the Office
of Compliance may, within the limits of available appropriations,
dispose of surplus or obsolete personal property by interagency
transfer, donation, or discarding.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $3,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $34,919,000.
[[Page 118 STAT. 3184]]
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies in
connection with activities under the care of the Architect of the
Capitol; for all necessary expenses for the general and administrative
support of the operations under the Architect of the Capitol including
the Botanic Garden; electrical substations of the Capitol, Senate and
House office buildings, and other facilities under the jurisdiction of
the Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official reception and
representation expenses, to be expended as the Architect of the Capitol
may approve; for purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $80,347,000, of which $2,220,000 shall remain
available until September 30, 2009.
Capitol Building
(including transfer of funds)
For all necessary expenses for the maintenance, care, and operation
of the Capitol, $28,857,000, of which not more than $10,600,000, may be
transferred for the use of the Capitol Visitor Center project: Provided,
That the amount so transferred shall be deposited into the account
established for the Capitol Visitor Center project and shall be subject
to the same terms and conditions applicable to the amounts appropriated
for such project under the heading ``Capitol Visitor Center'' in the
Legislative Branch Appropriations Act, 2004: Provided further, That the
amount so transferred, together with $3,900,000 of the other amounts
appropriated under this heading, shall remain available until expended.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $6,974,000.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$62,083,000, of which $9,070,000 shall remain available until September
30, 2009.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $65,353,000, of which $27,103,000 shall
remain available until September 30, 2009.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including
[[Page 118 STAT. 3185]]
the purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $56,834,000, of which $1,000,000 shall remain available
until September 30, 2009: Provided, That not more than $4,400,000 of the
funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2005.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$40,097,000, of which $21,506,000 shall remain available until September
30, 2009.
Capitol Police Buildings and Grounds
For all necessary expenses for the maintenance, care, and operation
of buildings and grounds of the United States Capitol Police,
$5,853,000, of which $500,000 shall remain available until September 30,
2009.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $6,326,000: Provided, That this
appropriation shall not be available for construction of the National
Garden.
Administrative Provisions
Sec. 1101. <<NOTE: 2 USC 2162 note.>> Management and Operation of
the Capitol Power Plant. (a) Definition.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Appropriations of the Senate and the
House of Representatives;
(2) the Committee on Rules and Administration of the Senate;
and
(3) the House Office Building Commission.
(b) <<NOTE: Deadline. Reports.>> Study of Contract With a Private
Entity.--Not later than 180 days after the date of enactment of this
Act, the Comptroller General shall conduct a study and submit to the
appropriate congressional committees and the Architect of the Capitol a
report that--
(1) analyzes the costs, cost effectiveness, benefits, and
feasibility of the Architect of the Capitol entering into a
contract
[[Page 118 STAT. 3186]]
with a private entity for the management and operation of the
Capitol Power Plant; and
(2) makes a recommendation on whether the Architect of the
Capitol should enter into such a contract.
(c) <<NOTE: Deadline.>> Implementation Plan.--If the Comptroller
General makes a recommendation under subsection (b)(2) in favor of
entering into a contract, the Architect of the Capitol shall submit an
implementation plan for that contract to the appropriate congressional
committees not later than the later of--
(1) 270 days after the date of enactment of this Act; or
(2) the date of the completion of the West Refrigeration
Plant.
(d) Contract.--Subject to the approval of the appropriate
congressional committees, the Architect of the Capitol shall enter into
a contract with a private entity for the management and operation of the
Capitol Power Plant.
(e) Effective Date.--This section shall apply to fiscal year 2005
and each fiscal year thereafter.
Sec. 1102. (a) The Comptroller General shall conduct an analysis of
the operations of the Office of the Architect of the Capitol, and shall
include in the analysis recommendations regarding the extent to which
the functions and duties of the Architect of the Capitol may be carried
out more effectively through contracts with private entities, through
reassignment to other entities of the legislative branch, and through
such other methods as the Comptroller General considers appropriate.
(b) <<NOTE: Deadline. Reports.>> Not later than 1 year after the
date of the enactment of this Act, the Comptroller General shall submit
a report on the analysis conducted under subsection (a) to the
Committees on Appropriations of the House of Representatives and Senate.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and maintenance
of the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $384,671,000, of which not
more than $6,000,000 shall be derived from collections credited to this
appropriation during fiscal year 2005, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from collections
during fiscal year 2005 and shall remain available until expended for
the development and maintenance of an international legal information
database and activities related thereto: Provided, That the Library of
Congress may not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further, That
the total amount
[[Page 118 STAT. 3187]]
available for obligation shall be reduced by the amount by which
collections are less than the $6,350,000: Provided further, That of the
total amount appropriated, $12,481,000 shall remain available until
expended for the partial acquisition of books, periodicals, newspapers,
and all other materials including subscriptions for bibliographic
services for the Library, including $40,000 to be available solely for
the purchase, when specifically approved by the Librarian, of special
and unique materials for additions to the collections: Provided further,
That of the total amount appropriated, not more than $12,000 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
Overseas Field Offices: Provided further, That of the total amount
appropriated, $2,250,000 shall remain available until expended for the
purpose of teaching educators and librarians how to incorporate the
Library's digital collections into school curricula and shall be
transferred to the educational consortium formed to conduct the
``Adventure of the American Mind'' project as approved by the Library:
Provided further, That of the total amount appropriated, $500,000 shall
remain available until expended, and shall be transferred to the Abraham
Lincoln Bicentennial Commission for carrying out the purposes of Public
Law 106-173, of which $10,000 may be used for official representation
and reception expenses of the Abraham Lincoln Bicentennial Commission:
Provided further, That of the total amount appropriated, $15,620,000
shall remain available until expended for partial support of the
National Audio-Visual Conservation Center: Provided further, That of the
total amount appropriated, $2,795,000 shall remain available until
expended for the development and maintenance of the Alternate Computer
Facility: Provided further, That <<NOTE: Grants.>> of the total amount
appropriated, $500,000 shall be used to provide a grant to the Middle
Eastern Text Initiative for translation and publishing of middle eastern
text: Provided further, That, of the total amount appropriated, $100,000
shall be provided to the Association for Diplomatic Studies and Training
to provide for the oral history of United States foreign affairs
personnel: Provided further, That of the total amount appropriated,
$300,000 shall be made available to initiate with the University of
South Carolina a Cooperative Preservation and Conservation project for
Movietone Newsreel collections.
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office, $53,611,000, of
which not more than $26,981,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2005 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any funds
derived from collections under such section, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $6,496,000 shall be derived from
collections during fiscal year 2005 under sections 111(d)(2), 119(b)(2),
802(h), 1005, and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the amount by which
collections are less than $33,477,000: Provided further, That not more
than $100,000 of the amount appropriated is available for the
maintenance of an
[[Page 118 STAT. 3188]]
``International Copyright Institute'' in the Copyright Office of the
Library of Congress for the purpose of training nationals of developing
countries in intellectual property laws and policies: Provided further,
That not more than $4,250 may be expended, on the certification of the
Librarian of Congress, in connection with official representation and
reception expenses for activities of the International Copyright
Institute and for copyright delegations, visitors, and seminars.
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of section 203 of
the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise
and extend the Annotated Constitution of the United States of America,
$96,893,000: Provided, That no part of such amount may be used to pay
any salary or expense in connection with any publication, or preparation
of material therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has obtained
prior approval of either the Committee on House Administration of the
House of Representatives or the Committee on Rules and Administration of
the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $54,412,000, of which
$16,235,000 shall remain available until expended: Provided, That, of
the total amount appropriated, $200,000 shall remain available until
expended to reimburse the National Federation of the Blind for costs
incurred in the operation of its ``NEWSLINE'' program.
Administrative Provisions
Sec. 1201. Incentive Awards Program. Of the amounts appropriated to
the Library of Congress in this Act, not more than $5,000 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
incentive awards program.
Sec. 1202. Reimbursable and Revolving Fund Activities. (a) In
General.--For fiscal year 2005, the obligational authority of the
Library of Congress for the activities described in subsection (b) may
not exceed $106,985,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
(c) Transfer of Funds.--During fiscal year 2005, the Librarian of
Congress may temporarily transfer funds appropriated in this Act, under
the heading ``LIBRARY OF CONGRESS'' under the subheading ``Salaries and
Expenses'' to the revolving fund for
[[Page 118 STAT. 3189]]
the FEDLINK Program and the Federal Research Program established under
section 103 of the Library of Congress Fiscal Operations Improvement Act
of 2000 (Public Law 106-481; 2 U.S.C. 182c): Provided, That the total
amount of such transfers may not exceed $1,900,000: Provided further,
That the appropriate revolving fund account shall reimburse the Library
for any amounts transferred to it before the period of availability of
the Library appropriation expires.
Sec. 1203. National Digital Information Infrastructure and
Preservation Program. The Miscellaneous Appropriations Act, 2001
(enacted into law by section 1(a)(4) of Public Law 106-554, 114 Stat.
2763A-194) is amended in the first proviso under the subheading
``Salaries and Expenses'' under the heading ``LIBRARY OF CONGRESS'' in
chapter 9 of division A--
(1) by inserting ``and pledges'' after ``other than money'';
and
(2) by striking ``March 31, 2005'' and inserting ``March 31,
2010''.
Sec. 1204. United States Diplomatic Facilities. Funds made available
for the Library of Congress under this Act are available for transfer to
the Department of State as remittance for a fee charged by the
Department for fiscal year 2005 for the maintenance, upgrade, or
construction of United States diplomatic facilities only to the extent
that the amount of the fee so charged is equal to or less than the
unreimbursed value of the services provided during fiscal year 2005 to
the Library of Congress on State Department diplomatic facilities.
Sec. 1205. <<NOTE: 2 USC 179w note.>> National Film Preservation
Board and National Film Preservation Foundation. (a) Effective Dates.--
Notwithstanding the effective date under section 113 of the National
Film Preservation Act of 1996 (2 U.S.C. 179w), title I of that Act shall
be considered to be effective through fiscal year 2005.
(b) Authorization of Appropriations.--Section 151711(a) of title 36,
United States Code, is amended by striking ``2003'' and inserting
``2005''.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; printing and
binding for the Architect of the Capitol; expenses necessary for
preparing the semimonthly and session index to the Congressional Record,
as authorized by law (section 902 of title 44, United States Code);
printing and binding of Government publications authorized by law to be
distributed to Members of Congress; and printing, binding, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $88,800,000: Provided, That
this appropriation shall not be available for paper copies of the
permanent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates authorized under
section 906 of title 44, United States Code: Provided further, That this
appropriation shall be available for the payment of obligations incurred
under the appropriations for similar purposes for preceding fiscal
years: Provided further,
[[Page 118 STAT. 3190]]
That notwithstanding the 2-year limitation under section 718 of title
44, United States Code, none of the funds appropriated or made available
under this Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or publication after
the 27-month period beginning on the date that such document, report, or
publication is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title 44,
United States Code: Provided further, That any unobligated or unexpended
balances in this account or accounts for similar purposes for preceding
fiscal years may be transferred to the Government Printing Office
revolving fund for carrying out the purposes of this heading, subject to
the approval of the Committees on Appropriations of the House of
Representatives and Senate.
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents necessary
to provide for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $31,953,000: Provided, That
amounts of not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2003 and 2004 to depository
and other designated libraries: Provided further, That any unobligated
or unexpended balances in this account or accounts for similar purposes
for preceding fiscal years may be transferred to the Government Printing
Office revolving fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of the House
of Representatives and Senate.
Government Printing Office Revolving Fund
The Government Printing Office may make such expenditures, within
the limits of funds available and in accord with the law, and to make
such contracts and commitments without regard to fiscal year limitations
as provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the programs and purposes set forth in the
budget for the current fiscal year for the Government Printing Office
revolving fund: Provided, That not more than $5,000 may be expended on
the certification of the Public Printer in connection with official
representation and reception expenses: Provided further, That the
revolving fund shall be available for the hire or purchase of not more
than 12 passenger motor vehicles: Provided further, That expenditures in
connection with travel expenses of the advisory councils to the Public
Printer shall be deemed necessary to carry out the provisions of title
44, United States Code: Provided further, That the revolving fund shall
be available for temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals not
more than the daily equivalent of the annual rate of basic
[[Page 118 STAT. 3191]]
pay for level V of the Executive Schedule under section 5316 of such
title: Provided further, That the revolving fund and the funds provided
under the headings ``Office of Superintendent of Documents'' and
``salaries and expenses'' together may not be available for the full-
time equivalent employment of more than 2,621 workyears (or such other
number of workyears as the Public Printer may request, subject to the
approval of the Committees on Appropriations of the House of
Representatives and Senate): Provided further, That activities financed
through the revolving fund may provide information in any format:
Provided further, That not more than $10,000 may be expended from the
revolving fund in support of the activities of the Benjamin Franklin
Tercentenary Commission established by Public Law 107-202.
Administrative Provision
Sec. 1301. Discounts for Sales Copies. Section 1708 of title 44,
United States Code, is amended by striking ``of not to exceed 25 percent
may be allowed to book dealers and quantity purchasers'', and inserting
the following: ``may be allowed as determined by the Superintendent of
Documents''.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under
section 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living quarters in
foreign countries, $470,973,000: Provided, That not more than $4,919,000
of payments received under section 782 of title 31, United States Code,
shall be available for use in fiscal year 2005: Provided further, That
not more than $2,500,000 of reimbursements received under section 9105
of title 31, United States Code, shall be available for use in fiscal
year 2005: Provided further, That this appropriation and appropriations
for administrative expenses of any other department or agency which is a
member of the National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum shall be available to finance an
appropriate share of either Forum's costs as determined by the
respective Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to the Forum may
be credited as reimbursements to any appropriation from which costs
involved are initially financed: Provided further, That this
appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the American Consortium
on International Public Administration (ACIPA) shall be available to
finance an
[[Page 118 STAT. 3192]]
appropriate share of ACIPA costs as determined by the ACIPA, including
any expenses attributable to membership of ACIPA in the International
Institute of Administrative Sciences.
Administrative Provision
Sec. 1401. Reports to the Comptroller General. (a) Limitations on
Expenditures, Obligations, and Voluntary Services.--Section 1351 of
title 31, United States Code, is amended by inserting ``A copy of each
report shall also be transmitted to the Comptroller General on the same
date the report is transmitted to the President and Congress.'' after
the first sentence.
(b) Prohibited Obligations and Expenditures.--Section 1517(b) of
title 31, United States Code, is amended by inserting ``A copy of each
report shall also be transmitted to the Comptroller General on the same
date the report is transmitted to the President and Congress.'' after
the first sentence.
PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center, $13,500,000.
Administrative Provisions
Sec. 1501. Expansion of Open World Leadership Countries.--Section
313(j) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C.
1151(j)) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(3) <<NOTE: Notification. Deadline.>> any other country
that is designated by the Board, except that the Board shall
notify the Committees on Appropriations of the Senate and the
House of Representatives of the designation at least 90 days
before the designation is to take effect.''.
Sec. 1502. Board Membership. Section 313(a)(2) of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)), as enacted by
reference in section 1(a)(2) of the Consolidated Appropriations Act,
2001, is amended--
(1) in the matter preceding subparagraph (A), by striking
``nine members'' and inserting ``11 members''; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) The chair of the Subcommittee on Legislative
Branch of the Committee on Appropriations of the House
of Representatives and the chair of the Subcommittee on
Legislative Branch of the Committee on Appropriations of
the Senate.''.
TITLE II--GENERAL PROVISIONS
Sec. 201. Maintenance and Care of Private Vehicles. No part of the
funds appropriated in this Act shall be used for the
[[Page 118 STAT. 3193]]
maintenance or care of private vehicles, except for emergency assistance
and cleaning as may be provided under regulations relating to parking
facilities for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the Committee on Rules
and Administration.
Sec. 202. Fiscal Year Limitation. No part of the funds appropriated
in this Act shall remain available for obligation beyond fiscal year
2005 unless expressly so provided in this Act.
Sec. 203. Rates of Compensation and Designation. Whenever in this
Act any office or position not specifically established by the
Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or
the rate of compensation or designation of any office or position
appropriated for is different from that specifically established by such
Act, the rate of compensation and the designation in this Act shall be
the permanent law with respect thereto: Provided, That the provisions in
this Act for the various items of official expenses of Members,
officers, and committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of Representatives
shall be the permanent law with respect thereto.
Sec. 204. Consulting Services. The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued under
existing law.
Sec. 205. Awards and Settlements. Such sums as may be necessary are
appropriated to the account described in subsection (a) of section 415
of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to
pay awards and settlements as authorized under such subsection.
Sec. 206. Costs of LBFMC. Amounts available for administrative
expenses of any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate
share of LBFMC costs as determined by the LBFMC, except that the total
LBFMC costs to be shared among all participating legislative branch
entities (in such allocations among the entities as the entities may
determine) may not exceed $2,000.
Sec. 207. Landscape Maintenance. The Architect of the Capitol, in
consultation with the District of Columbia, is authorized to maintain
and improve the landscape features, excluding streets and sidewalks, in
the irregular shaped grassy areas bounded by Washington Avenue, SW on
the northeast, Second Street SW on the west, Square 582 on the south,
and the beginning of the I-395 tunnel on the southeast.
Sec. 208. Limitation on Transfers. None of the funds made available
in this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 209. <<NOTE: 5 USC 5701 note.>> eTravel Service.
Notwithstanding any other provision of law, no entity within the
legislative branch shall be required to use the eTravel Service
established by the Administrator of
[[Page 118 STAT. 3194]]
General Services for official travel by officers or employees of the
entity during fiscal year 2005 or any succeeding fiscal year.
Sec. 210. <<NOTE: 2 USC 60q.>> Voluntary Separation Incentive
Payments. (a) Authority to Offer Payments.--Notwithstanding any other
provision of law, the head of any office in the legislative branch may
establish a program under which voluntary separation incentive payments
may be offered to eligible employees of the office to encourage such
employees to separate from service voluntarily (whether by retirement or
resignation), in accordance with this section.
(b) Amount and Administration of Payments.--A voluntary separation
incentive payment made under this section--
(1) shall be paid in a lump sum after the employee's
separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee would
be entitled to receive under section 5595(c) of title 5,
United States Code, if the employee were entitled to
payment under such section (without adjustment for any
previous payment made); or
(B) an amount determined by the head of the office
involved, not to exceed $25,000;
(3) may be made only in the case of an employee who
voluntarily separates (whether by retirement or resignation)
under this section;
(4) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(5) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation; and
(6) shall be paid from appropriations or funds available for
the payment of the basic pay of the employee.
(c) Plan.--
(1) Plan required for making payments.--No voluntary
separation incentive payment may be paid under this section with
respect to an office unless the head of the office submits a
plan described in paragraph (2) to each applicable committee
described in paragraph (3), and each applicable committee
approves the plan.
(2) Contents of plan.--A plan described in this paragraph
with respect to an office is a plan containing the following
information:
(A) The specific positions and functions to be
reduced or eliminated.
(B) A description of which categories of employees
will be offered incentives.
(C) The time period during which incentives may be
paid.
(D) The number and amounts of voluntary separation
incentive payments to be offered.
(E) A description of how the office will operate
without the eliminated positions and functions.
(3) Applicable committee.--For purposes of this subsection,
the ``applicable committee'' with respect to an office means any
committee of the House of Representatives or Senate
[[Page 118 STAT. 3195]]
with jurisdiction over the activities of the office under the
applicable rules of the House of Representatives and the Senate
(as determined by the head of the office), but does not include
the Committees on Appropriations of the House of Representatives
and the Senate.
(d) Exclusion of Certain Offices.--This section shall not apply to
any office which is an Executive agency under section 105 of title 5,
United States Code, or any employee of such an office.
(e) Eligible Employee Defined.--
(1) In general.--In this section, an ``eligible employee''
is an employee (as defined in section 2105, United States Code)
or a Congressional employee (as defined in section 2107, United
States Code) who--
(A) is serving under an appointment without time
limitation; and
(B) has been currently employed for a continuous
period of at least 3 years.
(2) Exclusions.--An ``eligible employee'' does not include
any of the following:
(A) A reemployed annuitant under subchapter III of
chapter 83 or 84 of title 5, United States Code, or
another retirement system for employees of the
Government.
(B) An employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under subchapter III of chapter 83
or 84 of title 5, United States Code, or another
retirement system for employees of the Government.
(C) An employee who is in receipt of a decision
notice of involuntary separation for misconduct or
unacceptable performance.
(D) An employee who has previously received any
voluntary separation incentive payment from the Federal
Government under this section or any other authority.
(E) An employee covered by statutory reemployment
rights who is on transfer employment with another
organization.
(F) Any employee who--
(i) during the 36-month period preceding the
date of separation of that employee, performed
service for which a student loan repayment benefit
was or is to be paid under section 5379 of title
5, United States Code, or any other authority;
(ii) during the 24-month period preceding the
date of separation of that employee, performed
service for which a recruitment or relocation
bonus was or is to be paid under section 5753 of
such title or any other authority; or
(iii) during the 12-month period preceding the
date of separation of that employee, performed
service for which a retention bonus was or is to
be paid under section 5754 of such title or any
other authority.
(f) Repayment For Individuals Returning to Government Employment.--
(1) In general.--Subject to paragraph (2), an employee who
has received a voluntary separation incentive payment
[[Page 118 STAT. 3196]]
under this section and accepts employment with the Government of
the United States within 5 years after the date of the
separation on which the payment is based shall be required to
repay the entire amount of the incentive payment to the office
that paid the incentive payment.
(2) Waiver for individuals possessing unique abilities.--
(A) If the employment is with an Executive agency
(as defined by section 105 of title 5, United States
Code), the Director of the Office of Personnel
Management may, at the request of the head of the
agency, waive the repayment required under this
subsection if the individual involved possesses unique
abilities and is the only qualified applicant available
for the position.
(B) If the employment is with an entity in the
legislative branch, the head of the entity or the
appointing official may waive the repayment required
under this subsection if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position.
(C) If the employment is with the judicial branch,
the Director of the Administrative Office of the United
States Courts may waive the repayment required under
this subsection if the individual involved possesses
unique abilities and is the only qualified applicant
available for the position.
(3) Treatment of personal services contracts.--For purposes
of paragraph (1) (but not paragraph (2)), the term
``employment'' includes employment under a personal services
contract with the United States.
(g) Effective Date.--This section shall take effect on the date of
the enactment of this Act, and shall apply with respect to the portion
of fiscal year 2005 occurring on and after such date and to each
succeeding fiscal year.
Sec. 211. Capitol Grounds Enclosure. None of the funds contained in
this Act may be used to study, design, plan, or otherwise further the
construction or consideration of a fence to enclose the perimeter of the
grounds of the United States Capitol.
Sec. 212. Congressional Recognition for Excellence in Arts
Education. Section 210 of the Legislative Branch Appropriations Act,
2003 <<NOTE: 117 Stat. 383.>> is amended--
(1) by striking the first proviso; and
(2) by striking ``Provide further,'' and inserting
``Provided,''.
Sec. 213. <<NOTE: 40 USC 5102 note.>> Transfer of Jurisdiction Over
Real Property Near Japanese American Patriotism Memorial. (a) Transfer
of Jurisdiction.--
(1) In general.--Jurisdiction over the parcels of Federal
real property described under paragraph (2) (over which
jurisdiction was transferred under section 514(b)(2)(C) of the
Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C.
5102 note; Public Law 104-333)) is transferred to the Architect
of the Capitol, without consideration.
(2) Parcels.--The parcels of Federal real property referred
to under paragraph (1) are the following:
(A) That portion of New Jersey Avenue, N.W., between
the northernmost point of the intersection of New Jersey
Avenue, N.W., and D Street, N.W., and the northernmost
point of the intersection of New Jersey Avenue, N.W.,
and
[[Page 118 STAT. 3197]]
Louisiana Avenue, N.W., between squares 631 and W632,
which remains Federal property, and whose maintenance
and repair shall be the responsibility of the District
of Columbia.
(B) That portion of D Street, N.W., between its
intersection with New Jersey Avenue, N.W., and its
intersection with Louisiana Avenue, N.W., between
squares 630 and W632, which remains Federal property.
(b) Miscellaneous.--
(1) Compliance with other laws.--Compliance with this
section shall be deemed to satisfy the requirements of all laws
otherwise applicable to transfers of jurisdiction over parcels
of Federal real property.
(2) United states capitol grounds.--
(A) Definition.--Section 5102 of title 40, United
States Code, is amended to include within the definition
of the United States Capitol Grounds the parcels of
Federal real property described in subsection (a)(2).
(B) Jurisdiction of capitol police.--The United
States Capitol Police shall have jurisdiction over the
parcels of Federal real property described in subsection
(a)(2) in accordance with section 9 of the Act entitled
``An Act to define the United States Capitol Grounds, to
regulate the use thereof, and for other purposes'',
approved July 31, 1946 (2 U.S.C. 1961).
(3) Effect of transfer.--A person relinquishing jurisdiction
over any parcel of Federal real property transferred by
subsection (a) shall not retain any interest in the parcel
except as specifically provided in this section.
(c) Effective Date.--This Act shall apply to fiscal year 2005 and
each fiscal year thereafter.
Sec. 214. Commission on the Abraham Lincoln Study Abroad Fellowship
Program. Extension of Report and Termination Dates.--Section 104 of
division H of the Consolidated Appropriations Act, 2004 (Public Law 108-
199; 118 Stat. 435) is amended--
(1) in subsection (f), by striking ``December 1, 2004'' and
inserting ``December 1, 2005''; and
(2) in subsection (g), by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
Sec. 215. <<NOTE: 2 USC 2168.>> (a) The Chief Administrative Officer
of the House of Representatives and the Sergeant at Arms and Doorkeeper
of the Senate may enter into a memorandum of understanding under which
the Sergeant at Arms and Doorkeeper shall provide all services of the
United States Capitol telephone exchange for the House of
Representatives, in accordance with such terms and conditions as may be
provided in the memorandum of understanding.
(b) For any period during which a memorandum of understanding is in
effect pursuant to this section--
(1) all positions in the United States Capitol telephone
exchange for which the employing authority is the Chief
Administrative Officer shall be transferred to the Sergeant at
Arms and Doorkeeper;
(2) all employees in the United States Capitol telephone
exchange for whom the employing authority is the Chief
Administrative Officer shall be transferred to, and appointed
by, the Sergeant at Arms and Doorkeeper; and
[[Page 118 STAT. 3198]]
(3) the Sergeant at Arms and Doorkeeper shall serve as the
employing authority for all personnel of the United States
Capitol telephone exchange.
(c) In carrying out a memorandum of understanding pursuant to this
section, the Sergeant at Arms and Doorkeeper shall ensure that, with
respect to any employee of the United States Capitol telephone exchange
whose employing authority prior to the effective date of the memorandum
was the Chief Administrative Officer--
(1) the rate of pay and leave accrual for the employee shall
not be less than the employee's rate of pay and leave accrual
for the most recent pay period prior to such date, unless--
(A) the employee does not remain in the same
position with the exchange; or
(B) the rate of pay or leave accrual is reduced for
cause; and
(2) any leave accrued by the employee that remains unused as
of such date shall be transferred to the employee and made
available for the employee to use under the same terms and
conditions that applied to the use of the leave prior to such
date.
(d) The last sentence of section 4(b) of the House Employees
Position Classification Act (2 U.S.C. 293(b)) is amended by striking
``succeeding year,'' and inserting the following: ``succeeding year
(other than any period during which a memorandum of understanding
described in section 215(a) of the Legislative Branch Appropriations
Act, 2005 is in effect),''.
(e)(1) A memorandum of understanding under this section may include
a provision requiring the reimbursement by the House of Representatives
during a fiscal year (paid out of the applicable accounts of the House)
of the expenses incurred by the Sergeant at Arms and Doorkeeper during
the fiscal year in carrying out the memorandum with respect to the
employees of the United States Capitol telephone exchange whose
employing authority prior to the effective date of the memorandum was
the Chief Administrative Officer.
(2) Any reimbursement made pursuant to this subsection--
(A) in the case of a reimbursement for salaries or agency
contributions and related expenses, shall be deposited in the
account under the heading ``Office of the sergeant at arms and
doorkeeper'' or ``agency contributions and related expenses'',
under the heading ``Salaries, Officers and Employees''; and
(B) in the case of a reimbursement for expenses, shall be
deposited in the account under the heading ``sergeant at arms
and doorkeeper of the senate'' under the heading ``Contingent
Expenses of the Senate''.
(3) Any funds deposited under paragraph (2) shall be available in
like manner and for the same purposes as are other funds in the account
to which the funds were deposited.
(f) This section and the amendment made by this section shall apply
with respect to fiscal year 2005 and each succeeding fiscal year.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2005''.
[[Page 118 STAT. 3199]]
DIVISION H--TRANSPORTATION, <<NOTE: Transportation, Treasury,
Independent Agencies, and General Government Appropriations Act,
2005.>> TREASURY, INDEPENDENT AGENCIES, AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2005
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $87,234,000,
of which not to exceed $2,220,000 shall be available for the immediate
Office of the Secretary; not to exceed $705,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $15,395,000
shall be available for the Office of the General Counsel; not to exceed
$12,627,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $8,573,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,316,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $23,436,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $1,929,000 shall be available for the Office of Public
Affairs; not to exceed $1,456,000 shall be available for the Office of
the Executive Secretariat; not to exceed $704,000 shall be available for
the Board of Contract Appeals; not to exceed $1,278,000 shall be
available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $2,053,000 for the Office of Intelligence and
Security; not to exceed $3,150,000 shall be available for the Office of
Emergency Transportation; and not to exceed $11,392,000 shall be
available for the Office of the Chief Information Officer: Provided,
That the Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 5 percent by all such transfers: Provided further, That any change
in funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
not to exceed $60,000 shall be for allocation within the Department for
official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for Public
Affairs.
office of civil rights
For necessary expenses of the Office of Civil Rights, $8,700,000.
[[Page 118 STAT. 3200]]
COMPENSATION FOR AIR CARRIERS
(RESCISSION)
Of the funds made available under section 101(a)(2) of Public Law
107-42, $235,000,000 are rescinded.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $20,000,000.
Working Capital Fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $151,054,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further, That
the above limitation on operating expenses shall not apply to non-DOT
entities: Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working Capital
Fund without the approval of the agency modal administrator: Provided
further, That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless notice of
such assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such Committees.
Minority Business Resource Center Program
For the cost of guaranteed loans, $500,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $400,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center outreach
activities, $3,000,000, to remain available until September 30, 2006:
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
for business opportunities related to any mode of transportation.
new headquarters building
For necessary expenses of the Department of Transportation's new
headquarters building and related services, $68,000,000, to remain
available until expended.
[[Page 118 STAT. 3201]]
Payments to Air Carriers
(Airport and Airway Trust Fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $52,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended.
Federal Aviation Administration
operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108-176,
$7,775,000,000, of which $4,918,073,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $6,234,417,600
shall be available for air traffic services activities; not to exceed
$916,894,000 shall be available for aviation regulation and
certification activities; not to exceed $224,039,000 shall be available
for research and acquisition activities; not to exceed $11,674,000 shall
be available for commercial space transportation activities; not to
exceed $52,124,000 shall be available for financial services activities;
not to exceed $69,821,600 shall be available for human resources program
activities; not to exceed $149,569,800 shall be available for region and
center operations and regional coordination activities; not to exceed
$139,302,000 shall be available for staff offices; and not to exceed
$36,254,000 shall be available for information services: Provided, That
none of the funds in this Act shall be available for the Federal
Aviation Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically authorized by
law after the date of the enactment of this Act: Provided further, That
there may be credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public authorities,
and private sources, for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $7,000,000 shall be for
the contract tower cost-sharing program: Provided further, That funds
may be used to enter into a grant agreement with a nonprofit standard-
setting organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training program:
Provided further, That none of the funds in this Act shall be available
for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
Administration employee unless such employee actually performed work
during the time corresponding to such premium pay: Provided
[[Page 118 STAT. 3202]]
further, That none of the funds in this Act may be obligated or expended
to operate a manned auxiliary flight service station in the contiguous
United States: Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund: Provided
further, That of the funds provided under this heading, $4,000,000 is
available only for recruitment, personnel compensation and benefits, and
related costs to raise the level of operational air traffic control
supervisors to the level of 1,846: Provided further, That none of the
funds in this Act may be obligated or expended for an employee of the
Federal Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of air navigation and experimental facilities and
equipment, as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of necessary sites by
lease or grant; engineering and service testing, including construction
of test facilities and acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related accommodations for
officers and employees of the Federal Aviation Administration stationed
at remote localities where such accommodations are not available; and
the purchase, lease, or transfer of aircraft from funds available under
this heading; to be derived from the Airport and Airway Trust Fund,
$2,540,000,000, of which $2,119,000,000 shall remain available until
September 30, 2007, and of which $421,000,000 shall remain available
until September 30, 2005: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment and modernization of air navigation facilities:
Provided further, That upon initial submission to the Congress of the
fiscal year 2006 President's budget, the Secretary of Transportation
shall transmit to the Congress a comprehensive capital investment plan
for the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2006 through 2010, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$130,927,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2007: Provided, That there may
be credited to this appropriation funds received from States, counties,
municipalities, other public
[[Page 118 STAT. 3203]]
authorities, and private sources, for expenses incurred for research,
engineering, and development.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $2,800,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,500,000,000 in fiscal year 2005, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, not more than $68,802,000 of funds limited under this
heading shall be obligated for administration and not less than
$20,000,000 shall be for the Small Community Air Service Development
Program.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the amount authorized for the fiscal year ending September 30,
2004, under sections 48103 and 48112 of title 49, United States Code,
$265,000,000 are rescinded.
general provisions--federal aviation administration
Sec. 101. <<NOTE: 49 USC 44502 note.>> Notwithstanding any other
provision of law, airports may transfer without consideration to the
Federal Aviation Administration (FAA) instrument landing systems (along
with associated approach lighting equipment and runway visual range
equipment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid program,
airport development aid program or airport improvement program grant:
Provided, That, the Federal Aviation Administration shall accept such
equipment, which shall thereafter be operated and maintained by FAA in
accordance with agency criteria.
[[Page 118 STAT. 3204]]
Sec. 102. None of the funds in this Act may be used to compensate in
excess of 375 technical staff-years under the federally funded research
and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2005.
Sec. 103. None of the funds made available in this Act may be used
for engineering work related to an additional runway at Louis Armstrong
New Orleans International Airport.
Sec. 104. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
Sec. 105. None of the funds appropriated or limited by this Act may
be used to change weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey.
Sec. 106. (a) Section 44302(f)(1) of title 49, United States Code,
is amended by striking ``2004,'' each place it appears and inserting
``2005,''.
(b) Section 44303(b) of such title is amended by striking
``2004,'' and inserting ``2005,''.
Sec. 107. <<NOTE: Grants. Airports.>> Notwithstanding any provision
of law, the Secretary of Transportation is authorized and directed to
make project grants under chapter 471 of title 49, United States Code,
from funds available under 49 U.S.C. 48103, for the cost of acquisition
of land, or reimbursement of the cost of land if purchased prior to
enactment of this provision and prior to a grant agreement, for non-
exclusive use aeronautical purposes on an airport layout plan that has
been approved by the Secretary on January 23, 2004, pursuant to section
49 U.S.C. 47107(a)(16), for any small hub airport as defined in 49
U.S.C. 47102, and had scheduled or chartered direct international
flights totaling at least 200 million pounds gross aircraft landed
weight for calendar year 2002.
Federal Highway Administration
limitation on administrative expenses
Necessary expenses for administration and operation of the Federal
Highway Administration, not to exceed $346,500,000, shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
available for the implementation or execution of programs, the
obligations for which
[[Page 118 STAT. 3205]]
are in excess of $34,700,000,000 for Federal-aid highways and highway
safety construction programs for fiscal year 2005: Provided, That within
the $34,700,000,000 obligation limitation on Federal-aid highways and
highway safety construction programs, not more than $462,500,000 shall
be available for the implementation or execution of programs for
transportation research (sections 502, 503, 504, 506, 507, and 508 of
title 23, United States Code, as amended; section 5505 of title 49,
United States Code, as amended; and sections 5112 and 5204-5209 of
Public Law 105-178) for fiscal year 2005: Provided further, That this
limitation on transportation research programs shall not apply to any
authority previously made available for obligation: Provided further,
That within the $232,000,000 obligation limitation on Intelligent
Transportation Systems, the following sums shall be made available for
Intelligent Transportation System projects that are designed to achieve
the goals and purposes set forth in section 5203 of the Intelligent
Transportation Systems Act of 1998 (subtitle C of title V of Public Law
105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the following specified
areas:
Alameda Corridor-East Project, San Gabriel Valley,
California, $2,000,000.
Alexandria Fiber Optic Cable for Traffic Signal
Coordination, Virginia, $2,000,000.
Alliance for Transportation Research, Transportation
Technology Center, New Mexico, $750,000.
Appalachian Transportation Institute and U3C, West Virginia,
$1,000,000.
Atlanta Construction and Traffic Management Project,
Georgia, $2,000,000.
Baltimore City Intelligent Transportation System, Maryland,
$1,000,000.
Bay County Regional ITS, Florida, $2,000,000.
Calmar Research Vehicle Communication Systems, New York,
$1,150,000.
Center for Injury Sciences, Alabama, $2,000,000.
Central Florida Regional Transportation Authority (LYNX):
North Orange/South Seminole ITS Enhanced Circulator, $500,000.
Cicero Avenue Smart Corridor, Illinois, $1,000,000.
City of Boston Directional Signage Program, Massachusetts,
$1,000,000.
City of Elk Grove ITS Project, California, $1,500,000.
City of Fort Worth Intelligent Transportation Systems,
Texas, $1,800,000.
City of San Antonio Municipal ITS Technologies, Texas,
$1,300,000.
Clark County ITS, Washington, $2,000,000.
Commercial Vehicle Information Systems Network, Illinois,
$500,000.
COTA ITS Integration Project Phases II and III, Ohio,
$800,000.
DeKalb Co. Signal System Improvements, Georgia, $500,000.
Downtown Signalization Project, Mechanicsburg, Pennsylvania,
$750,000.
FAST-TRAC Signal Expansion, Michigan, $1,000,000.
[[Page 118 STAT. 3206]]
Florida State University System Center for Intermodal
Transportation Safety, $3,000,000.
Freeway Incident Management Program, Houston, Texas,
$3,250,000.
Ft. Lauderdale Intelligent Trans System Improvement,
Florida, $1,000,000.
GEARS Demonstration Project, Cumberland County,
Pennsylvania, $150,000.
Germantown ITS, Tennessee, $500,000.
GMU ITS Appropriations, Virginia, $2,000,000.
Highway Speed E-ZPass, Outerbridge Crossing, New York,
$350,000.
Hillsborough Area Regional Transit Authority: Bus Tracking,
Communication and Security, Florida, $750,000.
I-70 Incident Management Plan, Colorado, $1,250,000.
I-91 Fiber and ITS Construction, Massachusetts, $2,500,000.
Intelligent Transportation at George Washington University,
Virginia, $1,000,000.
Intelligent Transportation System Feasibility Study and
Implementation Plan, Edmond, Oklahoma, $100,000.
Intelligent Transportation System, Jackson, Tennessee,
$385,000.
Intelligent Transportation System, Wichita, Kansas,
$1,250,000.
Intelligent Transportation Systems, Nebraska, $450,000.
Intelligent Transportation Systems, City of Jackson,
Tennessee, $1,000,000.
Intelligent Transportation Systems, Illinois, $5,000,000.
Intercity Transit ITS (Thurston County), Washington,
$2,000,000.
Interurban Transit Partnership, Grand Rapids, Michigan,
$2,000,000.
Iowa ITS, $2,000,000.
ITS--Commercial Vehicle Safety and Integration Statewide,
Utah, $500,000.
ITS--Northwest Arkansas Regional Architecture, Arkansas,
$250,000.
ITS--Rural Recreation & Tourism, Statewide, Utah, $750,000.
ITS--Springfield, Illinois, $650,000.
ITS Deployment Project, Inglewood, California, $400,000.
ITS Statewide, Maryland, $1,000,000.
Jacksonville Transportation Authority: Intelligent
Transportation Systems Regional Planning, Florida, $750,000.
JAXPORT Intermodal Cargo Tracking Project, Florida,
$900,000.
Kansas City SmartPort, Missouri, $750,000.
King County, County-Wide Signal Program, Washington,
$2,000,000.
Lake County Passage, Lake County, Illinois, $1,250,000.
Laredo ITS Multi-Agency Integration and Incidence Project,
Texas, $500,000.
Los Angeles Union Station Communication System, $1,000,000.
Lynnwood Traffic Management Center of Multi-Jurisdictional
ITS, Washington, $1,000,000.
[[Page 118 STAT. 3207]]
MARTA Automated Fare Collection/Smart Card System, Georgia,
$500,000.
Missouri Statewide Rural ITS, $2,500,000.
Montgomery County Integrated ITS Program, Maryland,
$750,000.
Montgomery Intelligent Transportation System Acquisition and
Implementation, Alabama, $1,000,000.
Nepperhan Traffic Improvements, City of Yonkers, New York,
$300,000.
Northwest Arkansas Regional Planning Commission--ITS
Regional Architecture, $300,000.
Park Avenue Corridor Improvements, New Jersey, $1,000,000.
Park Avenue Corridor Improvements, Union County, New Jersey,
$765,000.
Pennsylvania Turnpike ITS Initiative, Pennsylvania,
$2,000,000.
PSU's Center for Transportation Studies ITS Initiative,
Oregon, $400,000.
Puget Sound In-Vehicle Traffic Map Expansion Program,
Washington, $2,000,000.
Pulaski at Irving Park Intersection Improvement, Illinois,
$500,000.
PVTA ITS, Massachusetts, $1,000,000.
Regional ITS Springfield, Missouri, $2,000,000.
Reston Traffic Signal Prioritization, Virginia, $750,000.
Route 28 traffic light synchronization, $500,000.
Route 50 signalization improvement, Virginia, $1,000,000.
Route 7 signalization improvements, Virginia, $500,000.
Rural Highway Information System, Kentucky, $2,000,000.
San Diego Joint Transportation Operations Center,
California, $750,000.
SCDOT InRoads, South Carolina, $2,500,000.
Signal Pre-emption Upgrades, Culver City, California,
$110,000.
South Boulevard Signal System, North Carolina, $470,000.
Springfield Regional Intelligent Transportation System,
Missouri, $2,000,000.
Stamford Urban Transitway Phase II, Connecticut, $1,000,000.
State Transportation Incident Management Center, Wisconsin,
$500,000.
STRAP 3 Transportation Program Tracking, $1,500,000.
The Mass Country Roads Traveler Information System,
Massachusetts, $200,000.
TMC Transportation Operations Center, Texas, $500,000.
Traffic Operations Center, City of Fresno, California,
$500,000.
Traffic Response and Information, Partnership Center,
Maryland, $1,500,000.
Transportation Management & Emergency Ops Center/Oakland,
California, $750,000.
Transportation Research Center, Georgia, $1,000,000.
Traveler Information System, Seattle, Washington,
$1,000,000.
Tri-County ITS Coordination Initiative, Michigan, $500,000.
[[Page 118 STAT. 3208]]
Twin Cities, Minnesota Redundant Communications Pilot,
$750,000.
University of Alaska Arctic Transportation Engineering
Research Center, Alaska, $1,500,000.
University of Kentucky Transportation Center, $1,500,000.
US 2 Lohman Rail Crossing Advance Warning, Montana,
$1,000,000.
US 280 Corridor ITS, Alabama, $800,000.
US 280, Jefferson County, ITS, Alabama, $4,000,000.
US 98 Widening from Bayshore Road to Portside Road, Florida,
$500,000.
Variable Message Signs and 511 Implementation, Idaho,
$2,250,000.
Ventura County Intelligent Transportation Systems,
California, $750,000.
Vermont Roadway Weather Information System, $1,000,000.
Village of Tarrytown, New York, $320,000.
West Baton Rouge Emergency Communications Center, Louisiana,
$1,500,000.
Wisconsin State Patrol Mobile Data Communications Network--
Phase III, $3,400,000.
Federal-Aid Highways
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for carrying out the
provisions of title 23, United States Code, that are attributable to
Federal-aid highways, including the National Scenic and Recreational
Highway as authorized by 23 U.S.C. 148, not otherwise provided,
including reimbursement for sums expended pursuant to the provisions of
23 U.S.C. 308, $35,000,000,000 or so much thereof as may be available in
and derived from the Highway Trust Fund, to remain available until
expended.
federal-aid highways
(highway trust fund)
(rescission)
Of the unobligated balances of funds apportioned to each State under
chapter 1 of title 23, United States Code, $520,277,000 are rescinded:
Provided, That such rescission shall not apply to the funds distributed
in accordance with 23 U.S.C. 133(d)(1) and the first sentence of 23
U.S.C. 133(d)(3)(A) or to the funds apportioned to the program
authorized under section 163 of title 23, United States Code.
[[Page 118 STAT. 3209]]
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(including recission)
(highway trust fund)
For an additional amount for the ``Emergency Relief Program'' as
authorized under section 125 of title 23, United States Code,
$741,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended: Provided,
That of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $741,000,000 are
rescinded: Provided further, That such rescission shall not apply to the
funds distributed in accordance with 23 U.S.C. 133(d)(1) and the first
sentence of 23 U.S.C. 133(d)(3)(A) or to the funds apportioned to the
program authorized under section 163 of title 23, United States Code.
Appalachian Development Highway System
For necessary expenses for the Appalachian Development Highway
System as authorized under section 1069(y) of Public Law 102-240, as
amended, $80,000,000, to remain available until expended.
General Provisions--Federal Highway Administration
Sec. 110. (a) <<NOTE: 23 USC 104 note.>> For fiscal year 2005, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs funded from the administrative takedown
authorized by section 104(a)(1)(A) of title 23, United States
Code, for the highway use tax evasion program, for the Bureau of
Transportation Statistics, and for the programs, projects, and
activities funded from the takedown authorized by section 117 of
this Act;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for the prior fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
Highways less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be
appropriated for sections set forth in paragraphs (1)
through (7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection
(b)(8)) for such fiscal year less the aggregate of the
amounts not distributed under paragraph (1) of this
subsection;
[[Page 118 STAT. 3210]]
(4) distribute the obligation limitation for Federal-aid
highways less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 201 of the Appalachian
Regional Development Act of 1965 and $2,000,000,000 for such
fiscal year under section 105 of title 23, United States Code
(relating to minimum guarantee) so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for such
section (except in the case of section 105, $2,000,000,000) for
such fiscal year;
(5) distribute the obligation limitation provided for
Federal-aid highways less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4) for each of the programs that are allocated by the
Secretary under title 23, United States Code (other than
activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for such
program for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5) for Federal-aid highways and highway
safety construction programs (other than the minimum guarantee
program, but only to the extent that amounts apportioned for the
minimum guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway system
program) that are apportioned by the Secretary under title 23,
United States Code, in the ratio that--
(A) sums authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section 147
of the Surface Transportation Assistance Act of 1978; (3) under section
9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and
131(j) of the Surface Transportation Assistance Act of 1982; (5) under
sections 149(b) and 149(c) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987; (6) under sections 1103 through 1108
of the Intermodal Surface Transportation Efficiency Act of 1991; (7)
under section 157 of title 23, United States Code, as in effect on the
day before the date of the enactment of the Transportation Equity Act
for the 21st Century; (8) under section 105 of title 23, United States
Code (but, only in an amount equal to $639,000,000 for such fiscal
year); and (9) for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act for the
21st Century or subsequent public laws for multiple years or to remain
available until used, but only to the extent that such obligation
authority has not lapsed or been used.
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall after August 1
[[Page 118 STAT. 3211]]
for such fiscal year revise a distribution of the obligation limitation
made available under subsection (a) if a State will not obligate the
amount distributed during that fiscal year and redistribute sufficient
amounts to those States able to obligate amounts in addition to those
previously distributed during that fiscal year giving priority to those
States having large unobligated balances of funds apportioned under
sections 104 and 144 of title 23, United States Code, section 160 (as in
effect on the day before the enactment of the Transportation Equity Act
for the 21st Century) of title 23, United States Code, and under section
1015 of the Intermodal Surface Transportation Efficiency Act of 1991.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, except that obligation authority made available
for such programs under such limitation shall remain available for a
period of 3 fiscal years.
(e) Redistribution <<NOTE: Deadline.>> of Certain Authorized
Funds.--Not later than 30 days after the date of the distribution of
obligation limitation under subsection (a), the Secretary shall
distribute to the States any funds: (1) that are authorized to be
appropriated for such fiscal year for Federal-aid highways programs
(other than the program under section 160 of title 23, United States
Code) and for carrying out subchapter I of chapter 311 of title 49,
United States Code, and highway-related programs under chapter 4 of
title 23, United States Code; and (2) that the Secretary determines will
not be allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any obligation
limitation for such fiscal year. Such distribution to the States shall
be made in the same ratio as the distribution of obligation authority
under subsection (a)(6). The funds so distributed shall be available for
any purposes described in section 133(b) of title 23, United States
Code.
(f) Special Rule.--Obligation limitation distributed for a fiscal
year under subsection (a)(4) of this section for a section set forth in
subsection (a)(4) shall remain available until used and shall be in
addition to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs for future
fiscal years.
Sec. 111. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 112. Of the funds made available to the Bureau of
Transportation Statistics in fiscal year 2005, $400,000 shall be
available to administer section 5402 of title 39, United States Code.
Sec. 113. (a) Notwithstanding any other provision of law, in section
1602 of the Transportation Equity Act for the 21st Century, item number
89 is amended by striking ``Construct I-495/Route 2 interchange east of
existing interchange to provide access to commuter rail station,
Littleton'' and inserting ``Ayer commuter rail station improvements,
land acquisition and parking improvements''.
[[Page 118 STAT. 3212]]
(b) Of the $6,000,000 portion of the funds appropriated under the
heading ``Highway Demonstration Projects'' in title I of Public Law 102-
143 (105 Stat. 929) that was allocated for Routes 70/38 Circle
Elimination, New Jersey, $4,500,000 shall be transferred to, and made
available for, the following projects in the specified amounts: Mantua
Creek Overpass in Paulsboro, New Jersey, $2,000,000; Delsea Drive Route
47 Timber Creek in Westville, New Jersey, $787,000; Camden Waterfront
Parking Garage in Camden, New Jersey, $1,213,000; and Route 47 Chapel
Heights Avenue in Gloucester, New Jersey, $500,000.
(c) Of the amount made available under item number 89 of the table
contained in section 1107(b) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2052), $3,300,000 shall be used to
carry out a comprehensive regional transportation study on the
multimodal transportation needs in Grand Traverse County, Michigan, and
to implement recommendations resulting from the study.
(d) Of the funds provided for under ``Transportation and Community
and System Preservation Program'' in Public Law 106-69 and Public Law
106-346 for the project known as ``Utah-Colorado `Isolated Empire' Rail
Connector Study'' as referenced in House Report 106-355 and House Report
106-940, any remaining unobligated balance as of October 1, 2004, shall
be made available to the Central Utah Rail Line (Sigurd/Salina to Levan)
Project.
(e) Section 378 of the Department of Transportation and Related
Agencies Appropriations Act, 2001 (114 Stat. 1356A-38) is amended by
striking ``an extension of Highway 180 from the City of Mendota'' and
inserting ``an extension of Highway 180 from the City of Fresno''.
Sec. 114. None of the funds made available in this Act may be used
to require a State or local government to post a traffic control device
or variable message sign, or any other type of traffic warning sign, in
a language other than English, except with respect to the names of
cities, streets, places, events, or signs related to an international
border.
Sec. 115. Division F, title I, section 115 of Public Law 108-199 is
amended <<NOTE: Ante, p. 294.>> by inserting before the period at the
end the following: ``: Provided further, That notwithstanding any other
provision of law and the preceding clauses of this provision, the
Secretary of Transportation may use amounts made available by this
section to make grants for any surface transportation project otherwise
eligible for funding under title 23 or title 49, United States Code''.
Sec. 116. Of the funds available under section 104(a)(1)(A) of title
23, United States Code, $5,000,000 shall be available for environmental
streamlining activities, which may include making grants to, or entering
into contracts, cooperative agreements, and other transactions, with a
Federal agency, State agency, local agency, authority, association, non-
profit or for-profit corporation, or institution of higher education.
Sec. 117. Notwithstanding any other provision of law, whenever an
allocation is made of the sums authorized to be appropriated for
expenditure on the Federal lands highway program, and whenever an
apportionment is made of the sums authorized to be appropriated for the
surface transportation program, the congestion mitigation and air
quality improvement program, the National Highway System, the Interstate
maintenance program, the bridge program, the Appalachian development
highway system, and the minimum
[[Page 118 STAT. 3213]]
guarantee program, the Secretary of Transportation shall deduct a sum in
such amount not to exceed 4.1 percent of all sums so authorized:
Provided, That of the amount so deducted in accordance with this
section, $25,000,000 shall be made available to make grants to support
planning, highway corridor development, and highway construction
projects in the area that comprises the Delta Regional Authority; and
$1,211,360,000 shall be made available for surface transportation
projects as identified under this section in the statement of the
managers accompanying this Act: Provided further, That notwithstanding
any other provision of law and the preceding clauses of this provision,
the Secretary of Transportation may use amounts made available by this
section to make grants for any surface transportation project otherwise
eligible for funding under title 23 or, title 49, United States Code:
Provided further, That funds made available under this section, at the
request of a State, shall be transferred by the Secretary to another
Federal agency: Provided further, That the Federal share payable on
account of any program, project, or activity carried out with funds made
available under this section shall be 100 percent: Provided further,
That the sum deducted in accordance with this section shall remain
available until expended: Provided further, That all funds made
available under this section shall be subject to any limitation on
obligations for Federal-aid highways and highway safety construction
programs set forth in this Act or any other Act: Provided further, That
the obligation limitation made available for the programs, projects, and
activities for which funds are made available under this section shall
remain available until used and shall be in addition to the amount of
any limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.
Sec. 118. <<NOTE: Rescission.>> Of the funds made available under
section 188(a)(1) of title 23, United States Code, $100,000,000 are
rescinded.
Sec. 119. For the purposes of 23 U.S.C. 181(9)(D) the project
described in section 626 of division B, title VI of Public Law 108-7 is
eligible as a publicly owned intermodal surface freight transfer
facility.
Sec. 120. <<NOTE: Deadline.>> Notwithstanding any other provision of
law, the Department of Transportation shall complete approval of the
proposed surety substitution for one-half of the bond debt service
reserve amount for the RETRAC project within 30 days after receiving
from RETRAC a binding commitment from a qualified provider to deliver a
surety at an acceptable price. Such bond debt service funds so released
shall be deposited into the RETRAC project contingency fund for payment
of RETRAC project costs in the event current project cost projections
are exceeded.
Sec. 121. Designation of Mike O'Callaghan-Pat Tillman Memorial
Bridge. (a) In General.--The Hoover Dam Bypass Bridge in the Lake Mead
National Recreation Area between Nevada and Arizona is designated as the
``Mike O'Callaghan-Pat Tillman Memorial Bridge''.
(b) References in Law.--Any reference in a law (including
regulations), map, document, paper, or other record of the United States
to the bridge described in subsection (a) shall be considered to be a
reference to the Mike O'Callaghan-Pat Tillman Memorial Bridge.
Sec. 122. Bypass Bridge at Hoover Dam. (a) In General.--Subject to
subsection (b), the Secretary of Transportation may
[[Page 118 STAT. 3214]]
expend from any funds appropriated for expenditure in accordance with
title 23, United States Code, for payment of debt service by the States
of Arizona and Nevada on notes issued for the bypass bridge project at
Hoover Dam, pending appropriation or replenishment for that project.
(b) Reimbursement.--Funds expended under subsection (a) shall be
reimbursed from the funds made available to the States of Arizona and
Nevada for payment of debt service on notes issued for the bypass bridge
project at Hoover Dam.
Sec. 123. None of the funds made available in this Act shall be
available for the development or dissemination by the Federal Highway
Administration of any version of a programmatic agreement which regards
the Dwight D. Eisenhower National System of Interstate and Defense
Highways as eligible for inclusion on the National Register of Historic
Places.
Sec. 124. <<NOTE: Rescission.>> Of the unobligated balances made
available under Public Law 100-17, Public Law 100-457, Public Law 101-
516, Public Law 102-143, Public Law 102-240, Public Law 102-388, Public
Law 103-331, Public Law 105-178, and Public Law 106-346, $16,407,908.88
are rescinded.
Sec. 125. <<NOTE: Grants.>> Notwithstanding any other provision of
law, projects and activities described in the statement of managers
accompanying this Act under the headings ``Federal-Aid Highways'' and
``Federal Transit Administration'' shall be eligible for fiscal year
2005 funds made available for the project for which each project or
activity is so designated and projects and activities under the heading
``Job Access and Reverse Commute Grants'' shall be awarded those grants
upon receipt of an application: Provided, That the Federal share payable
on account of any such projects and activities subject to this section
shall be the same as the share required by the Federal program under
which each project or activity is designated unless otherwise provided
in this Act.
Sec. 126. Notwithstanding any other provision of law, in addition to
amounts provided in this or any other Act for fiscal year 2005,
$34,000,000, to be derived from the Highway Trust Fund and to remain
available until expended, shall be available for the replacement of the
Belleair Causeway Bridge in Pinellas County, Florida.
Sec. 127. Of the amounts made available for the Federal-Aid Highways
Emergency Relief Program under division B of the Military Construction
Appropriations and Emergency Hurricane Supplemental Appropriations Act,
2005 (118 Stat. 1251), such sums as may be necessary shall be available
for replacement of the I-10 bridge spanning Escambia Bay in Escambia and
Santa Rosa Counties, Florida.
Sec. 128. Section 14003 of Public Law 108-287, the Department of
Defense Appropriations Act, 2005, <<NOTE: Ante, p. 1013.>> is amended by
adding a new subsection (c) at the end as follows:
``(c) Upon a request by a State to the Secretary that the State has
an insufficient amount or type of apportionment to effectively utilize
the funds provided in paragraph (b), the Secretary shall waive the
requirement for apportionment. Such funds shall be eligible for any
activity defined in section 133(b) of title 23. Funds distributed to
each State under this section shall not be subject to section 105 of
title 23.''.
[[Page 118 STAT. 3215]]
Federal Motor Carrier Safety Administration
motor carrier safety
limitation on administrative expenses
(liquidation of contract authorization)
(highway trust fund)
(including transfer of funds)
Notwithstanding any other provision of law, none of the funds in
this Act shall be available for expenses for administration of motor
carrier safety programs and motor carrier safety research, and grants,
the obligations for which are in excess of $257,547,000 for fiscal year
2005: Provided, That $33,000,000 shall be available to make grants to,
or enter into contracts with, States, local governments, or other
persons for carrying out border commercial motor vehicle safety programs
and enforcement activities and projects for the purposes described in 49
U.S.C. 31104(f)(2)(B), and the Federal share payable under such grants
shall be 100 percent; $20,000,000 shall be available to make grants to,
or enter into contracts with, States, local governments, or other
persons for commercial driver's licenses program improvements, and the
Federal share payable under such grants shall be 100 percent;
$13,200,000 shall be available to make grants to States for
implementation of section 210 of the Motor Carrier Safety Improvement
Act of 1999, and the Federal share payable under such grant shall be 100
percent; and $7,400,000 shall be available to make grants to, or enter
into contracts with, States, local governments, or other persons for the
commercial vehicle analysis reporting system, and the Federal share
payable under such grants shall be 100 percent: Provided further, That
notwithstanding any other provision of law, for payment of obligations
incurred to pay administrative expenses of and grants by the Federal
Motor Carrier Safety Administration, $257,547,000, to be derived from
the Highway Trust Fund, together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended.
national motor carrier safety program
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, 31106, and 31309,
$190,000,000 to be derived from the Highway Trust Fund and to remain
available until expended: Provided, That none of the funds in this Act
shall be available for the implementation or execution of programs the
obligations for which are in excess of $190,000,000 for ``Motor Carrier
Safety Grants'' and ``Information Systems,'' and of which $17,000,000
shall be available for grants to States for implementation of section
210 of the Motor Carrier Safety Improvement Act of 1999 (113 Stat. 1764-
1765) and $1,000,000 shall be available for grants to States, local
governments,
[[Page 118 STAT. 3216]]
or other entities for commercial driver's license program improvements:
Provided further, That for grants made to States for implementation of
section 210 of the Motor Carrier Safety Improvement Act of 1999 (113
Stat. 1764-1765), and for grants to States, local governments, or other
entities for commercial driver's license program improvements, the
Federal share payable under such grants shall be 100 percent.
General Provisions--Federal Motor Carrier Safety Administration
Sec. 130. <<NOTE: Reports.>> Funds appropriated or limited in this
Act shall be subject to the terms and conditions stipulated in section
350 of Public Law 107-87, including that the Secretary submit a report
to the House and Senate Appropriations Committees annually on the safety
and security of transportation into the United States by Mexico-
domiciled motor carriers.
Sec. 131. None of the funds appropriated or otherwise made available
by this Act may be used before December 31, 2005 to implement or enforce
any provisions of the Final Rule, issued on April 16, 2003 (Docket No.
FMCSA-97-2350), with respect to either of the following:
(1) The operators of utility service vehicles, as that term
is defined in section 395.2 of title 49, Code of Federal
Regulations.
(2) Maximum daily hours of service for drivers engaged in
the transportation of property or passengers to or from a motion
picture or television production site located within a 100-air
mile radius of the work reporting location of such drivers.
Sec. 132. None of the funds made available under this Act may be
used to issue or implement the Department of Transportation's proposed
regulation entitled Parts and Accessories Necessary for Safe Operation;
Certification of Compliance With Federal Motor Vehicle Safety Standards
(FMVSSs), published in the Federal Register, volume 67, number 53, on
March 19, 2002, relating to a phase-in period to bring vehicles into
compliance with the requirements of the regulation.
National Highway Traffic Safety Administration
Operations and Research
(highway trust fund)
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under chapter 301 of title
49, United States Code, and part C of subtitle VI of title 49, United
States Code, $157,386,000, to be derived from the sum authorized to be
deducted under section 117 of this Act and transferred to the National
Highway Traffic Safety Administration, to remain available until
expended: Provided, That such funds shall be transferred to and
administered by the National Highway Traffic Safety Administration:
Provided further, That none of the funds in this Act may be used to
augment information technology or computer support funds provided to
NHTSA in excess of $2,900,000: Provided further, That none of the funds
appropriated by this Act may be obligated or expended to plan, finalize,
or
[[Page 118 STAT. 3217]]
implement any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect: Provided
further, That all funds made available under this heading shall be
subject to any limitation on obligations for Federal-aid highways and
highway safety construction programs set forth in this Act or any other
Act: Provided further, That the obligation limitation made available for
the programs, projects, and activities for which funds are made
available under this heading shall remain available until used and shall
be in addition to the amount of any limitation imposed on obligations
for Federal-aid highway and highway safety construction programs for
future fiscal years.
Operations and Research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C. 403, to
remain available until expended, $72,000,000, to be derived from the
Highway Trust Fund: Provided, That none of the funds in this Act shall
be available for the planning or execution of programs the total
obligations for which, in fiscal year 2005, are in excess of $72,000,000
for programs authorized under 23 U.S.C. 403.
National Driver Register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $3,600,000, to be derived from the Highway
Trust Fund: Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the
obligations for which are in excess of $3,600,000 for the National
Driver Register authorized under chapter 303 of title 49, United States
Code.
Highway Traffic Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C. 402,
405, and 410, to remain available until expended, $225,000,000, to be
derived from the Highway Trust Fund: Provided, That none
[[Page 118 STAT. 3218]]
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
2005, are in excess of $225,000,000 for programs authorized under 23
U.S.C. 402, 405, and 410, of which $165,000,000 shall be for ``Highway
Safety Programs'' under 23 U.S.C. 402, $20,000,000 shall be for
``Occupant Protection Incentive Grants'' under 23 U.S.C. 405, and
$40,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures
Grants'' under 23 U.S.C. 410: Provided further, That none of these funds
shall be used for construction, rehabilitation, or remodeling costs, or
for office furnishings and fixtures for State, local, or private
buildings or structures: Provided further, That not to exceed
$10,000,000 of the funds made available for section 402, not to exceed
$2,306,000 of the funds made available for section 405, and not to
exceed $2,000,000 of the funds made available for section 410 shall be
available to NHTSA for administering highway safety grants under chapter
4 of title 23, United States Code: Provided further, That not to exceed
$1,000,000 of the funds subject to allocation under section 157 of title
23, United States Code, and not to exceed $1,000,000 of the funds
subject to apportionment under section 163 of that title, shall be
available to the National Highway Traffic Safety Administration for
administering highway safety grants under those sections: Provided
further, That not to exceed $500,000 of the funds made available for
section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be
available for technical assistance to the States.
General Provisions--National Highway Traffic Safety Administration
Sec. 140. Notwithstanding any other provision of law, States may use
funds provided in this Act under section 402 of title 23, United States
Code, to produce and place highway safety public service messages in
television, radio, cinema, and print media, and on the Internet in
accordance with guidance issued by the Secretary of Transportation:
Provided, <<NOTE: Reports.>> That any State that uses funds for such
public service messages shall submit to the Secretary a report
describing and assessing the effectiveness of the messages: Provided
further, That $10,000,000 of the funds allocated under section 157 of
title 23, United States Code, shall be used as directed by the National
Highway Traffic Safety Administrator to purchase national paid
advertising (including production and placement) to support national
safety belt mobilizations: Provided further, That, of the funds
allocated under section 163 of title 23, United States Code, $6,000,000
shall be used as directed by the Administrator to support national
impaired driving mobilizations and enforcement efforts, $14,000,000
shall be used as directed by the Administrator to purchase national paid
advertising (including production and placement) to support such
national impaired driving mobilizations and enforcement efforts.
Sec. 141. Notwithstanding any other provision of law, funds
appropriated or limited in the Act to educate the motoring public on how
to share the road safely with commercial motor vehicles shall be
administered by the National Highway Traffic Safety Administration and
shall not be used by or made available to any other Federal agency.
Sec. 142. Notwithstanding any other provision of law, for fiscal
year 2005 the Secretary of Transportation is authorized to use amounts
made available to carry out section 157 of title 23, United
[[Page 118 STAT. 3219]]
States Code, to make innovative project allocations, not to exceed the
prior year's amounts for such allocations, before making incentive
grants for use of seat belts.
Federal Railroad Administration
Safety and Operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $139,769,000, of which $15,350,000 shall remain
available until expended.
Railroad Research and Development
For necessary expenses for railroad research and development,
$36,025,000, to remain available until expended.
railroad rehabilitation and improvement program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant to the guarantee
of the principal amount of obligations under sections 511 through 513 of
such Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section 502 of
such Act, as amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium during
fiscal year 2005: Provided further, That the Secretary of Transportation
and the National Railroad Passenger Corporation shall reach agreement on
a schedule for the repayment of all principal and interest on their June
28, 2002 direct loan agreement that provides for repayment in five equal
annual installments over a 5-year period beginning in fiscal year 2005:
Provided further, <<NOTE: Deadline.>> That each annual installment
payment shall be made no later than thirty days after the enactment of
the Departments of Transportation and Treasury, Independent Agencies,
and General Government Appropriations Act for the fiscal year: Provided
further, That in the event the Secretary and the National Railroad
Passenger Corporation are unable to agree on the terms and conditions of
such revised repayment schedule within sixty days after the enactment of
this Act, then all principal and interest shall come due as provided for
under the existing terms of the June 28, 2002 direct loan agreement.
next generation high-speed rail
For necessary expenses for the Next Generation High-Speed Rail
program as authorized under 49 U.S.C. 26101 and 26102, $19,650,000, to
remain available until expended.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $25,000,000, for capital rehabilitation and
improvements benefiting its passenger operations, to remain available
until expended.
[[Page 118 STAT. 3220]]
grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation, $1,217,000,000, to
remain available until September 30, 2005: Provided, That not less than
$500,000,000 shall be provided in quarterly grants for capital expenses:
Provided further, That the Secretary of Transportation shall approve
funding to cover operating losses and capital expenditures, including
advance purchase orders, for the National Railroad Passenger Corporation
only after receiving and reviewing a grant request for each specific
train route: Provided further, That each such grant request shall be
accompanied by a detailed financial analysis, revenue projection, and
capital expenditure projection justifying the Federal support to the
Secretary's satisfaction: Provided further, That the Secretary of
Transportation shall reserve $60,000,000 of the funds provided under
this heading and is authorized to transfer such sums to the Surface
Transportation Board, upon request from said Board, to carry out
directed service orders issued pursuant to section 11123 of title 49,
United States Code, to respond to the cessation of commuter rail
operations by the National Railroad Passenger Corporation: Provided
further, That the Secretary of Transportation shall make the reserved
funds available to the National Railroad Passenger Corporation through
an appropriate grant instrument during the end of the fourth quarter of
fiscal year 2005 to the extent that no directed service orders have been
issued by the Surface Transportation Board as of the date of transfer or
there is a balance of reserved funds not needed by the Board to pay for
any directed service order issued through September 30, 2005: Provided
further, <<NOTE: Deadline.>> That not later than 60 days after enactment
of this Act, Amtrak shall transmit, in electronic format, to the
Secretary of Transportation, the House and Senate Committees on
Appropriations, the House Committee on Transportation and Infrastructure
and the Senate Committee on Commerce, Science, and Transportation a
comprehensive business plan approved by the Board of Directors for
fiscal year 2005 under section 24104(a) of title 49, United States Code:
Provided further, That the business plan shall include, as applicable,
targets for ridership, revenues, and capital and operating expenses:
Provided further, That the plan shall also include a separate accounting
of such targets for the Northeast Corridor; commuter service; long-
distance Amtrak service; State-supported service; each intercity train
route; including Autotrain; and commercial activities including contract
operations and mail and express: Provided further, That the business
plan shall include a description of the work to be funded, along with
cost estimates and an estimated timetable for completion of the projects
covered by this business plan: Provided
further, <<NOTE: Deadline. Reports.>> That not later than December 1,
2004 and no later than 30 days following the last business day of the
previous month thereafter, Amtrak shall submit to the Secretary of
Transportation and the House and Senate Committees on Appropriations a
supplemental report, in electronic format, regarding the pending
business plan, which shall describe the work completed to date, any
changes to the business plan, and the reasons for such changes: Provided
further, That none of the funds in this Act may be used for operating
expenses, including advance purchase orders, and capital projects not
approved by the Secretary of Transportation nor on the National
[[Page 118 STAT. 3221]]
Railroad Passenger Corporation's fiscal year 2005 business plan:
Provided further, <<NOTE: Public information.>> That Amtrak shall
display the business plan and all subsequent supplemental plans on the
Corporation's website within a reasonable timeframe following their
submission to the appropriate entities: Provided further, That none of
the funds under this heading may be obligated or expended until the
National Railroad Passenger Corporation agrees to continue abiding by
the provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary of
conditions for the direct loan agreement of June 28, 2002, in the same
manner as in effect on the date of enactment of this Act: Provided
further, <<NOTE: Deadline. 49 USC 24315 note.>> That the Secretary of
Transportation is authorized to retain up to $4,000,000 of the funds
provided to be used to retain a consultant or consultants to assist the
Secretary in preparing a comprehensive valuation of Amtrak's assets to
be completed not later than September 30, 2005: Provided further, That
these funds shall be available to the Secretary of Transportation until
expended: Provided further, That this valuation shall to be used to
retain a consultant or consultants to develop to the Secretary's
satisfaction a methodology for determining the avoidable and fully
allocated costs of each <<NOTE: Reports. Deadlines.>> Amtrak route:
Provided further, That once the Secretary has approved the methodology
for determining the avoidable and fully allocated costs of each Amtrak
route, Amtrak shall apply that methodology in compiling an annual report
to Congress on the avoidable and fully allocated costs of each of its
routes, with the initial report for fiscal year 2005 to be submitted to
the House and Senate Committees on Appropriations, the House Committee
on Transportation and Infrastructure, and the Senate Committee on
Commerce, Science, and Transportation before December 31, 2005, and each
subsequent report to be submitted within 90 days after the end of the
fiscal year to which the report pertains.
General Provisions--Federal Railroad Administration
Sec. 150. <<NOTE: Procedures. 49 USC 24101 note.>> For the purpose
of assisting State-supported intercity rail service, in order to
demonstrate whether competition will provide higher quality rail
passenger service at reasonable prices, the Secretary of Transportation,
working with affected States, shall develop and implement a procedure
for fair competitive bidding by Amtrak and non-Amtrak operators for
State-supported routes: Provided, That in the event a State desires to
select or selects a non-Amtrak operator for the route, the State may
make an agreement with Amtrak to use facilities and equipment of, or
have services provided by, Amtrak under terms agreed to by the State and
Amtrak to enable the non-Amtrak operator to provide the State-supported
service: Provided further, That if the parties cannot agree on terms,
the Secretary shall, as a condition of receipt of Federal grant funds,
order that the facilities and equipment be made available and the
services be provided by Amtrak under reasonable terms and compensation:
Provided further, That when prescribing reasonable compensation to
Amtrak, the Secretary shall consider quality of service as a major
factor when determining whether, and the extent to which, the amount of
compensation shall be greater than the incremental costs of using the
facilities and providing the services: Provided further, That the
Secretary may reprogram up to $2,500,000 from the Amtrak operating grant
funds for costs associated with the implementation of the fair bid
procedure and demonstration of competition under this section.
[[Page 118 STAT. 3222]]
Sec. 151. <<NOTE: 49 USC 103 note.>> Notwithstanding any provisions
of this or any other Act, during the fiscal year ending September 30,
2005, and hereafter, the Federal Railroad Administration may use funds
appropriated by this or any other Act to provide for the installation of
a broadband high speed internet service connection, including necessary
equipment, for Federal Railroad Administration employees, and to either
pay directly recurring monthly charges or to reimburse a percentage of
such monthly charges which are paid by such employees:
Provided, <<NOTE: Certification.>> That the Federal Railroad
Administration certifies that adequate safeguards against private misuse
exist, and that the service is necessary for direct support of the
agency's mission.
Sec. 152. Public Law 97-468 is amended--
(1) in section 608(a)(5) <<NOTE: 45 USC 1207.>> by inserting
``, including any amount appropriated or otherwise made
available to the State-owned railroad,'' before ``shall be
retained'';
(2) in section 608 by adding a new subsection (e) as
follows:
``(e) The State-owned railroad may take any necessary or appropriate
action, consistent with Federal railroad safety laws, to preserve and
protect its rail properties in the interests of safety.''; and
(3) <<NOTE: 45 USC 1203.>> in section 604(d)(2) by adding a
new paragraph (D) as follows:
``(D) Any hazardous substance, petroleum or other
contaminant release at or from the State-owned rail
properties that began prior to January 5, 1985, shall be
and remain the liability of the United States for
damages and for the costs of investigation and cleanup.
Such liability shall be enforceable under 42 U.S.C. 9601
et seq. for any release described in the preceding
sentence.''.
Sec. 153. Notwithstanding any other provision of law, from funds
made available to the Federal Railroad Administration under the heading
``Next Generation High-Speed Rail'' in the Consolidated Appropriations
Act of 2004 (Public Law 108-199), the Secretary of Transportation may
award a grant in the amount of $400,000 to the Illinois Department of
Transportation for KBS Railroad track and grade crossing improvements in
Kankakee County and Northeastern Illinois.
Sec. 154. The Northern New England High Speed Rail Corridor is
expanded to include the train routes from Boston, Massachusetts, to
Albany, New York, and from Springfield, Massachusetts, to New Haven,
Connecticut.
Sec. 155. <<NOTE: Deadline. Reports.>> Not later than March 1, 2005,
Amtrak shall submit to the House and Senate Committees on Appropriations
a report detailing Amtrak's obligations pursuant to 49 U.S.C. 24306(a),
describing all investments made to develop mail and express, year-to-
year operating results generated by mail and express, a detailed
description of the impact on employees related to termination of mail
and express, a detailed description of the proposed liquidation of
assets related to mail and express, and an accounting of all incurred
and estimated costs resulting from such termination, including legal and
accounting costs, any contingent obligations that may result, and any
other related costs. Before submission, both the Amtrak Board of
Directors and the Department of Transportation shall review this report.
[[Page 118 STAT. 3223]]
Federal Transit Administration
Administrative Expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $9,750,000: Provided, That no more than $78,000,000 of
budget authority shall be available for these purposes: Provided
further, That of the funds available not to exceed $900,000 shall be
available for the Office of the Administrator; not to exceed $6,520,000
shall be available for the Office of Administration; not to exceed
$4,100,000 shall be available for the Office of the Chief Counsel; not
to exceed $1,243,000 shall be available for the Office of Communication
and Congressional Affairs; not to exceed $7,396,000 shall be available
for the Office of Program Management; not to exceed $6,929,000 shall be
available for the Office of Budget and Policy; not to exceed $4,645,000
shall be available for the Office of Demonstration and Innovation; not
to exceed $3,013,000 shall be available for the Office of Civil Rights;
not to exceed $4,171,000 shall be available for the Office of Planning;
not to exceed $20,150,000 shall be available for regional offices; and
not to exceed $16,433,000 shall be available for the central account:
Provided further, That the Administrator is authorized to transfer funds
appropriated for an office of the Federal Transit Administration:
Provided further, That no appropriation for an office shall be increased
or decreased by more than a total of 5 percent during the fiscal year by
all such transfers: Provided further, That any change in funding greater
than 5 percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That any funding
transferred from the central account shall be submitted for approval to
the House and Senate Committees on Appropriations: Provided further,
That none of the funds provided or limited in this Act may be used to
create a permanent office of transit security under this heading:
Provided further, That of the funds in this Act available for the
execution of contracts under section 5327(c) of title 49, United States
Code, $2,000,000 shall be reimbursed to the Department of
Transportation's Office of Inspector General for costs associated with
audits and investigations of transit-related issues, including reviews
of new fixed guideway systems: Provided further, That up to $2,500,000
for the National transit database shall remain available until expended:
Provided further, <<NOTE: Reports.>> That upon submission to the
Congress of the fiscal year 2006 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on new
starts, proposed allocations of funds for fiscal year 2006: Provided
further, That the amount herein appropriated shall be reduced by $20,000
per day for each day after initial submission of the President's budget
that the report has not been submitted to the Congress.
Formula Grants
(including transfer of funds)
For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310,
5311, 5327, and section 3038 of Public Law 105-178, $504,022,000, to
remain available until expended: Provided, That no more than
$4,032,175,000 of budget authority shall be available
[[Page 118 STAT. 3224]]
for these purposes: Provided further, That notwithstanding any other
provision of law, $50,000,000 of the funds to carry out 49 U.S.C. 5308
shall be transferred to and merged with funding provided for the
replacement, rehabilitation, and purchase of buses and related equipment
and the construction of bus-related facilities under ``Federal Transit
Administration, Capital investment grants''.
University Transportation Research
For necessary expenses to carry out 49 U.S.C. 5505, $750,000, to
remain available until expended: Provided, That no more than $6,000,000
of budget authority shall be available for these purposes.
Transit Planning and Research
For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305,
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $16,000,000, to remain
available until expended: Provided, That no more than $128,000,000 of
budget authority shall be available for these purposes: Provided
further, That $5,250,000 is available to provide rural transportation
assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to carry out
programs under the National Transit Institute (49 U.S.C. 5315),
$8,250,000 is available to carry out transit cooperative research
programs (49 U.S.C. 5313(a)), $60,385,600 is available for metropolitan
planning (49 U.S.C. 5303, 5304, and 5305), $12,614,400 is available for
State planning (49 U.S.C. 5313(b)); and $37,500,000 is available for the
national planning and research program (49 U.S.C. 5314).
Trust Fund Share of Expenses
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315,
5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public
Law 105-178, $6,744,500,000, to remain available until expended, and to
be derived from the Mass Transit Account of the Highway Trust Fund:
Provided, That $3,528,153,000 shall be paid to the Federal Transit
Administration's formula grants account: Provided further, That
$112,000,000 shall be paid to the Federal Transit Administration's
transit planning and research account: Provided further, That
$68,250,000 shall be paid to the Federal Transit Administration's
administrative expenses account: Provided further, That $5,250,000 shall
be paid to the Federal Transit Administration's university
transportation research account: Provided further, That $109,375,000
shall be paid to the Federal Transit Administration's job access and
reverse commute grants program: Provided further, That $2,921,472,000
shall be paid to the Federal Transit Administration's capital investment
grants account.
Capital Investment Grants
(including transfer of funds)
For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and
5327, $417,353,000, to remain available until expended:
[[Page 118 STAT. 3225]]
Provided, That no more than $3,338,825,000 of budget authority shall be
available for these purposes: Provided further, That there shall be
available for fixed guideway modernization, $1,214,400,000; there shall
be available for the replacement, rehabilitation, and purchase of buses
and related equipment and the construction of bus-related facilities,
$675,000,000, which shall include $50,000,000 made available under
5309(m)(3)(C) of this title, plus $50,000,000 transferred from ``Federal
Transit Administration, Formula Grants''; and there shall be available
for new fixed guideway systems $1,449,425,000, with $3,591,548 in
unobligated balances made available in Public Law 106-346, and
$22,554,144 in unobligated balances made available in Public Law 107-87,
to be available as follows:
Atlanta, Georgia/North Springs (North Line Extension),
$265,410.
Baltimore, Maryland, Central Light Rail Double Track,
$29,010,000.
Birmingham-Transit Corridor, Alabama, $1,000,000.
Boston, Massachusetts, Silver Line III, $3,000,000.
Capital Metro-Bus Rapid Transit, Texas, $1,000,000.
CATRAIL RTC Rail Project, Nevada, $1,000,000.
Charlotte, North Carolina, South Corridor Light Rail
Project, $30,000,000.
Chicago, Illinois, Douglas Branch Reconstruction,
$85,000,000.
Chicago, Illinois, Ravenswood Line Extension, $40,000,000.
Cleveland, Ohio, Euclid Corridor Transportation Project,
$25,000,000.
Dallas, Texas NW/SE Extension, $8,500,000.
Denver, Colorado, Southeast Corridor LRT, $80,000,000.
Dulles Corridor Rapid Transit Project, Virginia,
$25,000,000.
Fort Lauderdale, Florida, South Florida Commuter Rail
Upgrades, $11,409,506.
Harrisburg, Pennsylvania, Corridor One Rail MOS, $2,000,000.
Hawaii and Alaska Ferry Boats, $10,296,000.
Houston Advanced Metro Transit Plan, Texas, $8,500,000.
I-5/I-205/SR50, Transit Loop, Washington and Oregon,
$1,500,000.
Las Vegas, Nevada, Resort Corridor Fixed Guideway Project,
$30,000,000.
Little Rock River Rail, Arkansas, $3,500,000.
Los Angeles, California/MOS3 Metro Rail (North Hollywood),
$675,103.
Los Angeles, California, Eastside Light Rail Transit
Project, $60,000,000.
Los Angeles, California, Gold Line Foothill Extension,
$500,000.
Metra Commuter Rail Expansions and Extensions, Illinois,
$52,000,000.
Minneapolis, Minnesota, Hiawatha Light Rail Project,
$33,698,453.
Minneapolis, Minnesota, Northstar Commuter Rail Project,
$5,000,000.
Nashville, Tennessee, East Corridor Commuter Rail,
$2,000,000.
[[Page 118 STAT. 3226]]
New Jersey Trans-Hudson Midtown Corridor, $1,200,000.
New Orleans, Louisiana, Canal Street Corridor Project,
$16,747,023.
New York, New York Long Island Rail Road East Side Access,
$100,000,000.
Norfolk, Virginia, Light Rail Transit Project, $2,000,000.
Northern New Jersey Hudson-Bergen Light Rail MOS2,
$100,000,000.
Northern New Jersey Newark Rail Link MOS 1, $319,463.
Northern New Jersey Newark-Elizabeth Rail Line MOS1,
$1,365,876.
Philadelphia, Pennsylvania, Schuylkill Valley MetroRail,
$10,000,000.
Phoenix, Arizona, Central Phoenix/East Valley Light Rail,
$75,000,000.
Pittsburgh, Pennsylvania, North Shore Light Rail Connector,
$55,000,000.
Pittsburgh, Pennsylvania, Stage II Light Rail, $1,140,792.
Portland, Oregon, Interstate Max Light Rail Extension,
$23,480,000.
Raleigh, North Carolina, Triangle Transit Authority Regional
Rail Project, $20,000,000.
Rhode Island Integrated Commuter Rail Project, $6,000,000.
Regional Commuter Rail (Weber County to Salt Lake City),
Utah, $8,000,000.
Salt Lake City, Utah/CBD to University LRT, $1,147,398.
Salt Lake City, Utah/Medical Center Extension, $8,836,110.
San Diego, California, Mid-Coast Light Rail Extension,
$1,000,000.
San Diego, California, Mission Valley East Light Rail
Extension, $81,640,000.
San Diego, California, Oceanside-Escondido Rail Corridor,
$55,000,000.
San Francisco, California, BART Extension to San Fran
International Airport, $100,000,000.
San Francisco, California, Muni Third Street Light Rail
Project, $10,000,000.
San Juan, Puerto Rico, Tren Urbano Rapid Transit System,
$44,620,000.
Santa Clara County, California, Silicon Valley Rapid Transit
Corridor Project, $2,500,000.
Seattle, Washington, Central Link Initial Segment,
$80,000,000.
Sound Transit Sounder Commuter Rail, Lakewood to Nisqually,
Washington, $4,000,000.
South Shore Commuter Rail, Indiana, $2,500,000.
St. Louis, Missouri/Metrolink St. Clair Extension, $60,436.
Stamford, Connecticut Urban Transitway, Phase 2, $3,000,000.
Washington County, Oregon, Wilsonville to Beaverton Commuter
Rail Project, $9,000,000.
Washington, DC/Largo Extension, Maryland, $76,770,615.
Job Access and Reverse Commute Grants
For necessary expenses to carry out section 3037 of the Federal
Transit Act of 1998, $15,625,000, to remain available until
[[Page 118 STAT. 3227]]
expended: Provided, That no more than $125,000,000 of budget authority
shall be available for these purposes: Provided further, That up to
$300,000 of the funds provided under this heading may be used by the
Federal Transit Administration for technical assistance and support and
performance reviews of the Job Access and Reverse Commute Grants
program.
General Provisions--Federal Transit Administration
Sec. 160. <<NOTE: 49 USC 5338 note.>> The limitations on obligations
for the programs of the Federal Transit Administration shall not apply
to any authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available for
obligation.
Sec. 161. Notwithstanding any other provision of law, and except for
fixed guideway modernization projects, funds made available by this Act
under ``Federal Transit Administration, Capital investment grants'' for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2007, and other recoveries,
shall be made available for other projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2004, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. None of the funds in this Act shall be available to any
Federal transit grantee after February 1, 2004, involved directly or
indirectly, in any activity that promotes the legalization or medical
use of any substance listed in schedule I of section 202 of the
Controlled Substances Act (21 U.S.C. 812 et seq.).
Sec. 164. From unobligated balances in the Federal Transit
Administration's Discretionary Grants account, not to exceed $72,792,311
shall be transferred as follows: to the Federal Transit Administration's
Formula Grants account, not to exceed $42,190,828; and to the Interstate
Transfer Grants--Transit account, not to exceed $30,601,483: Provided,
That these unobligated balances are used, together with Formula Grant
funds that are available for reapportionment in such account, to restore
obligation authority reduced due to a prior deficiency.
Sec. 165. Funds made available for Alaska or Hawaii ferry boats or
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
used to construct new vessels and facilities, or to improve existing
vessels and facilities, including both the passenger and vehicle-related
elements of such vessels and facilities, and for repair facilities:
Provided, That not more than $3,000,000 of the funds made available
pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii
to initiate and operate a passenger ferryboat services demonstration
project to test the viability of different intra-island and inter-island
ferry boat routes and technology: Provided further, That notwithstanding
49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry
boats may be used to acquire passenger ferry boats and to provide
passenger ferry transportation services within areas of the State of
Hawaii under the control or use of the National Park Service.
Sec. 166. Notwithstanding any other provision of law, unobligated
funds made available for a new fixed guideway systems projects under the
heading ``Federal Transit Administration, Capital Investment Grants'' in
any appropriations act prior to this Act
[[Page 118 STAT. 3228]]
may be used during this fiscal year to satisfy expenses incurred for
such projects.
Sec. 167. <<NOTE: 49 USC 5307 note.>> The Secretary shall continue
the pilot program authorized under section 166 of the Consolidated
Appropriations Act, 2004, Public Law 108-199; 118 Stat. 309, for
cooperative procurement of major capital equipment under sections 5307,
5309, and 5311. The program shall be administered as required under
subsections (b) through (g) of section 166, except that there shall be
five pilot projects: Provided, That the Secretary shall evaluate all
proposals based on selection criteria set forth in the announcement of
the program and request for proposals (Federal Register Notice--Vol. 69,
No. 120, Page 35127, June 23,
2004). <<NOTE: Notification. Deadline.>> All proposed projects shall be
evaluated and the proposing party shall receive notification of
acceptance or denial by no later than 90 days after the Secretary
receives a request for review of a proposed project: Provided
further, <<NOTE: Deadline. Reports.>> That not later than 30 days after
delivery of the base order under each of the five pilot projects, the
Secretary shall submit to the House and Senate Committees on
Appropriations a report on the results of that pilot project. Each
report shall evaluate any savings realized through the cooperative
procurement and the benefits of incorporating cooperative procurement,
as shown by that project, into the mass transit program as a whole.
Sec. 168. Amounts made available under chapter 53 of title 49,
United States Code, and section 1108 of Public Law 102-240 to the Port
Authority of Allegheny County for the Airport Busway/Wabash HOV Facility
project that remain unexpended may be used by the Port Authority for the
purchase of buses and bus-related equipment in accordance with 49 U.S.C.
5309.
Sec. 169. Notwithstanding any other provision of law, any
unobligated funds made available under the bus category of the Capital
Investment Account in prior fiscal year Appropriations Act for the
Greater New Haven Transit District Fuel Cell and Electric Bus project or
CNG/alternative fuel vehicle project shall be transferred to and
administered under the Transit Planning and Research account, subject to
such terms and conditions as the Secretary deems appropriate.
Sec. 170. Notwithstanding any other provision of law, any
unobligated funds made available to the Matanuska Susitna Borough under
``Federal Transit Administration, Buses and Bus Facilities'' shall be
available for expenditure on ferry boat and ferry facilities and related
expenses as part of the Port MacKenzie Intermodal Facility project.
Sec. 171. Notwithstanding any other provision of law, $8,900,000 of
the funds made available under the new fixed guideway systems category
of the Capital Investment Grants account in Public Law 107-87 for the
``Honolulu, Hawaii, bus rapid transit project'' shall be made available
to the city and county of Honolulu for replacement, rehabilitation, and
purchase of buses and related equipment and the construction of bus-
related facilities under 49 U.S.C. 5309 and shall remain available to
the city and county of Honolulu for those purposes until expended:
Provided, That any remaining unobligated balance from said project in
Public Law 107-87 shall be transferred for any eligible activity under
title 23, United States Code, and administered under that title, for use
on improvements to the Kapolei Interchange Complex and shall remain
available until expended: Provided further, That funds
[[Page 118 STAT. 3229]]
made available in Public Law 108-10 for ``Hawaii: BRT Systems,
Appurtenances and Facilities'' shall be generally available for bus and
bus facilities by the city and county of Honolulu.
Sec. 172. Notwithstanding any other provision of law, the Navy may
receive funds from the State of Hawaii for the procurement of passenger
ferry boats to provide passenger ferry transportation services for the
Arizona War Memorial.
Sec. 173. <<NOTE: Compliance.>> The Federal Transit Administration
is directed to comply with section 3042 of the Federal Transit Act of
1998 (Public Law 105-178, as amended; 112 Stat. 338) and is further
directed to comply with the associated Committee report language
contained in House Report 108-401, accompanying H.R. 2673, pages 997-
998.
Sec. 174. Hereafter, notwithstanding any other provision of law, for
the purpose of calculating the non-New Starts share of the total project
cost of both phases of San Francisco Muni's Third Street Light Rail
Transit project, the Secretary of Transportation shall include all non-
New Starts contributions made towards Phase 1 of the two-phase project
for engineering, final design and construction, and also shall allow
non-New Starts funds expended on one element or phase of the project to
be used to meet the non-New Starts share requirement of any element or
phase of the project: Provided further, That none of the funds provided
in this Act for the San Francisco Muni Third Street Light Rail Transit
Project shall be obligated if the Federal Transit Administration
determines that the project is found to be ``not recommended'' after
evaluation and computation of revised transportation system user benefit
data.
Sec. 175. Funds made available for the Burlington-Bennington,
Vermont Commuter Rail project in Public Law 106-346, the Burlington-
Middlebury, Vermont Commuter Rail project and Vermont Transportation
Authority Rolling Stock in Public Law 108-7 that remain unobligated, and
funds made available for the Burlington-Essex, Vermont commuter rail
project in Public Laws 105-277 and 105-66 that remain unexpended shall
be transferred to the Federal Railroad Administration and made available
to upgrade and improve the publicly-owned Vermont Rail Infrastructure
from Bennington to Burlington with a northern terminus in Essex
Junction: Provided, That the Federal share shall be 80 percent of the
total cost of the project and funds shall remain available until
expended.
Sec. 176. Notwithstanding any other provision of law, any
unobligated funds designated to the Oklahoma Transit Association on
pages 1305 through 1307 of the Joint Explanatory Statement of the
Committee of Conference for Public Law 108-7 may be made available to
the Metropolitan Tulsa Transit Authority and the Central Oklahoma
Transportation and Parking Authority for any project or activity
authorized under section 3037 of Public Law 105-178 upon receipt of an
application.
Sec. 177. Notwithstanding 49 U.S.C. 5336, any funds remaining
available under Federal Transit Administration grant numbers NY-03-345-
00, NY-03-0325-00, NY-03-0405, NY-90-X398-00, NY-90-X373-00, NY-90-X418-
00, NY-90-X465-00 together with an amount not to exceed $19,200,000 in
urbanized area formula funds that were allocated by the New York
Metropolitan Transportation Council to the New York City Department of
Transportation as a designated recipient under 49 U.S.C. 5307 may be
made available to the New York Metropolitan Transportation Authority for
eligible
[[Page 118 STAT. 3230]]
capital projects authorized under 49 U.S.C. 5307 and 5309 subject to the
agreements, obligations, and responsibilities as set forth in the
contracts of assistance applicable to these grants.
Sec. 178. Hereafter, fixed guideway extensions and new segments
included in Metropolitan Transit Authority of Harris County, Texas,
resolutions 2003-77 and 2003-93, and approved by the voters on November
4, 2003, shall be considered as the preferred alternatives for purposes
of 49 U.S.C. 5390(e)(1)(A), 23 CFR 771.123, and 49 CFR 611.7.
Sec. 179. Of the funds made available under the heading ``Federal
Transit Administration--Discretionary Grants'' in Public Laws 102-388
and 103-122 for the Hawthorne-Warwick Commuter Rail Project, $4,000,000
shall be available for the Scranton, Pennsylvania, NY City Rail Service
Fixed Guideway Project to be carried out in accordance with 49 U.S.C.
5309, $1,100,000 shall be made available to study the feasibility of
utilizing diesel multiple unit rolling stock on MOS-3 of the Hudson
Bergen Light Rail Transit System to be carried out in accordance with 49
U.S.C. 5309, and $6,000,000 shall be transferred to the Federal Railroad
Administration and made available for the New York and Susquehanna and
Western Rail Road Diesel Multiple Unit Compliance and Demonstration
Project to be carried out under terms and conditions as determined by
the Secretary: Provided, That the Federal share shall be 80 percent of
the net project cost of that demonstration project and funds for that
project shall remain available until expended.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs set forth in the Corporation's budget for the current
fiscal year.
Operations and Maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $15,900,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662: Provided, That, of this amount, $1,500,000 shall be for the
concrete replacement project and related expenses at the Eisenhower and
Snell Locks.
Maritime Administration
Maritime Security Program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$98,700,000, to remain available until expended.
[[Page 118 STAT. 3231]]
Operations and Training
For necessary expenses of operations and training activities
authorized by law, $109,478,000, of which $23,753,000 shall remain
available until September 30, 2005, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$13,138,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$8,090,000 shall remain available until expended for the State Maritime
Schools Schoolship Maintenance and Repair.
Ship Disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$21,616,000, to remain available until expended.
Maritime Guaranteed Loan (Title XI) Program Account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, not to exceed $4,764,000, which shall be transferred to and
merged with the appropriation for Operations and Training: Provided,
That of the $25,000,000 authorized for the cost of guaranteed loans in
chapter 10 of Public Law 108-11, Making Emergency Wartime Supplemental
Appropriations for the Fiscal Year 2003, and for Other Purposes,
available until September 30, 2005, and pursuant to the Department of
Transportation Inspector General report CR-2004-095 certifying that the
recommendations of report CR-2003-031 have been implemented to the
Inspector General's satisfaction, up to $2,000,000 shall be used by the
Department of Transportation to develop a comprehensive computer based
financial monitoring system.
National Defense Tank Vessel Construction Program
For necessary expenses to carry out the program of financial
assistance for the construction of new product tank vessels as
authorized by section 53101 of title 46, United States Code, as amended,
$75,000,000, to remain available until expended.
Ship Construction
(rescission)
Of the unobligated balances available under this heading, $1,979,000
are rescinded.
General Provisions--Maritime Administration
Sec. 180. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
[[Page 118 STAT. 3232]]
Sec. 181. No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant Marine Act,
1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriations Act.
Research and Special Programs Administration
Research and Special Programs
For expenses necessary to discharge the functions of the Research
and Special Programs Administration, $47,115,000, of which $645,000
shall be derived from the Pipeline Safety Fund, and of which $3,425,000
shall remain available until September 30, 2007: Provided, That up to
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited
in the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
Pipeline Safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $69,769,000,
of which $15,000,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2007; of which
$54,769,000 shall be derived from the Pipeline Safety Fund, of which
$23,105,000 shall remain available until September 30, 2007: Provided
further, That not less than $1,000,000 of the funds provided under this
heading shall be for the one-call State grant program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2006: Provided, That not more than $14,300,000 shall
be made available for obligation in fiscal year 2005 from amounts made
available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none
of the funds made available by 49 U.S.C. 5116(i), 5127(c), and 5127(d)
shall be made available for obligation by individuals other than the
Secretary of Transportation, or his designee.
[[Page 118 STAT. 3233]]
Office of Inspector General
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$59,000,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3) to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $21,250,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,050,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2005, to
result in a final appropriation from the general fund estimated at no
more than $20,200,000.
General Provisions--Department of Transportation
(including transfers of funds)
Sec. 185. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 186. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 187. None of the funds in this Act shall be available for
salaries and expenses of more than 106 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 188. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 189. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C.
[[Page 118 STAT. 3234]]
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 190. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited respectively
to the Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Transit Planning and
Research'' account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail safety
inspectors participating in training pursuant to 49 U.S.C. 20105.
Sec. 191. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 192. None of the funds in this Act to the Department of
Transportation may be used to make a grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
discretionary grant award, letter of intent, or full funding grant
agreement totaling $1,000,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant program of
the Federal Highway Administration other than the emergency relief
program; (2) the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit Administration
other than the formula grants and fixed guideway modernization programs:
Provided, That no notification shall involve funds that are not
available for obligation.
Sec. 193. Rebates, refunds, incentive payments, minor fees and other
funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 194. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and
[[Page 118 STAT. 3235]]
shall be available for the purposes and period for which
such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided, That prior to the transfer of any
such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'', has the same
meaning as that provided in section 2(d)(2) of Public
Law 107-300.
Sec. 195. The Secretary of Transportation is authorized to transfer
the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.
Sec. 196. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal administrations
in this Act, except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 197. Funds provided in this Act for the Working Capital Fund
shall be reduced by $20,844,000, which limits fiscal year 2005 Working
Capital Fund obligational authority for elements of the Department of
Transportation funded in this Act to no more than $130,210,000:
Provided, That such reductions from the budget request shall be
allocated by the Department of Transportation to each appropriations
account in proportion to the amount included in each account for the
Working Capital Fund.
Sec. 198. For the purpose of any applicable law, for fiscal years
2004 and 2005, the city of Norman, Oklahoma, shall be considered to be
part of the Oklahoma City urbanized area.
Sec. 199. Section 41716(b) of title 49, United States Code, is
amended by adding before the period at the end the following: ``; except
that the Secretary may grant not to exceed 4 additional slot exemptions
at LaGuardia Airport to an incumbent air carrier operating at least 20
but not more than 28 slots at such airport as of October 1, 2004, to
provide air transportation between LaGuardia Airport and a small hub
airport or nonhub airport''.
TITLE II
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business,
$157,559,000, of which not
[[Page 118 STAT. 3236]]
to exceed $7,274,000 for executive direction program activities; not to
exceed $7,200,000 for general counsel program activities; not to exceed
$31,657,000 for economic policies and programs activities; not to exceed
$26,072,000 for financial policies and programs activities; not to
exceed $10,633,000 for terrorism and financial intelligence policies and
programs activities; not to exceed $16,760,000 for Treasury-wide
management policies and programs activities; not to exceed $57,963,000
for administration programs activities: Provided, That the Secretary of
the Treasury is authorized to transfer funds appropriated for any
program activity of the Departmental Offices to any other program
activity of the Departmental Offices upon notification to the House and
Senate Committees on Appropriations: Provided further, That no
appropriation for any program activity shall be increased or decreased
by more than 2.5 percent by all such transfers: Provided further, That
any change in funding greater than 2.5 percent shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That the funds identified within the administration program
activity to support the Office of Foreign Assets Control shall be
transferred to ``Office of Foreign Assets Control'': Provided further,
That this transfer authority shall be in addition to any other provided
in this Act: Provided further, That of the amount appropriated under
this heading, not to exceed $3,000,000, to remain available until
September 30, 2006, for information technology modernization
requirements; not to exceed $100,000 for official reception and
representation expenses; and not to exceed $258,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended under
the direction of the Secretary of the Treasury and to be accounted for
solely on his certificate: Provided further, That of the amount
appropriated under this heading, $3,393,000, to remain available until
September 30, 2006, is for the Treasury-wide Financial Statement Audit
Program, of which such amounts as may be necessary may be transferred to
accounts of the Department's offices and bureaus to conduct audits:
Provided further, That this transfer authority shall be in addition to
any other provided in this Act.
Office of Foreign Assets Control
salaries and expenses
For necessary expenses of the Office of Foreign Assets Control,
$22,291,000: Provided, That the funding available shall support no less
than 138 full time equivalent positions.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$32,260,000, to remain available until September 30, 2007: Provided,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds appropriated shall
be used to support
[[Page 118 STAT. 3237]]
or supplement ``Internal Revenue Service, Information Systems'' or
``Internal Revenue Service, Business Systems Modernization''.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General of the Treasury,
$16,500,000, of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Treasury Inspector General for Tax Administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration; not to
exceed $6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration, $129,126,000; and of which not to exceed $1,500
shall be available for official reception and representation expenses.
Air Transportation Stabilization Program Account
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air Transportation
Safety and System Stabilization Act (Public Law 107-42), $2,000,000, to
remain available until expended.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury Building
and Annex, $12,316,000, to remain available until September 30, 2007.
Expanded Access to Financial Services
(Rescission)
Of the unobligated balances available under this heading, $4,000,000
are rescinded.
Violent Crime Reduction Program
(Rescission)
Of the unobligated balances available under this heading, $1,200,000
are rescinded.
[[Page 118 STAT. 3238]]
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement, $72,502,000, of which
$7,500,000 shall be available for BSA Direct; of which not to exceed
$7,000,000 shall remain available until September 30, 2007; and of which
$8,354,000 shall remain available until September 30, 2006: Provided,
That funds appropriated in this account may be used to procure personal
services contracts: Provided further, That up to $350,000 of the funds
under this heading may be available for planning, sponsoring,
administering, receiving, and such other expenses as the Director deems
necessary, including reception and representation expenses, to host the
2005 Annual Plenary of the Egmont Group.
Financial Management Service
Salaries and Expenses
For necessary expenses of the Financial Management Service,
$230,930,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2007, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
Salaries and Expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$83,000,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
United States Mint
United States Mint Public Enterprise Fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments. The aggregate amount of new
liabilities and obligations incurred during fiscal year 2005 under such
section 5136 for circulating coinage and protective service capital
investments of the United States Mint shall not exceed $24,000,000.
[[Page 118 STAT. 3239]]
Bureau of the Public Debt
Administering the Public Debt
For necessary expenses connected with any public-debt issues of the
United States, $179,566,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until expended for
systems modernization: Provided, That the sum appropriated herein from
the General Fund for fiscal year 2005 shall be reduced by not more than
$4,400,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result in a
final fiscal year 2005 appropriation from the general fund estimated at
$175,166,000. In addition, $60,000 to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380.
Internal Revenue Service
Processing, Assistance, and Management
For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services,
shared services support, general management and administration; and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,089,574,000, of which up to
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of
which $8,000,000 shall be available for low-income taxpayer clinic
grants, and of which not to exceed $25,000 shall be for official
reception and representation expenses.
Tax Law Enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation
support; conducting criminal investigation and enforcement activities;
securing unfiled tax returns; collecting unpaid accounts; conducting a
document matching program; resolving taxpayer problems through prompt
identification, referral and settlement; expanded customer service and
public outreach programs, strengthened enforcement activities, and
enhanced research efforts to reduce erroneous filings associated with
the earned income tax credit; compiling statistics of income and
conducting compliance research; purchase (for police-type use, not to
exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,398,729,000, of which not to exceed
$1,000,000 shall remain available until September 30, 2007, for
research: Provided, That up to $10,000,000 may be transferred as
necessary from this account to the IRS Processing, Assistance, and
Management appropriation or the IRS Information Systems appropriation
solely for the purposes of management of the Earned Income Tax Credit
compliance program and to reimburse the Social Security Administration
for the cost of implementing section 1090
[[Page 118 STAT. 3240]]
of the Taxpayer Relief Act of 1997 (Public Law 105-33): Provided
further, That this transfer authority shall be in addition to any other
transfer authority provided in this Act.
Information Systems
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $1,590,492,000, of which $200,000,000 shall remain
available until September 30, 2006.
Business Systems Modernization
For necessary expenses of the Internal Revenue Service,
$205,000,000, to remain available until September 30, 2007, for the
capital asset acquisition of information technology systems, including
management and related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by 5 U.S.C.
3109: Provided, That none of these funds may be obligated until the
Internal Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements established
by the Office of Management and Budget, including Circular A-11 part 3;
(2) complies with the Internal Revenue Service's enterprise
architecture, including the modernization blueprint; (3) conforms with
the Internal Revenue Service's enterprise life cycle methodology; (4) is
approved by the Internal Revenue Service, the Department of the
Treasury, and the Office of Management and Budget; (5) has been reviewed
by the Government Accountability Office; and (6) complies with the
acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government.
Health Insurance Tax Credit Administration
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $34,841,000.
General Provisions--Internal Revenue Service
Sec. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed 3
percent of appropriations under the heading ``Tax Law Enforcement'' may
be transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 202. <<NOTE: 26 USC 7804 note.>> The Internal Revenue Service
shall maintain a training program to ensure that Internal Revenue
Service employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural relations.
Sec. 203. <<NOTE: 26 USC 6103 note.>> The Internal Revenue Service
shall institute and enforce policies and procedures that will safeguard
the confidentiality of taxpayer information.
[[Page 118 STAT. 3241]]
Sec. 204. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
General Provisions--Department of the Treasury
Sec. 210. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 212. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such appropriation by more
than 2 percent.
Sec. 213. Of the funds available for the purchase of law enforcement
vehicles, no funds may be obligated until the Secretary of the Treasury
certifies that the purchase by the respective Treasury bureau is
consistent with Departmental vehicle management principles: Provided,
That the Secretary may delegate this authority to the Assistant
Secretary for Management.
Sec. 214. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 215. The Secretary of the Treasury may transfer funds from
``Financial management service, salaries and expenses'' to ``Debt
services'' as necessary to cover the costs of debt collection: Provided,
That such amounts shall be reimbursed to such salaries and expenses
account from debt collections received in the Debt Services Account.
Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``6 years'' and inserting ``7
years''.
[[Page 118 STAT. 3242]]
Sec. 217. None of the funds appropriated or otherwise made available
by this or any other Act may be used by the United States Mint to
construct or operate any museum without the explicit approval of the
House Committee on Financial Services and the Senate Committee on
Banking, Housing, and Urban Affairs.
Sec. 218. None of the funds appropriated or otherwise made available
by this or any other Act or source to the Department of the Treasury,
the Bureau of Engraving and Printing, and the United States Mint,
individually or collectively, may be used to consolidate any or all
functions of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on Financial
Services; the Senate Committee on Banking, Housing, and Urban Affairs;
the House Committee on Appropriations; and the Senate Committee on
Appropriations.
Sec. 219. Section 101(f) of the Treasury Department Appropriations
Act, 1997 (division A of Public Law 104-208), <<NOTE: 31 USC 501
note.>> as amended, is further amended by striking ``hereby'' and
``until October 1, 2004,'' and inserting ``Hereafter'' before the phrase
``there is established''.
Sec. 220. (a) Section 3333 of title 31, United States Code, is
amended as follows:
(1) By revising paragraph (a)(1) to read as follows:
``(a)(1) The Secretary of the Treasury is not liable for a payment
made by the Secretary or depositary in due course and without
negligence, of--
``(A) a check, draft, or warrant drawn on the Treasury or
the depositary;
``(B) an electronic payment issued by the Treasury or the
depositary; and
``(C) a debt obligation guaranteed or assumed by the United
States Government.'';
(2) By inserting after paragraph (a)(2) the following new paragraph:
``(3) The amount of the relief shall be charged to the Check Forgery
Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a loss for
which replacement is made out of the fund shall be credited to the fund
and is available for the purposes for which the fund was established.''.
(b) <<NOTE: 31 USC 3343 note.>> The Check Forgery Insurance Fund (31
U.S.C. 3343) shall be available to fund amounts relating to the payment
of items listed in 31 U.S.C. 3333(a)(1), as amended above, prior to the
enactment of this Act.
Sec. 221. <<NOTE: Deadline. Reports.>> Not later than 60 days after
enactment of this Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a report describing how statutory
provisions addressing currency manipulation by America's trading
partners contained in, and relating to, title 22 U.S.C. 5304, 5305, and
286y can be better clarified administratively to provide for improved
and more predictable evaluation, and to enable the problem of currency
manipulation to be better understood by the American people and the
Congress.
Sec. 222. Terrorism and Financial Intelligence. (a) In General.--
Subchapter I of chapter 3 of title 31, United States Code, is amended by
adding at the end the following:
[[Page 118 STAT. 3243]]
``Sec. 313. Terrorism and financial intelligence
``(a) Office of Terrorism and Financial Intelligence.--
``(1) Establishment.--There is established within the
Department of the Treasury the Office of Terrorism and Financial
Intelligence (in this section referred to as `OTFI'), which
shall be the successor to any such office in existence on the
date of enactment of this section.
``(2) Leadership.--
``(A) Undersecretary.--
There <<NOTE: Establishment.>> is established within the
Department of the Treasury, the Office of the
Undersecretary for Terrorism and Financial Crimes, who
shall serve as the head of the OTFI, and shall report to
the Secretary of the Treasury through the Deputy
Secretary of the Treasury. The Office of the
Undersecretary for Terrorism and Financial Crimes shall
be the successor to the Office of the Undersecretary for
Enforcement.
``(B) Appointment.--The Undersecretary for Terrorism
and Financial Crimes shall be appointed by the
President, by and with the advice and consent of the
Senate.
``(3) Assistant secretary for terrorist financing.--
``(A) Establishment.--There is established within
the OTFI the position of Assistant Secretary for
Terrorist Financing.
``(B) Appointment.--The Assistant Secretary for
Terrorist Financing shall be appointed by the President,
by and with the advice and consent of the Senate.
``(C) Duties.--The Assistant Secretary for Terrorist
Financing shall be responsible for formulating and
coordinating the counter terrorist financing and anti-
money laundering efforts of the Department of the
Treasury, and shall report directly to the
Undersecretary for Terrorism and Financial Crimes.
``(4) Functions.--The functions of the OTFI include
providing policy, strategic, and operational direction to the
Department on issues relating to--
``(A) implementation of titles I and II of the Bank
Secrecy Act;
``(B) United States economic sanctions programs;
``(C) combating terrorist financing;
``(D) combating financial crimes, including money
laundering, counterfeiting, and other offenses
threatening the integrity of the banking and financial
systems;
``(E) other enforcement matters;
``(F) those intelligence analysis and coordination
functions described in subsection (b); and
``(G) the security functions and programs of the
Department of the Treasury.
``(5) Reports to congress on proposed measures.--The
Undersecretary for Terrorism and Financial Crimes and the
Assistant Secretary for Terrorist Financing shall report to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives not later than 72 hours after proposing by rule,
regulation, order, or otherwise, any measure to reorganize the
structure of the Department for combatting money laundering and
terrorist financing, before any such proposal becomes effective.
[[Page 118 STAT. 3244]]
``(6) Other offices within otfi.--Notwithstanding any other
provision of law, the following offices of the Department of the
Treasury shall be within the OTFI:
``(A) The Office of the Assistant Secretary for
Intelligence and Analysis, which shall report directly
to the Undersecretary for Terrorism and Financial
Crimes.
``(B) The Office of the Assistant Secretary for
Terrorist Financing, which shall report directly to the
Undersecretary for Terrorism and Financial Crimes.
``(C) The Office of Foreign Assets Control (in this
section referred to as the `OFAC'), which shall report
directly to the Undersecretary for Terrorism and
Financial Crimes.
``(D) The Executive Office for Asset Forfeiture,
which shall report to the Undersecretary for Terrorism
and Financial Crimes.
``(E) The Office of Intelligence and Analysis (in
this section referred to as the `OIA'), which shall
report to the Assistant Secretary for Intelligence and
Analysis.
``(F) The Office of Terrorist Financing, which shall
report to the Assistant Secretary for Terrorist
Financing.
``(7) FinCEN.--
``(A) Reporting to undersecretary.--The Financial
Crimes Enforcement Network (in this section referred to
as `FinCEN'), a bureau of the Department of the
Treasury, shall report to the Undersecretary for
Terrorism and Financial Crimes. The Undersecretary for
Terrorism and Financial Crimes may not redelegate its
reporting authority over FinCEN.
``(B) Office of compliance.--
There <<NOTE: Establishment.>> is established within
FinCEN, an Office of Compliance.
``(b) Office of Intelligence and Analysis.--
``(1) Assistant secretary for intelligence and analysis.--
The Assistant Secretary for Intelligence and Analysis shall head
the OIA.
``(2) Responsibilities.--The OIA shall be responsible for
the receipt, analysis, collation, and dissemination of
intelligence and counterintelligence information related to the
operations and responsibilities of the entire Department of the
Treasury, including all components and bureaus of the
Department.
``(3) Primary functions.--The primary functions of the OIA
are--
``(A) to build a robust analytical capability on
terrorist finance by coordinating and overseeing work
involving intelligence analysts in all components of the
Department of the Treasury, focusing on the highest
priorities of the Department, as well as ensuring that
the existing intelligence needs of the OFAC and FinCEN
are met; and
``(B) to provide intelligence support to senior
officials of the Department on a wide range of
international economic and other relevant issues.
``(4) Other functions and duties.--The OIA shall--
``(A) carry out the intelligence support functions
that are assigned, to the Office of Intelligence Support
under section 311 (pursuant to section 105 of the
Intelligence Authorization Act for Fiscal Year 2004);
``(B) serve in a liaison capacity with the
intelligence community; and
[[Page 118 STAT. 3245]]
``(C) represent the Department in various
intelligence related activities.
``(5) Duties of the assistant secretary.--The Assistant
Secretary for Intelligence and Analysis shall serve as the
Senior Officer Intelligence Community, and shall represent the
Department in intelligence community fora, including the
National Foreign Intelligence Board committees and the
Intelligence Community Management Staff.
``(c) Delegation.--To the extent that any authorities, powers, and
responsibilities over enforcement matters delegated to the
Undersecretary for Terrorism and Financial Crimes, or the positions of
Assistant Secretary for Terrorism and Financial Crimes, Assistant
Secretary for Enforcement and Operations, or Deputy Assistant Secretary
for Terrorist Financing and Financial Crimes, have not been transferred
to the Department of Homeland Security, the Department of Justice, or
the Assistant Secretary for Tax Policy (related to the customs revenue
functions of the Bureau of Alcohol and Tobacco Tax and Trade), those
remaining authorities, powers, and responsibilities are delegated to the
Undersecretary for Terrorism and Financial Crimes.
``(d) Designation as Enforcement Organization.--The Office of
Terrorism and Financial Intelligence (including any components thereof)
is designated as a law enforcement organization of the Department of the
Treasury for purposes of section 9703 of title 31, United States Code,
and other relevant authorities.
``(e) Use of Existing Resources.--The Secretary may employ
personnel, facilities, and other Department of the Treasury resources
available to the Secretary on the date of enactment of this section in
carrying out this section, except as otherwise prohibited by law.
``(f) References.--References in this section to the `Secretary',
`Undersecretary', `Deputy Secretary', `Deputy Assistant Secretary',
`Office', `Assistant Secretary', and `Department' are references to
positions and offices of the Department of the Treasury, unless
otherwise specified.''.
(b) Conforming Amendments.--
(1) Title 31.--Section 311 of title 31, United States Code,
is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(ii) by inserting before paragraph (2), as so
redesignated, the following:
``(1) be within the Office of Terrorism and Financial
Intelligence;''; and
(B) in subsection (b), by striking ``Enforcement''
and inserting ``Terrorism and Financial Crimes''.
(2) Other office abolished.--The <<NOTE: 31 USC 301
note.>> Office of the Undersecretary for Enforcement of the
Department of the Treasury, established in accordance with
section 103 of the Treasury Department Appropriations Act, 1994
(Public Law 103-123) is abolished, and all rights, duties, and
responsibilities of that office are transferred on the date of
enactment of this Act to the Office of the Undersecretary for
Terrorism and Financial Crimes of the Department of the Treasury
in accordance with this section and the amendments made by this
section, except
[[Page 118 STAT. 3246]]
as otherwise specifically provided in this section or the
amendments made by this section, or other applicable law.
TITLE III
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, <<NOTE: 3 USC 102 note.>> That none of the funds made
available for official expenses shall be expended for any other purpose
and any unused amount shall revert to the Treasury pursuant to section
1552 of title 31, United States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President, $62,000,000:
Provided, That of the funds appropriated under this heading, up to
$9,975,000 shall be available for reimbursements to the White House
Communications Agency: Provided further, That of the funds appropriated
under this heading, $2,475,000 shall be for the Homeland Security
Council.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $12,760,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal
[[Page 118 STAT. 3247]]
to the estimated cost of the event, and all such advance payments shall
be credited to this account and remain available until expended:
Provided further, That the Executive Residence shall require the
national committee of the political party of the President to maintain
on deposit $25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored by such
committee during such <<NOTE: Notice. Deadline.>> fiscal year: Provided
further, That the Executive Residence shall ensure that a written notice
of any amount owed for a reimbursable operating expense under this
paragraph is submitted to the person owing such amount within 60 days
after such expense is incurred, and that such amount is collected within
30 days after the submission of such notice: Provided
further, <<NOTE: Deadline.>> That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under section 3717 of title 31, United States
Code: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as <<NOTE: Deadline. Reports.>> miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after the
end of the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during the
preceding fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided
further, <<NOTE: Procedures.>> That the Executive Residence shall
maintain a system for the tracking of expenses related to reimbursable
events within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical:
Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable requirement
of subchapter I or II of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,900,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,040,000.
[[Page 118 STAT. 3248]]
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$2,300,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $8,932,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $92,269,000, of which $12,075,000 shall remain
available until expended for the Capital Investment Plan for continued
modernization of the information technology infrastructure within the
Executive Office of the President: Provided, That $4,000,000 of Capital
Investment Plan funds may not be obligated until the Executive Office of
the President has submitted a report to the Committees on Appropriations
that includes an Enterprise Architecture, as defined in OMB Circular A-
130 and the Federal Chief Information Officers Council guidance, that is
reviewed and approved by the Office of Management and Budget, reviewed
by the United States Government Accountability Office, and approved by
the Committees on Appropriations.
Office of Management and Budget
Salaries and Expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44,
United States Code, $68,411,000, of which not to exceed $1,500 shall be
available for official representation expenses: Provided, That, as
provided in 31 U.S.C. 1301(a), appropriations shall be applied only to
the objects for which appropriations were made except as otherwise
provided by law: Provided further, That none of the funds appropriated
in this Act for the Office of Management and Budget may be used for the
purpose of reviewing any agricultural marketing orders or any activities
or regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That
none of the funds made available for the Office of Management and Budget
by this Act may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of the Office
of Management and Budget, before the Committees on Appropriations or
their subcommittees: Provided further, That the preceding shall not
apply to printed hearings released by the Committees on Appropriations:
Provided further, That none of the funds appropriated in this Act may be
available
[[Page 118 STAT. 3249]]
to pay the salary or expenses of any employee of the Office of
Management and Budget who calculates, prepares, or approves any tabular
or other material that proposes the sub-allocation of budget authority
or outlays by the Committees on Appropriations among their
subcommittees: Provided further, That none of the funds provided in this
or prior Acts shall be used, directly or indirectly, by the Office of
Management and Budget, for evaluating or determining if water resource
project or study reports submitted by the Chief of Engineers acting
through the Secretary of the Army are in compliance with all applicable
laws, regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, <<NOTE: Deadline.>> That
the Office of Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has
reported. <<NOTE: Notification. Deadline.>> The Director of the Office
of Management and Budget shall notify the appropriate authorizing and
Appropriations Committees when the 60-day review is initiated. If water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days of the end of
the OMB review period based on the notification from the Director,
Congress shall assume OMB concurrence with the report and act
accordingly.
Office of National Drug Control Policy
Salaries and Expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not
to exceed $10,000 for official reception and representation expenses;
and for participation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $27,000,000;
of which $1,350,000 shall remain available until expended for policy
research and evaluation: Provided, <<NOTE: 21 USC 1702 note.>> That the
Office is authorized to accept, hold, administer, and utilize gifts,
both real and personal, public and private, without fiscal year
limitation, for the purpose of aiding or facilitating the work of the
Office.
Counterdrug Technology Assessment Center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$42,000,000, which shall remain available until expended, consisting of
$18,000,000 for counternarcotics research and development projects, and
$24,000,000 for the continued operation of the technology transfer
program: Provided, That the $18,000,000 for counternarcotics research
and development projects shall be available for transfer to other
Federal departments or agencies.
[[Page 118 STAT. 3250]]
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $228,350,000,
for drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas, of which
no less than 51 percent shall be transferred to State and local entities
for drug control activities, which shall be obligated within
120 <<NOTE: Deadline.>> days of the date of the enactment of this Act:
Provided, That up to 49 percent, to remain available until September 30,
2006, may be transferred to Federal agencies and departments at a rate
to be determined by the Director, of which not less than $2,000,000
shall be used for auditing services and associated activities, and at
least $500,000 of the $2,000,000 shall be used to develop and implement
a data collection system to measure the performance of the High
Intensity Drug Trafficking Areas Program: Provided further, That High
Intensity Drug Trafficking Areas Programs designated as of September 30,
2004, shall be funded at no less than the fiscal year 2004 initial
allocation levels unless the Director submits to the Committees on
Appropriations, and the Committees approve, justification for changes in
those levels based on clearly articulated priorities for the High
Intensity Drug Trafficking Areas Programs, as well as published Office
of National Drug Control Policy performance measures of effectiveness:
Provided further, That a request shall be submitted in compliance with
the reprogramming guidelines to the Committees on Appropriations for
approval prior to the obligation of funds of an amount in excess of the
fiscal year 2005 budget request: Provided further, That not to exceed
$2,000,000 of the funds made available under this heading in excess of
the fiscal year 2005 budget request shall be available for the
Consolidated Priority Organization Target program.
Other Federal Drug Control Programs
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and for other purposes, authorized by the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$213,700,000, to remain available until expended, of which the following
amounts are available as follows: $120,000,000 to support a national
media campaign, as authorized by the Drug-Free Media Campaign Act of
1998; $80,000,000 to continue a program of matching grants to drug-free
communities, of which $2,000,000 shall be a directed grant to the
Community Anti-Drug Coalitions of America for the National Community
Anti-Drug Coalition Institute, as authorized in chapter 2 of the
National Narcotics Leadership Act of 1988, as amended; $2,000,000 for
the Counterdrug Intelligence Executive Secretariat; $750,000 for the
National Drug Court Institute; $1,000,000 for the National Alliance for
Model State Drug Laws; $7,500,000 for the United States Anti-Doping
Agency for anti-doping activities; $1,450,000 for the United States
membership dues to the World Anti-Doping Agency; and $1,000,000
[[Page 118 STAT. 3251]]
for evaluations and research related to National Drug Control Program
performance measures: Provided, That such funds may be transferred to
other Federal departments and agencies to carry out such activities:
Provided further, That of the amounts appropriated for a national media
campaign, not to exceed 10 percent shall be for administration,
advertising production, research and testing, labor and related costs of
the national media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000.
Special Assistance to the President
Salaries and Expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,571,000.
Official Residence of the Vice President
Operating Expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $333,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
TITLE IV
INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
Salaries and Expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $5,686,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
[[Page 118 STAT. 3252]]
Election Assistance Commission
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $14,000,000, of which $2,800,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002.
Federal Election Commission
Salaries and Expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $52,159,000, of which no less
than $4,700,000 shall be available for internal automated data
processing systems, and of which not to exceed $5,000 shall be available
for reception and representation expenses.
Federal Labor Relations Authority
Salaries and Expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $25,673,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
(Rescission)
Of the unobligated balances under this heading from prior year
appropriations, $3,000,000 are rescinded.
Federal Maritime Commission
Salaries and Expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, $19,496,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
[[Page 118 STAT. 3253]]
General Services Administration
Real Property Activities
Federal Buildings Fund
limitations on availability of revenue
(including transfer of funds)
To carry out the purposes of the Fund established pursuant to
section 210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 592), the revenues and collections
deposited into the Fund shall be available for necessary expenses of
real property management and related activities not otherwise provided
for, including operation, maintenance, and protection of federally owned
and leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $7,217,043,000, of which: (1) $708,542,000 shall
remain available until expended for construction (including funds for
sites and expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
California:
Los Angeles, Federal Bureau of Investigation
Facility, $14,054,000.
Los Angeles, United States Courthouse, $314,385,000.
San Diego, United States Courthouse, $3,068,000.
District of Columbia:
Southeast Federal Center Site Remediation,
$2,650,000.
Illinois:
Chicago, 10 West Jackson Place (Purchase),
$53,170,000.
Maine:
Calais, Border Station, $3,269,000.
Madawaska, Border Station, $1,760,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $88,710,000.
Minnesota:
Warroad, Border Station, $1,837,000.
New Mexico:
[[Page 118 STAT. 3254]]
Las Cruces, United States Courthouse, $60,000,000.
New York:
Alexandria Bay, Border Station, $8,884,000.
Massena, Border Station, $15,000,000.
North Dakota:
Dunseith, Border Station, $2,301,000.
Portal, Border Station, $22,351,000.
Texas:
El Paso, Paso Del Norte Border Station, $26,191,000.
El Paso, United States Courthouse, $63,462,000.
El Paso, Ysleta Border Station, $2,491,000.
Vermont:
Derby Line, Border Station, $3,190,000.
Norton, Border Station, $580,000.
Richford, Border Station, $589,000.
Nonprospectus Construction, $10,000,000.
Judgment Fund repayment, $10,000,000:
Provided, That each of the foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a greater amount:
Provided further, <<NOTE: Expiration date.>> That all funds for direct
construction projects shall expire on September 30, 2006, and remain in
the Federal Buildings Fund except for funds for projects as to which
funds for design or other funds have been obligated in whole or in part
prior to such date; (2) $980,222,000 shall remain available until
expended for repairs and alterations, which includes associated design
and construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building, $5,000,000.
Federal Office Building 6, $8,267,000.
Hoover FBI Building, $10,242,000.
Mary E. Switzer Building, $80,335,000.
New Executive Office Building, $6,262,000.
Steam Distribution System, $2,000,000.
Theodore Roosevelt Building, $9,730,000.
Georgia:
Atlanta, Martin Luther King, Jr. Federal Building,
$14,800,000.
Atlanta, United States Court of Appeals,
$32,004,000.
Hawaii:
Hilo, Federal Building, $5,133,000.
Louisiana:
New Orleans, Boggs Federal Building, $22,581,000.
New Orleans, Wisdom Courthouse of Appeals,
$8,005,000.
Maryland:
Baltimore, George H. Fallon Federal Building,
$46,163,000.
Suitland, National Record Center, $7,989,000.
Woodlawn, SSA Altmeyer Building, $6,300,000.
Minnesota:
St. Paul, Warren E. Burger Federal Building--
Courthouse, $36,644,000.
Missouri:
[[Page 118 STAT. 3255]]
Kansas City, Richard Bolling Federal Building,
$40,048,000.
New York:
New York, Foley Square Courthouse, $2,505,000.
Queens, Joseph P. Addabbo Federal Building,
$5,455,000.
Ohio:
Cincinnati, Potter Stewart Courthouse, $37,975,000.
Cleveland, Celebreeze Federal Building, $37,375,000.
Washington:
Seattle, William Nakamura Courthouse, $50,210,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $13,000,000.
Energy Program, $30,000,000.
Glass Fragment Retention, $20,000,000.
Design Program, $48,699,000.
Basic Repairs and Alterations, $393,500,000:
Provided further, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount identified for each
project, except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless advance approval
is obtained from the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to fund
authorized increases in <<NOTE: Expiration date.>> prospectus projects:
Provided further, That all funds for repairs and alterations prospectus
projects shall expire on September 30, 2006, and remain in the Federal
Buildings Fund except funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against the
Government arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects; (3) $161,442,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $3,657,315,000 for rental of space which shall
remain available until expended; and (5) $1,709,522,000 for building
operations which shall remain available until expended: Provided
further, That funds available to the General Services Administration
shall not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if required
by the Public Buildings Act of 1959, as amended, has not been approved,
except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus: Provided
further,
[[Page 118 STAT. 3256]]
That funds available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That notwithstanding any other
provision of law, the Administrator of General Services is authorized
and directed to proceed with site acquisition, design, and subject to
availability of funds, construction and management and inspection, of a
new Federal Building in Tuscaloosa, Alabama for which funds for site
acquisition and design were provided in Public Law 108-199: Provided
further, That amounts necessary to provide reimbursable special services
to other agencies under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 592(b)(2))
and amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not in
Government ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, shall be available from such revenues and
collections: Provided further, That revenues and collections and any
other sums accruing to this Fund during fiscal year 2005, excluding
reimbursements under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess of
the aggregate new obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall remain in the
Fund and shall not be available for expenditure except as authorized in
appropriations Acts.
General Activities
Government-wide Policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109, $62,100,000.
Operating Expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; providing Internet
access to Federal information and services; agency-wide policy direction
and management, and Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses, $92,175,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $42,351,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That
[[Page 118 STAT. 3257]]
not to exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
Electronic Government Fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation of
innovative uses of the Internet and other electronic methods,
$3,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purposes
of the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act: Provided
further, That such transfers may not be made until 10 days after a
proposed spending plan and justification for each project to be
undertaken has been submitted to the Committees on Appropriations.
Allowances and Office Staff for Former Presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $3,106,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
General Provisions--General Services Administration
(including recission of funds)
Sec. 401. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made available for
fiscal year 2005 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed transfers shall be
approved in advance by the Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used to
transmit a fiscal year 2006 request for United States Courthouse
construction that: (1) does not meet the design guide standards for
construction as established and approved by the General Services
Administration, the Judicial Conference of the United States, and the
Office of Management and Budget; and (2) does not reflect the priorities
of the Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the fiscal year 2006
request must be accompanied by a standardized
[[Page 118 STAT. 3258]]
courtroom utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 405. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations.
Sec. 407. Notwithstanding 40 U.S.C. 524, 571, and 572, the
Administrator of General Services may sell the Middle River Depot at
Middle River, Maryland, and credit the proceeds of such sale as
offsetting collections to the Federal Buildings Fund, to be available,
in addition to amounts otherwise appropriated for such Fund, for such
capital activities of the Fund as the Administrator may deem
appropriate: Provided, That the Administrator shall, to the maximum
extent practicable, cooperate and consult with Baltimore County,
Maryland officials and other interested persons in communities located
near the Middle River Depot so that the sale and use of the property is
compatible with local economic development plans and is not inconsistent
with local land use, environmental and zoning laws.
Sec. 408. Section 572(a)(2)(ii) of title 40, United States Code, is
amended by inserting the following before the period: ``, highest and
best use of property studies, utilization of property studies, deed
compliance inspection, and the expenses incurred in a relocation''.
Sec. 409. Of the amounts made available under the heading ``Federal
Buildings Fund'' for New Construction and Repairs and Alterations in
this or any prior Act, a total amount of $106,000,000 are rescinded:
Provided, <<NOTE: Notification. Deadline.>> That the Administrator of
General Services shall notify the Appropriations Committees of the House
of Representatives and Senate of the specific projects, or parts
thereof, from which funds have been rescinded within 30 days of
enactment of this Act.
Sec. 410. In order to address heightened security requirements for
the proposed Moss United States Courthouse Annex project, the
Administrator of General Services is authorized to acquire and demolish
the real property, including land and improvements, located in Salt Lake
City, Utah, at the corner of 400 South Street and West Temple, said land
and improvements commonly known as the Shubrick Building; to use
previously appropriated project funds to immediately initiate compliance
procedures in accordance with the National Historic Preservation Act and
the National Environmental Policy Act; and to redesign the proposed
courthouse expansion to incorporate this new site.
Sec. 411. Conveyance <<NOTE: Deadline.>> of Land to the Recreation
and Park Commission for the Parish of East Baton Rouge, Louisiana. (a)
Conveyance.--Not later than 60 days after the date of enactment of this
Act, the Postmaster General of the United States
[[Page 118 STAT. 3259]]
Postal Service shall convey, for the consideration specified in
subsection (b), the land described in subsection (d), including any
improvements thereon, to the General Services Administration.
(b) Purchase Price.--Upon the conveyance described in subsection
(a), the Administrator of General Services shall pay the United States
Postal Service a purchase price equaling the fair market value not to
exceed $975,000, which price may be paid by cash or credited to the
existing USPS/GSA property swap program.
(c) Reconveyance.--Not <<NOTE: Deadline.>> later than 10 days after
the conveyance described in subsection (a), the Administrator of General
Services shall convey, without consideration by quitclaim deed and
without recourse, the land described in subsection (d), including any
improvements thereon, to the Recreation and Park Commission for the
Parish of East Baton Rouge, Louisiana, for use as a downtown park or for
other public purposes.
(d) Description of Property.--The land referred to in subsections
(a) and (c) is the property formerly used as the Main Postal Office
Carrier Annex in Baton Rouge, Louisiana and located at 750 Florida
Street. This land is situated north of Convention Street, south of
Florida Street and west of 7th Street. This land comprises approximately
27,500 square feet and is improved by a one-story building.
Sec. 412. Notwithstanding any other provision of law, the
Administrator of General Services may convey, by sale, lease, exchange
or otherwise, including through leaseback arrangements, real and related
personal property, or interests therein, and retain the net proceeds of
such dispositions in an account within the Federal Buildings Fund to be
used for the General Services Administration's real property capital
needs: Provided, That all net proceeds realized under this section shall
only be expended as authorized in annual appropriations Acts: Provided
further, That for the purposes of this section, the term ``net
proceeds'' means the rental and other sums received less the costs of
the disposition, and the term ``real property capital needs'' means any
expenses necessary and incident to the agency's real property capital
acquisitions, improvements, and dispositions.
Sec. 413. Land Conveyance, Nahant, Massachusetts. (a) Conveyance
Authorized.--Notwithstanding any other provision of law, the
Administrator of General Services may sell all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, that is located at Castle Road, Gardner
Road and Goddard Drive in Nahant, Massachusetts to the Town of Nahant.
In the event a binding sales contract is not executed within 30 days of
enactment the Administrator shall commence with a public, competitive
sale of the property.
(b) Consideration.--As consideration for conveyance under subsection
(a), the Town of Nahant shall pay, in a single lump sum payment,
$2,000,000.
(c) Deposit of Funds.--Notwithstanding any other provision of law,
the Administrator may deposit the net proceeds in the Real Property
Relocation account of the General Services Administration. In the event
proceeds exceed $2,000,000, the net amount in excess of $2,000,000 shall
be deposited in the United States Coast Guard Housing Fund established
under 14 U.S.C. 687.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection
[[Page 118 STAT. 3260]]
(a) shall be determined by a survey satisfactory to the Administrator.
The cost of the survey shall be borne by the purchaser.
(e) Additional Terms and Conditions.--The Administrator may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Administrator considers appropriate to
protect the interests of the United States.
Sec. 414. <<NOTE: Deadline.>> None of the funds appropriated by this
Act or any other Act may be used after July 1, 2005 for the provision of
any telecommunications service for any Federal Government owned
building, unless such building is in compliance with a regulation or
Executive order issued after the date of enactment of this section that
requires, to the extent deemed appropriate by the President or his
designee, the provision of telecommunications services using redundant
and physically separate entry points to those buildings, and the use of
physically diverse local network facilities for the provision of such
telecommunications services.
Merit Systems Protection Board
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia
and elsewhere, hire of passenger motor vehicles, and direct procurement
of survey printing, $34,677,000 together with not to exceed $2,626,000
for administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Trust Fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $1,996,000,
to remain available until expended, of which up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and
9 of Public Law 102-259: Provided, That up to 60 percent of such funds
may be transferred by the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation for the necessary expenses of
the Native Nations Institute.
Environmental Dispute Resolution Fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and
[[Page 118 STAT. 3261]]
Conflict Resolution Act of 1998, $1,309,000, to remain available until
expended.
National Archives and Records Administration
Operating Expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary for the
review and declassification of documents, and for the hire of passenger
motor vehicles, $266,945,000: Provided, That the Archivist of the United
States is authorized to use any excess funds available from the amount
borrowed for construction of the National Archives facility, for
expenses necessary to provide adequate storage for holdings.
Electronic Records Archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $35,914,000.
Repairs and Restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $13,432,000, to remain
available until expended, of which $3,000,000 is for site preparation
and construction management to construct a new regional archives and
records facility in Anchorage, Alaska, and of which $2,000,000 is for
the repair and restoration of the plaza that surrounds the Lyndon Baines
Johnson Presidential Library that is under the joint control and custody
of the University of Texas: Provided, That such funds may be transferred
directly to the University and used, together with University funds, for
repair and restoration of the plaza and remain available until expended
for this purpose.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$5,000,000, to remain available until expended.
National Transportation Safety Board
Salaries and Expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$76,700,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
[[Page 118 STAT. 3262]]
(Rescission)
Of the available unobligated balances made available under Public
Law 106-246, $8,000,000 are rescinded.
Office of Government Ethics
Salaries and Expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation expenses,
$11,238,000.
Office of Personnel Management
Salaries and Expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $125,500,000, of which
$12,000,000 shall remain available until September 30, 2007; and in
addition $128,462,000 for administrative expenses, to be transferred
from the appropriate trust funds of the Office of Personnel Management
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs, of which
$27,640,000 shall remain available until expended for the cost of
automating the retirement recordkeeping systems: Provided, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B), and
9004(f)(1)(A) and (2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be available for
salaries and expenses of the Legal Examining Unit of the Office of
Personnel Management established pursuant to Executive Order No. 9358 of
July 1, 1943, or any successor unit of like purpose: Provided further,
That the President's Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during fiscal year
2005, accept donations of money, property, and personal services:
Provided further, That such donations, including those from prior years,
may be used for the development of publicity materials to provide
information about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement
[[Page 118 STAT. 3263]]
of travel expenses, or for the salaries of employees of such Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,627,000, and in addition, not to exceed $16,461,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Government Payment for Annuitants, Employees Health Benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as
amended, such sums as may be necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, <<NOTE: 33 USC 776.>> That annuities authorized by
the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as
amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
Office of Special Counsel
Salaries and Expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended,
Public Law 103-424, and the Uniformed Services Employment and
Reemployment Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms
[[Page 118 STAT. 3264]]
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles; $15,449,000.
United States Postal Service
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $90,709,000, of which $61,709,000
shall not be available for obligation until October 1, 2005: Provided,
That mail for overseas voting and mail for the blind shall continue to
be <<NOTE: 39 USC 403 note.>> free: Provided further, That 6-day
delivery and rural delivery of mail shall continue at not less than the
1983 level: Provided further, That none of the funds made available to
the Postal Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of any State
or local child support enforcement agency, or any individual
participating in a State or local program of child support enforcement,
a fee for information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds provided in
this Act shall be used to consolidate or close small rural and other
small post offices in fiscal year 2005.
EMERGENCY PREPAREDNESS
For an additional amount for ``Payment to the Postal Service Fund''
for emergency expenses to enable the Postal Service to protect postal
employees and postal customers from exposure to hazardous materials in
the mail, $507,000,000, to remain available until expended: Provided,
That the Postal Service shall submit a spending plan for funds under
this heading to the Office of Management and Budget and the House and
Senate Committees on Appropriations: Provided further, That the
Government Accountability Office shall review the spending plan and
capabilities of the systems to detect hazardous materials: Provided
further, That $7,000,000 is for the mail irradiation facility in
Washington, D.C.: Provided further, That the $7,000,000 specified for
the mail irradiation facility is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $41,180,000: Provided, That
travel <<NOTE: 26 USC 7443 note.>> expenses of the judges shall be paid
upon the written certificate of the judge.
[[Page 118 STAT. 3265]]
TITLE V
GENERAL PROVISIONS
This Act
(Including Transfers of Funds)
Sec. 501. Such sums as may be necessary for fiscal year 2005 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 502. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 503. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 504. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued pursuant to existing law.
Sec. 505. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 506. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 507. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has within
90 days after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1 year, made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 508. No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the assistance
the entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy America Act'').
Sec. 509. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
[[Page 118 STAT. 3266]]
Sec. 510. None of the funds provided in this Act, provided by
previous appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in fiscal year
2005, or provided from any accounts in the Treasury derived by the
collection of fees and available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates, reorganizes, or restructures
a branch, division, office, bureau, board, commission, agency,
administration, or department different from the budget justifications
submitted to the Committees on Appropriations or the table accompanying
the statement of the managers accompanying this Act, whichever is more
detailed, unless prior approval is received from the House and Senate
Committees on Appropriations:
Provided, <<NOTE: Deadline. Reports.>> That not later than 60 days after
the date of enactment of this Act, each agency funded by this Act shall
submit a report to the Committee on Appropriations of the Senate and of
the House of Representatives to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided further, That the report shall include: (1) a table for each
appropriation with a separate column to display the President's budget
request, adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by object class and
program, project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of items of
special congressional interest: Provided further, That the amount
appropriated or limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required date that
the report has not been submitted to the Congress.
Sec. 511. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2005 from appropriations made available for salaries and
expenses for fiscal year 2005 in this Act, shall remain available
through September 30, 2006, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 512. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
[[Page 118 STAT. 3267]]
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 513. The cost accounting standards promulgated under section 26
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41
U.S.C. 422) shall not apply with respect to a contract under the Federal
Employees Health Benefits Program established under chapter 89 of title
5, United States Code.
Sec. 514. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 515. <<NOTE: Abortion.>> No funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
Sec. 516. The provision of section 515 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 517. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American Act (41
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
Government of information technology (as defined in section 11101 of
title 40, United States Code, that is a commercial item (as defined in
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)).
Sec. 518. <<NOTE: 25 USC 450 note.>> Public Law 108-199 is amended
in division H, section 161, by inserting ``and all Federal agencies''
after ``Office of Management and Budget''.
Sec. 519. None of the funds made available in the Act may be used to
finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in nature
or incidental to a financial activity published in the Federal
Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section 1501.2 of
title 12 of the Code of Federal Regulations.
Sec. 520. Treatment of the Tennessee Valley Authority. The
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended--
(1) in section 3(a)(42)(B) (15 U.S.C. 78c(a)(42)(B)), by
inserting ``by the Tennessee Valley Authority or'' after
``issued or guaranteed''; and
(2) by adding at the end the following new section:
``SEC. 37. <<NOTE: 15 USC 78nn.>> TENNESSEE VALLEY AUTHORITY.
``(a) In General.--Commencing <<NOTE: Reports. Deadline.>> with the
issuance by the Tennessee Valley Authority of an annual report on
Commission Form 10-K (or any successor thereto) for fiscal year 2006 and
thereafter, the Tennessee Valley Authority shall file with the
Commission, in accordance with such rules and regulations as the
Commission has prescribed or may prescribe, such periodic, current, and
supplementary information, documents, and reports as would be required
pursuant to section 13 if the Tennessee Valley Authority were
[[Page 118 STAT. 3268]]
an issuer of a security registered pursuant to section 12.
Notwithstanding the preceding sentence, the Tennessee Valley Authority
shall not be required to register any securities under this title, and
shall not be deemed to have registered any securities under this title.
``(b) Limited Treatment as Issuer.--Commencing with the issuance by
the Tennessee Valley Authority of an annual report on Commission Form
10-K (or any successor thereto) for fiscal year 2006 and thereafter, the
Tennessee Valley Authority shall be deemed to be an issuer for purposes
of section 10A, other than for subsection (m)(1) or (m)(3) of section
10A. The Tennessee Valley Authority shall not be required by this
subsection to comply with the rules issued by any national securities
exchange or national securities association in response to rules issued
by the Commission pursuant to section 10A(m)(1).
``(c) No Effect on TVA Authority.--Nothing in this section shall be
construed to diminish, impair, or otherwise affect the authority of the
Board of Directors of the Tennessee Valley Authority to carry out its
statutory functions under the Tennessee Valley Authority Act of 1933.''.
Sec. 521. Section 307 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note) is amended by adding at the end the following new
subsection:
``(e) Docks, Waterfront Transportation Development, and Related
Infrastructure Projects.--The Secretary of Transportation is authorized
to make direct lump sum payments to the Commission to construct docks,
waterfront development projects, and related transportation
infrastructure, provided the local community provides a ten percent non-
Federal match in the form of any necessary land or planning and design
funds. To carry out this section, there is authorized to be appropriated
such sums as may be necessary.''.
Sec. 522. <<NOTE: 5 USC 552a note.>> (a) Privacy Officer.--Each
agency shall have a Chief Privacy Officer to assume primary
responsibility for privacy and data protection policy, including--
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,
and disclosure of information in an identifiable form;
(2) assuring that technologies used to collect, use, store,
and disclose information in identifiable form allow for
continuous auditing of compliance with stated privacy policies
and practices governing the collection, use and distribution of
information in the operation of the program;
(3) assuring that personal information contained in Privacy
Act systems of records is handled in full compliance with fair
information practices as defined in the Privacy Act of 1974;
(4) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personal
information by the Federal Government;
(5) conducting a privacy impact assessment of proposed rules
of the Department on the privacy of information in an
identifiable form, including the type of personally identifiable
information collected and the number of people affected;
(6) <<NOTE: Reports. Deadline.>> preparing a report to
Congress on an annual basis on activities of the Department that
affect privacy, including complaints of privacy violations,
implementation of section 552a
[[Page 118 STAT. 3269]]
of title 5, 11 United States Code, internal controls, and other
relevant matters;
(7) ensuring that the Department protects information in an
identifiable form and information systems from unauthorized
access, use, disclosure, disruption, modification, or
destruction;
(8) training and educating employees on privacy and data
protection policies to promote awareness of and compliance with
established privacy and data protection policies; and
(9) ensuring compliance with the Departments established
privacy and data protection policies.
(b) Establishing Privacy and Data Protection Procedures and
Policies.--
(1) In general.--Within 12 months of enactment of this Act,
each agency shall establish and implement comprehensive privacy
and data protection procedures governing the agency's
collection, use, sharing, disclosure, transfer, storage and
security of information in an identifiable form relating to the
agency employees and the public. Such procedures shall be
consistent with legal and regulatory guidance, including OMB
regulations, the Privacy Act of 1974, and section 208 of the E-
Government Act of 2002.
(c) Recording.--Each <<NOTE: Reports.>> agency shall prepare a
written report of its use of information in an identifiable form, along
with its privacy and data protection policies and procedures and record
it with the Inspector General of the agency to serve as a benchmark for
the agency. Each report shall be signed by the agency privacy officer to
verify that the agency intends to comply with the procedures in the
report. By signing the report the privacy officer also verifies that the
agency is only using information in identifiable form as detailed in the
report.
(d) Independent, Third-Party Review.--
(1) In general.--At <<NOTE: Deadlines.>> least every 2
years, each agency shall have performed an independent, third
party review of the use of information in identifiable form as
the privacy and data protection procedures of the agency to--
(A) determine the accuracy of the description of the
use of information in identifiable form;
(B) determine the effectiveness of the privacy and
data protection procedures;
(C) ensure compliance with the stated privacy and
data protection policies of the agency and applicable
laws and regulations; and
(D) ensure that all technologies used to collect,
use, store, and disclose information in identifiable
form allow for continuous auditing of compliance with
stated privacy policies and practices governing the
collection, use and distribution of information in the
operation of the program.
(2) Purposes.--The purposes of reviews under this subsection
are to--
(A) ensure the agency's description of the use of
information in an identifiable form is accurate and
accounts for the agency's current technology and its
processing of information in an identifiable form;
(B) measure actual privacy and data protection
practices against the agency's recorded privacy and data
protection procedures;
[[Page 118 STAT. 3270]]
(C) ensure compliance and consistency with both
online and offline stated privacy and data protection
policies; and
(D) provide agencies with ongoing awareness and
recommendations regarding privacy and data protection
procedures.
(3) Requirements of review.--
The <<NOTE: Contracts.>> Inspector General of each agency shall
contract with an independent, third party that is a recognized
leader in privacy consulting, privacy technology, data
collection and data use management, and global privacy issues,
to--
(A) evaluate the agency's use of information in
identifiable form;
(B) evaluate the privacy and data protection
procedures of the agency; and
(C) recommend strategies and specific steps to
improve privacy and data protection management.
(4) Content.--Each review under this subsection shall
include--
(A) a review of the agency's technology, practices
and procedures with regard to the collection, use,
sharing, disclosure, transfer and storage of information
in identifiable form;
(B) a review of the agency's stated privacy and data
protection procedures with regard to the collection,
use, sharing, disclosure, transfer, and security of
personal information in identifiable form relating to
agency employees and the public;
(C) a detailed analysis of agency intranet, network
and Websites for privacy vulnerabilities, including--
(i) noncompliance with stated practices,
procedures and policies; and
(ii) risks for inadvertent release of
information in an identifiable form from the
website of the agency; and
(D) a review of agency compliance with this Act.
(e) Report.--
(1) In general.--Upon completion of a review, the Inspector
General of an agency shall submit to the head of that agency a
detailed report on the review, including recommendations for
improvements or enhancements to management of information in
identifiable form, and the privacy and data protection
procedures of the agency.
(2) Internet availability.--Each <<NOTE: Public
information.>> agency shall make each independent third party
review, and each report of the Inspector General relating to
that review available to the public.
(f) Definition.--In this section, the definition of ``identifiable
form'' is consistent with Public Law 107-347, the E-Government Act of
2002, and means any representation of information that permits the
identity of an individual to whom the information applies to be
reasonably inferred by either direct or indirect means.
Sec. 523. None of the funds made available under this Act may be
obligated or expended to establish or implement a pilot program under
which not more than 10 designated essential air service communities
located in proximity to hub airports are required to assume 10 percent
of their essential air subsidy costs for a 4-year period commonly
referred to as the EAS local participation program.
[[Page 118 STAT. 3271]]
Sec. 524. None of the funds made available in this Act may be used
by the Council of Economic Advisers to produce an Economic Report of the
President regarding the inclusion of employment at a retail fast food
restaurant as part of the definition of manufacturing employment.
Sec. 525. Section 302(e)(3)(B) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 432(e)(3)(B)) is amended by striking ``$1,000'' and
inserting in its place ``$2,000''.
Sec. 526. The Former Presidents Act, 3 U.S.C. 102, note, is amended
to add the following at the end of section 1(b): ``Amounts provided for
`Allowances and Office Staff for Former Presidents' may be used to pay
fees of an independent contractor who is not a member of the staff of
the office of a former President for the review of Presidential records
of a former President in connection with the transfer of such records to
the National Archives and Records Administration or a Presidential
Library without regard to the limitation on staff compensation set forth
herein.''.
Sec. 527. Of funds so made available in Items 18 and 19 of the table
contained in section 3031 of Public Law 105-178, $5,000,000 shall be
available for the Buffalo, New York Inner Harbor Redevelopment Project;
of funds made available in Public Law 104-50 for Crossroads Intermodal
Station, New York, $1,000,000 shall be available for the Buffalo Inner
Harbor Redevelopment Project; of the funds made available in Public Law
104-205 for Crossroads Intermodal Station, New York, $1,000,000 shall be
available for the Buffalo, New York Inner Harbor Redevelopment Project;
of funds made available in Public Law 106-346 for Buffalo, New York
Intermodal facility, $500,000 shall be available for the Buffalo, New
York Inner Harbor Redevelopment Project; of funds made available in
Public Law 108-7 for Buffalo Intermodal Transportation Center,
$5,000,000 shall be available for the Buffalo, New York Inner Harbor
Redevelopment Project.
Sec. 528. Funds in this Act that are apportioned to the Charleston
Area Regional Transportation Authority to carry out section 5307 of
title 49, United States Code, may be used to acquire land, equipment, or
facilities used in public transportation from another governmental
authority in the same geographic area: Provided, That the non-Federal
share under section 5307 may include revenues from the sale of
advertising and concessions.
Sec. 529. To the extent that funds remain available within the
current budget for the project, the Secretary shall amend the Full
Funding Grant Agreement for the Tri-Met Interstate light rail extension
in Portland, Oregon, to allow acquisition of up to a total of twenty-
four light rail vehicles.
Sec. 530. Section 1023(h) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102-240 as
amended by section 347 of Public Law 108-7) is amended in paragraph (1)
by striking ``October 1, 2003'' and inserting ``October 1, 2005''.
Sec. 531. Unobligated funds in an amount not to exceed $4,500,000
that were designated to the North Country County Consortium, New York
project in the conference report accompanying Public Law 108-99 under
the Job Access and Reverse Commute Account shall be transferred to and
administered under the bus category of the Capital Investment Grants
Account and available for North Country Bus and Bus Related Equipment.
[[Page 118 STAT. 3272]]
Sec. 532. Section 312a(a) of the Federal Election Campaign Act of
1971 (2 U.S.C. 439a(a)) is amended--
(1) by striking the ``or'' at the end of paragraph (a)(3);
(2) by striking the period, and adding a semi-colon at the
end of paragraph (a)(4);
(3) by adding a new paragraph (a)(5) to read as follows:
``(5) for donations to State and local candidates subject to the
provisions of State law; or''; and
(4) by adding a new paragraph (a)(6) to read as follows:
``(6) for any other lawful purpose unless prohibited by
subsection (b) of this section.''.
Sec. 533. From funds made available in this Act under the headings
``White House Office'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisors'', ``Office of Policy Development'', ``National Security
Council'', ``Office of Administration'', ``Office of Management and
Budget'', ``Office of National Drug Control Policy'', ``Special
Assistance to the President'', and ``Official Residence of the Vice
President'', the Director of the Office of Management and Budget (or
such other officer as the President may designate in writing), may,
fifteen days after giving notice to the House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged with and
available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
TITLE VI
GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may be used to
pay travel to the United States for the immediate family of employees
serving abroad in cases of death or life threatening illness of said
employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2005 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act) by the officers and employees of such department,
agency, or instrumentality.
Sec. 603. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum shall
be $9,100: Provided, That these limits may be exceeded
[[Page 118 STAT. 3273]]
by not to exceed $3,700 for police-type vehicles, and by not to exceed
$4,000 for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more than 5
percent for electric or hybrid vehicles purchased for demonstration
under the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further, That the
limits set forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law 101-
549 over the cost of comparable conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 605. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person in the service of the United States on the date of the
enactment of this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United States prior
to such date and is actually residing in the United States; (3) is a
person who owes allegiance to the United States; (4) is an alien from
Cuba, Poland, South Vietnam, the countries of the former Soviet Union,
or the Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian
refugee paroled in the United States after January 1, 1975; or (6) is a
national of the People's Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992:
Provided, That for the purpose of this section, an affidavit signed by
any such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her status have been
complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction, shall be
fined no more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be in addition
to, and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the Philippines, or to
nationals of those countries allied with the United States in a current
defense effort, or to international broadcasters employed by the United
States Information Agency, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed 60 days) as
a result of emergencies.
Sec. 606. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of
[[Page 118 STAT. 3274]]
buildings and facilities which constitute public improvements performed
in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 607. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 609. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.
Sec. 610. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service and under the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or
occupied by the Postal Service, the Postmaster General may take the same
actions as the Administrator of General Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as amended
(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
consequences under the authority and within the limits provided
[[Page 118 STAT. 3275]]
in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the applicable
law of the United States.
Sec. 613. (a) <<NOTE: 5 USC 5343 note.>> Notwithstanding any other
provision of law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2005, by this or
any other Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2005, in
an amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with such
section; and
(2) during the period consisting of the remainder of fiscal
year 2005, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2005 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2005 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, 2004, shall be determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, 2004, except to the extent determined by the
Office of Personnel Management to be consistent with the purpose of this
section.
(e) <<NOTE: Applicability.>> This section shall apply with respect
to pay for service performed after September 30, 2004.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the
[[Page 118 STAT. 3276]]
rate of salary or basic pay payable after the application of this
section shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 614. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations. For the purposes
of this section, the term ``office'' shall include the entire suite of
offices assigned to the individual, as well as any other space used
primarily by the individual or the use of which is directly controlled
by the individual.
Sec. 615. Notwithstanding section 1346 of title 31, United States
Code, or section 610 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 616. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
[[Page 118 STAT. 3277]]
(7) the Director of Central Intelligence.
Sec. 617. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for the
current fiscal year shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual harassment
and that all of its workplaces are not in violation of title VII of the
Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 618. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 619. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
[[Page 118 STAT. 3278]]
Sec. 620. No funds appropriated in this or any other Act may be used
to implement or enforce the agreements in Standard Forms 312 and 4414 of
the Government or any other nondisclosure policy, form, or agreement if
such policy, form, or agreement does not contain the following
provisions: ``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by Executive Order No. 12958; section
7211 of title 5, United States Code (governing disclosures to Congress);
section 1034 of title 10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to Congress by
members of the military); section 2302(b)(8) of title 5, United States
Code, as amended by the Whistleblower Protection Act (governing
disclosures of illegality, waste, fraud, abuse or public health or
safety threats); the Intelligence Identities Protection Act of 1982 (50
U.S.C. 421 et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which protect against
disclosure that may compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes are
incorporated into this agreement and are controlling.'': Provided, That
notwithstanding the preceding paragraph, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to Congress or to an
authorized official of an executive agency or the Department of Justice
that are essential to reporting a substantial violation of law.
Sec. 621. No part of any funds appropriated in this or any other Act
shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 622. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 623. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.
Sec. 624. No part of any appropriation contained in this or any
other Act shall be used for publicity or propaganda purposes within the
United States not heretofor authorized by the Congress.
[[Page 118 STAT. 3279]]
Sec. 625. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Joint
Financial Management Improvement Program (JFMIP), shall be available to
finance an appropriate share of JFMIP administrative costs, as
determined by the JFMIP, but not to exceed a total of $800,000 including
the salary of the Executive Director and staff support.
Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint Financial
Management Improvement Program for financial management initiatives, the
Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, and the Federal Acquisition Council for procurement
initiatives). The total funds transferred or reimbursed shall not exceed
$17,000,000. Such transfers or reimbursements may only be made 15 days
following notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 628. None of the funds made available in this or any other Act
may be used by the Office of Personnel Management or any other
department or agency of the Federal Government to prohibit any agency
from using appropriated funds as they see fit to independently contract
with private companies to provide online employment applications and
processing services.
Sec. 629. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on Federal
property, if the woman and her child are otherwise authorized to be
present at the location.
Sec. 630. Nothwithstanding section 1346 of title 31, United States
Code, or section 610 of this Act, funds made available for
[[Page 118 STAT. 3280]]
the current fiscal year by this or any other Act shall be available for
the interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities:
Provided, <<NOTE: Reports.>> That the Office of Management and Budget
shall provide a report describing the budget of and resources connected
with the National Science and Technology Council to the Committees on
Appropriations, the House Committee on Science; and the Senate Committee
on Commerce, Science, and Transportation 90 days after enactment of this
Act.
Sec. 631. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 632. Subsection (f) of section 403 of Public Law 103-356 (31
U.S.C. 501 note), as amended, is further amended by striking ``October
1, 2004'' and inserting ``October 1, 2005''.
Sec. 633. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to the rendition of the Internet
site services or to the protection of the rights or property of
the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 634. (a) None of the funds appropriated by this Act may be used
to enter into or renew a contract which includes a provision
[[Page 118 STAT. 3281]]
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 635. <<NOTE: Sports. Drugs and drug abuse.>> The Congress of
the United States recognizes the United States Anti-Doping Agency
(USADA) as the official anti-doping agency for Olympic, Pan American,
and Paralympic sport in the United States.
Sec. 636. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 637. <<NOTE: 18 USC 4124 note.>> None of the funds made
available under this or any other Act for fiscal year 2005 and each
fiscal year thereafter shall be expended for the purchase of a product
or service offered by Federal Prison Industries, Inc., unless the agency
making such purchase determines that such offered product or service
provides the best value to the buying agency pursuant to governmentwide
procurement regulations, issued pursuant to section 25(c)(1) of the
Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose
procedures, standards, and limitations of section 2410n of title 10,
United States Code.
Sec. 638. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 639. <<NOTE: 5 USC 5701 note.>> Each Executive department and
agency shall evaluate the creditworthiness of an individual before
issuing the individual a government purchase charge card or government
travel charge card. The department or agency may not issue a government
purchase charge card or government travel charge card to an individual
that either lacks a credit history or is found to have an unsatisfactory
credit history as a result of this evaluation: Provided, That this
restriction shall not preclude issuance of a restricted-use charge,
debit, or stored value card made in accordance with agency procedures
to: (1) an individual with an unsatisfactory credit history where such
card is used to pay travel expenses and the agency
[[Page 118 STAT. 3282]]
determines there is no suitable alternative payment mechanism available
before issuing the card; or (2) an individual who lacks a credit
history. Each Executive department and agency shall establish guidelines
and procedures for disciplinary actions to be taken against agency
personnel for improper, fraudulent, or abusive use of government charge
cards, which shall include appropriate disciplinary actions for use of
charge cards for purposes, and at establishments, that are inconsistent
with the official business of the Department or agency or with
applicable standards of conduct.
Sec. 640. (a) <<NOTE: Effective date. 5 USC 5303 note.>> The
adjustment in rates of basic pay for employees under the statutory pay
systems that takes effect in fiscal year 2005 under sections 5303 and
5304 of title 5, United States Code, shall be an increase of 3.5
percent, and this adjustment shall apply to civilian employees in the
Department of Defense and the Department of Homeland Security and such
adjustments shall be effective as of the first day of the first
applicable pay period beginning on or after January 1, 2005.
(b) Notwithstanding section 613 of this Act, the adjustment in rates
of basic pay for the statutory pay systems that take place in fiscal
year 2005 under sections 5344 and 5348 of title 5, United States Code,
shall be no less than the percentage in paragraph (a) as employees in
the same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5, United
States Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and 5304 of
title 5 and prevailing rate employees described in section 5343(a)(5) of
title 5 shall be considered to be located in the pay locality designated
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of
this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2005.
Sec. 641. (a) <<NOTE: Deadline. Reports.>> Not later than 180 days
after the end of the fiscal year, the head of each Federal agency shall
submit a report to Congress on the amount of the acquisitions made by
the agency from entities that manufacture the articles, materials, or
supplies outside of the United States in that fiscal year.
(b) The report required by subsection (a) shall separately
indicate--
(1) the dollar value of any articles, materials, or supplies
purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to
such articles, materials, or supplies under the Buy American Act
(41 U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States.
(c) <<NOTE: Public information.>> The head of each Federal agency
submitting a report under subsection (a) shall make the report publicly
available to the maximum extent practicable.
(d) This section shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence community
as set forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
[[Page 118 STAT. 3283]]
Sec. 642. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Center
facilities.
Sec. 643. Section 653(j) of title 42, United States Code, is amended
by adding at the end the following new paragraph:
``(7) Information comparisons and disclosure to assist in
federal debt collection.--
``(A) Furnishing of information by the secretary of
the treasury.--The Secretary of the Treasury shall
furnish to the Secretary, on such periodic basis as
determined by the Secretary of the Treasury in
consultation with the Secretary, information in the
custody of the Secretary of the Treasury for comparison
with information in the National Directory of New Hires,
in order to obtain information in such Directory with
respect to persons--
``(i) who owe delinquent nontax debt to the
United States; and
``(ii) whose debt has been referred to the
Secretary of the Treasury in accordance with 31
U.S.C. 3711(g).
``(B) Requirement to seek minimum information.--The
Secretary of the Treasury shall seek information
pursuant to this section only to the extent necessary to
improve collection of the debt described in subparagraph
(A).
``(C) Duties of the secretary.--
``(i) Information disclosure.--The Secretary,
in cooperation with the Secretary of the Treasury,
shall compare information in the National
Directory of New Hires with information provided
by the Secretary of the Treasury with respect to
persons described in subparagraph (A) and shall
disclose information in such Directory regarding
such persons to the Secretary of the Treasury in
accordance with this paragraph, for the purposes
specified in this paragraph. Such comparison of
information shall not be considered a matching
program as defined in 5 U.S.C. 552a.
``(ii) Condition on disclosure.--The Secretary
shall make disclosures in accordance with clause
(i) only to the extent that the Secretary
determines that such disclosures do not interfere
with the effective operation of the program under
this part. Support collection under section 466(b)
of this title shall be given priority over
collection of any delinquent Federal nontax debt
against the same income.
``(D) Use of information by the secretary of the
treasury.--The Secretary of the Treasury may use
information provided under this paragraph only for
purposes of collecting the debt described in
subparagraph (A).
``(E) Disclosure of information by the secretary of
the treasury.--
``(i) Purpose of disclosure.--The Secretary of
the Treasury may make a disclosure under this
[[Page 118 STAT. 3284]]
subparagraph only for purposes of collecting the
debt described in subparagraph (A).
``(ii) Disclosures permitted.--Subject to
clauses (iii) and (iv), the Secretary of the
Treasury may disclose information resulting from a
data match pursuant to this paragraph only to the
Attorney General in connection with collecting the
debt described in subparagraph (A).
``(iii) Conditions on disclosure.--Disclosures
under this subparagraph shall be--
``(I) made in accordance with data
security and control policies
established by the Secretary of the
Treasury and approved by the Secretary;
``(II) subject to audit in a manner
satisfactory to the Secretary; and
``(III) subject to the sanctions
under subsection (l)(2).
``(iv) Additional disclosures.--
``(I) Determination by
secretaries.--The Secretary of the
Treasury and the Secretary shall
determine whether to permit disclosure
of information under this paragraph to
persons or entities described in
subclause (II), based on an evaluation
made by the Secretary of the Treasury
(in consultation with and approved by
the Secretary), of the costs and
benefits of such disclosures and the
adequacy of measures used to safeguard
the security and confidentiality of
information so disclosed.
``(II) Permitted persons or
entities.--If the Secretary of the
Treasury and the Secretary determine
pursuant to subclause (I) that
disclosures to additional persons or
entities shall be permitted, information
under this paragraph may be disclosed by
the Secretary of the Treasury, in
connection with collecting the debt
described in subparagraph (A), to a
contractor or agent of either Secretary
and to the Federal agency that referred
such debt to the Secretary of the
Treasury for collection, subject to the
conditions in clause (iii) and such
additional conditions as agreed to by
the Secretaries.
``(v) Restrictions on redisclosure.--A person
or entity to which information is disclosed under
this subparagraph may use or disclose such
information only as needed for collecting the debt
described in subparagraph (A), subject to the
conditions in clause (iii) and such additional
conditions as agreed to by the Secretaries.
``(F) Reimbursement of hhs costs.--The Secretary of
the Treasury shall reimburse the Secretary, in
accordance with subsection (k)(3), for the costs
incurred by the Secretary in furnishing the information
requested under this paragraph. Any such costs paid by
the Secretary of the Treasury shall be considered costs
of implementing 31 U.S.C. 3711(g) in accordance with 31
U.S.C. 3711(g)(6) and may be paid from the account
established pursuant to 31 U.S.C. 3711(g)(7).''.
[[Page 118 STAT. 3285]]
Sec. 644. Notwithstanding section 1346 of title 31, United States
Code, and section 610 of this Act and any other provision of law, the
head of each appropriate executive department and agency shall transfer
to or reimburse the Federal Aviation Administration, upon the direction
of the Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described below, and
shall submit budget requests for such purposes. These funds shall be
administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant to
an operational agreement with the Department of the Interior for the
entirety of fiscal year 2005 and any period thereafter that precedes the
enactment of the Transportation, Treasury, and Independent Agencies
Appropriations Act, 2006. The Director of the Office of Management and
Budget shall mandate the necessary transfers after determining an
equitable allocation between the appropriate executive departments and
agencies of the responsibility for funding the continuous operation of
the Midway Atoll Airfield based on, but not limited to, potential use,
interest in maintaining aviation safety, and applicability to
governmental operations and agency mission. The total funds transferred
or reimbursed shall not exceed $6,000,000 for any twelve-month period.
Such sums shall be sufficient to ensure continued operation of the
airfield throughout the period cited above. Funds shall be available for
operation of the airfield or airfield-related capital
upgrades. <<NOTE: Notification. Deadline.>> The Director of the Office
of Management and Budget shall notify the Committees on Appropriations
of such transfers or reimbursements within 15 days of this
Act. <<NOTE: Deadline.>> Such transfers or reimbursements shall begin
within 30 days of enactment of this Act.
Sec. 645. (a) Designation.--The United States Courthouse located at
95 Seventh Street in San Francisco, California, shall be known and
designated as the ``James R. Browning United States Courthouse''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the courthouse referred
to in subsection (a) shall be deemed to be a reference to the ``James R.
Browning United States Courthouse''.
DIVISION I--DEPARTMENTS <<NOTE: Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2005.>> OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by law (38
U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits
to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15,
51, 53, 55, and 61; 92 Stat. 2508);
[[Page 118 STAT. 3286]]
and burial benefits, emergency and other officers' retirement pay,
adjusted-service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the provisions of
article IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. 540 et seq.) and for other benefits as authorized by law (38
U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50
U.S.C. App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198),
$32,607,688,000, to remain available until expended: Provided, That not
to exceed $20,703,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'' and ``Medical
services'' for necessary expenses in implementing those provisions
authorized in the Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the
funding source for which is specifically provided as the ``Compensation
and pensions'' appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reimbursed to
``Medical facilities revolving fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 31,
34, 35, 36, 39, 51, 53, 55, and 61), $2,556,232,000, to remain available
until expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to provide
under section 3104(a) of title 38, United States Code, other than under
subsection (a)(1), (2), (5), and (11) of that section, shall be charged
to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
70 Stat. 887; 72 Stat. 487, $44,380,000, to remain available until
expended.
veterans housing benefit program fund program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2005, within the resources available, not to exceed
$500,000 in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $154,075,000, which may be transferred to and
merged with the appropriation for ``General operating expenses''.
[[Page 118 STAT. 3287]]
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $47,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$4,108,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $311,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000,
which may be transferred to and merged with the appropriation for
``General operating expenses'': Provided, That no new loans in excess of
$50,000,000 may be made in fiscal year 2005.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C. chapter 37,
subchapter VI, not to exceed $750,000 of the amounts appropriated by
this Act for ``General operating expenses'' and ``Medical
administration'' may be expended.
Veterans Health Administration
medical services
(including transfers of funds)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in paragraphs (1)
through (8) of section 1705(a) of title 38, United States Code,
including care and treatment in facilities not under the jurisdiction of
the department and including medical supplies and equipment and salaries
and expenses of health-care employees hired under title 38, United
States Code, and aid to State homes as authorized by section 1741 of
title 38, United States Code; $19,472,777,000, plus reimbursements:
Provided, That of the funds made available under this heading, not to
exceed $1,100,000,000 shall be available until September 30, 2006:
Provided further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall establish a priority for treatment
for veterans who are service-connected disabled, lower income, or have
special needs: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall give priority
funding
[[Page 118 STAT. 3288]]
for the provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That of the funds made
available under this heading, the Secretary may transfer up to
$400,000,000, to remain available until expended, to ``Construction,
major projects'' for purposes of implementing CARES subject to a
determination by the Secretary that such funds will improve access and
quality of veteran's health care needs: Provided further, That, during
the fiscal year ending September 30, 2005, the Secretary may transfer
not more than $125,000,000 of the unobligated balances in this account
and amounts made available under this heading to ``General operating
expenses'' for costs associated with processing claims where the basis
of the entitlement is claimed disability incurred as a result of a
veteran's service, subject to a determination by the Secretary of
Veterans Affairs that such additional funds are necessary: Provided
further, That, notwithstanding any other provision of law, the Secretary
of Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans with
privately written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the program
described in the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That for the DOD VA
Health Care Sharing Incentive Fund, as authorized by section 721 of
Public Law 107-314, a minimum of $15,000,000, to remain available until
expended, for any purpose authorized by 38 U.S.C. 8111.
medical administration
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; information technology hardware and software;
uniforms or allowances therefor, as authorized by sections 5901-5902 of
title 5, United States Code; and administrative and legal expenses of
the department for collecting and recovering amounts owed the department
as authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$4,705,000,000, of which $250,000,000 shall be available until September
30, 2006, plus reimbursements.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other necessary
facilities for the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction and renovation of any
facility under the jurisdiction or for the use of the department; for
oversight, engineering and architectural activities not charged to
project costs; for repairing, altering, improving or providing
facilities in the several hospitals and homes under the jurisdiction of
the department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry and food services, $3,745,000,000, of which
$250,000,000 shall be available until September 30, 2006.
[[Page 118 STAT. 3289]]
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, to remain available until September 30, 2006,
$405,593,000, plus reimbursements.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of department-wide capital planning, management and policy
activities, uniforms or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $1,324,753,000: Provided, That expenses for
services and assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5),
and (11) that the Secretary determines are necessary to enable entitled
veterans: (1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve maximum
independence in daily living, shall be charged to this account: Provided
further, That the Veterans Benefits Administration shall be funded at
not less than $1,027,193,000: Provided further, That of the funds made
available under this heading, not to exceed $66,000,000 shall be
available for obligation until September 30, 2006: Provided further,
That from the funds made available under this heading, the Veterans
Benefits Administration may purchase up to two passenger motor vehicles
for use in operations of that Administration in Manila, Philippines.
national cemetery administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; and hire of passenger motor vehicles, $148,925,000:
Provided, That of the funds made available under this heading, not to
exceed $7,400,000 shall be available until September 30, 2006.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $69,711,000, to remain available until September 30, 2006.
construction, major projects
For constructing, altering, extending and improving any of the
facilities including parking projects under the jurisdiction or for the
use of the Department of Veterans Affairs, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,
8110, and 8122 of title 38, United States Code, including
[[Page 118 STAT. 3290]]
planning, architectural and engineering services, maintenance or
guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount set forth
in 38 U.S.C. 8104(a)(3)(A) or where funds for a project were made
available in a previous major project appropriation, $458,800,000, to
remain available until expended, of which $370,709,000 shall be for
Capital Asset Realignment for Enhanced Services (CARES) activities; and
of which $8,091,000 shall be to make reimbursements as provided in 41
U.S.C. 612 for claims paid for contract disputes: Provided, That except
for advance planning activities, including needs assessments which may
or may not lead to capital investments, and other capital asset
management related activities, such as portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund and CARES funds, including needs assessments
which may or may not lead to capital investments, none of the funds
appropriated under this heading shall be used for any project which has
not been approved by the Congress in the budgetary process: Provided
further, That funds provided in this appropriation for fiscal year 2005,
for each approved project (except those for CARES activities referenced
above) shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2005; and (2) by the awarding of a
construction contract by September 30, 2006: Provided
further, <<NOTE: Reports.>> That the Secretary of Veterans Affairs shall
promptly report in writing to the Committees on Appropriations any
approved major construction project in which obligations are not
incurred within the time limitations established above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities including parking projects under the jurisdiction or for the
use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, 8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the amount set
forth in 38 U.S.C. 8104(a)(3)(A), $230,779,000, to remain available
until expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are hereby made
available for any project where the estimated cost is equal to or less
than the amount set forth in 38 U.S.C. 8104(a)(3)(A), of which
$182,100,000 shall be for Capital Asset Realignment for Enhanced
Services (CARES) activities: Provided, That from amounts appropriated
under this heading, additional amounts may be used for CARES activities
upon notification of and approval by the Committees on Appropriations:
Provided further, That funds in this account shall be available for: (1)
repairs to any of the nonmedical facilities under the jurisdiction or
for the use of the department which are necessary because of loss
[[Page 118 STAT. 3291]]
or damage caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize further loss by
such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter existing
hospital, nursing home and domiciliary facilities in State homes, for
furnishing care to veterans as authorized by 38 U.S.C. 8131-8137,
$105,163,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000,
to remain available until expended.
administrative provisions
(including transfers of funds)
Sec. 101. Any appropriation for fiscal year 2005 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for fiscal year 2005 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109 hire of passenger
motor vehicles; lease of a facility or land or both; and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902.
Sec. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ``Construction, major
projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examination
of any persons (except beneficiaries entitled under the laws bestowing
such benefits to veterans, and persons receiving such treatment under 5
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
is made to the ``Medical services'' account at such rates as may be
fixed by the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 2005 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2004.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 2005 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund accounts
they shall be payable from ``Compensation and pensions''.
[[Page 118 STAT. 3292]]
Sec. 107. Notwithstanding any other provision of law, during fiscal
year 2005, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life
Insurance Fund (38 U.S.C. 1923), and the United States Government Life
Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an insurance
program in fiscal year 2005 that are available for dividends in that
program after claims have been paid and actuarially determined reserves
have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
2005 which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
Sec. 108. <<NOTE: 31 USC 501 note.>> Notwithstanding any other
provision of law, the Department of Veterans Affairs shall continue the
Franchise Fund pilot program authorized to be established by section 403
of Public Law 103-356 until October 1, 2005: Provided, That the
Franchise Fund, established by title I of Public Law 104-204 to finance
the operations of the Franchise Fund pilot program, shall continue until
October 1, 2005.
Sec. 109. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
Sec. 110. Funds available in any Department of Veterans Affairs
appropriation for fiscal year 2005 or funds for salaries and other
administrative expenses shall also be available to reimburse the Office
of Resolution Management and the Office of Employment Discrimination
Complaint Adjudication for all services provided at rates which will
recover actual costs but not exceed $29,318,000 for the Office of
Resolution Management and $3,059,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments may be
made in advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to ``General
operating expenses'' for use by the office that provided the service.
Sec. 111. <<NOTE: Reports. Deadline.>> No appropriations in this Act
for the Department of Veterans Affairs shall be available to enter into
any new lease of real property if the estimated annual rental is more
than $300,000 unless the Secretary submits a report which the Committees
on Appropriations of the Congress approve within 30 days following the
date on which the report is received.
Sec. 112. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary
[[Page 118 STAT. 3293]]
may require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United States, the
reasonable charges for such care or services from any person who does
not make such disclosure as required: Provided further, That any amounts
so recovered for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which amounts are
received.
Sec. 113. Of the amounts provided in this Act, $25,000,000 shall be
for information technology initiatives to support the enterprise
architecture of the Department of Veterans Affairs.
Sec. 114. None of the funds made available to the Department in this
Act, or any other Act, may be used to implement sections 2 and 5 of
Public Law 107-287.
Sec. 115. (a) <<NOTE: 38 USC 1729A note.>> Hereafter receipts that
would otherwise be credited to the accounts listed in subsection (c)
shall be deposited into the Medical Care Collections Fund, and shall be
transferred to and merged with the ``Medical services'' account, in
fiscal year 2005 and subsequent years, to remain available until
expended, to carry out the purposes of the ``Medical services'' account.
(b) The unobligated balances in the accounts listed in subsection
(c), shall be transferred to and merged with the ``Medical services''
account in fiscal year 2005 and subsequent years, and remain available
until expended, to carry out the purposes of the ``Medical services''
account: Provided, That the obligated balances in these accounts may be
transferred to the ``Medical services'' account at the discretion of the
Secretary of Veterans Affairs and shall remain available until expended.
(c) Veterans Extended Care Revolving Fund; Medical Facilities
Revolving Fund; Special Therapeutic and Rehabilitation Fund; Nursing
Home Revolving Fund; Veterans Health Services Improvement Fund; and
Parking Revolving Fund.
Sec. 116. (a) <<NOTE: Contracts. Health and health care.>> The
Secretary of Veterans Affairs shall conduct by contract a program of
recovery audits for the fee basis and other medical services contracts
with respect to payments for hospital care. Notwithstanding section
3302(b) of title 31, United States Code, amounts collected, by setoff or
otherwise, as the result of such audits shall be available, without
fiscal year limitation, for the purposes for which funds are
appropriated under ``Medical services'' and the purposes of paying a
contractor a percent of the amount collected as a result of an audit
carried out by the contractor.
(b) All amounts so collected under subsection (a) with respect to a
designated health care region (as that term is defined in section
1729A(d)(2) of title 38, United States Code) shall be allocated, net of
payments to the contractor, to that region.
Sec. 117. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or revenues
derived from enhanced-use leasing activities (including disposal) that
are deposited into the Medical Care Collections Fund may be transferred
and merged with ``Construction, major projects'' and ``Construction,
minor projects'' accounts and be used for construction (including site
acquisition and disposition), alterations and improvements of any
medical facility under the jurisdiction or for the use of the Department
of Veterans Affairs. Such sums as realized are in addition to the amount
provided for in ``Construction, major projects'' and ``Construction,
minor projects''.
[[Page 118 STAT. 3294]]
Sec. 118. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the department.
Sec. 119. That such sums as may be deposited to the Medical Care
Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to
``Medical services'', to remain available until expended for the
purposes of this account.
Sec. 120. Amounts made available for fiscal year 2005 under the
``Medical services'', ``Medical administration'', and ``Medical
facilities'' accounts may be transferred between the accounts to the
extent necessary to implement the restructuring of the Veterans Health
Administration accounts after notice of the amount and purpose of the
transfer is provided to the Committees on Appropriations of the Senate
and House of Representatives and a period of 30 days has elapsed:
Provided, That the limitation on transfers is 20 percent in fiscal year
2005.
Sec. 121. Any appropriation for fiscal year 2005 for the Veterans
Benefits Administration made available under the heading ``General
operating expenses'' may be transferred to the ``Veterans Housing
Benefit Program Fund Program Account'' for the purpose of providing
funds for the nationwide property management contract if the
administrative costs of such contract exceed $8,800,000 in the budget
year.
Sec. 122. The Department of Veterans Affairs is authorized to expend
such sums as are available in the unobligated balances of the funds
originally appropriated to ``Medical Care'' for emergency expenses
resulting from the January 1994 earthquake in southern California in
Public Law 103-211, Emergency Supplemental Appropriations Act of 1994,
for the same purposes of the ``Medical Services'' account, to remain
available until expended.
Sec. 123. Notwithstanding any other provision of law, the Secretary
of Veterans Affairs (Secretary) shall allow veterans eligible under
existing VA Medical Care requirements and who reside in Alaska to obtain
medical care services from medical facilities supported by the Indian
Health Services or tribal organizations. The Secretary shall: (1) limit
the application of this provision to rural Alaskan veterans in areas
where an existing VA facility or VA-contracted service is unavailable;
(2) require participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the Secretary; (3)
require this provision to be consistent with CARES; and (4) result in no
additional cost to the Department of Veterans Affairs or the Indian
Health Service.
Sec. 124. Of the funds made available under the heading
``Construction, minor projects'' in chapter 11 of division B of the
Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005, Public Law 108-324, the Secretary
of Veterans Affairs may transfer up to $19,800,000 to the ``Medical
Facilities'' account for non-recurring maintenance expenses related to
hurricane and tropical storm damage.
[[Page 118 STAT. 3295]]
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
Tenant-Based Rental Assistance
(Including Transfer of Funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $14,885,000,000, to remain available until
expended, of which $10,685,000,000 shall be available on October 1, 2004
and $4,200,000,000 shall be available on October 1, 2005: Provided, That
the amounts made available under this heading are provided as follows:
(1) $13,462,989,000 for renewals of expiring section 8
tenant-based annual contributions contracts (including renewals
of enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from amounts
provided under this paragraph, the Secretary for the calendar
year 2005 funding cycle shall renew such contracts for each
public housing agency based on verified Voucher Management
System (VMS) leasing and cost data averaged for the months of
May, June, and July of 2004, and by applying the 2005 Annual
Adjustment Factor as established by the Secretary, and by making
any necessary adjustments for the costs associated with the
first-time renewal of tenant protection or HOPE VI vouchers:
Provided further, That if such data is not available,
verifiable, or complete, the Secretary shall use verified VMS
leasing and cost data averaged for the months of February,
March, and April of 2004, and by applying the 2005 Annual
Adjustment Factor as established by the Secretary, and by making
any necessary adjustments for the costs associated with the
first-time renewal of tenant protection or HOPE VI vouchers:
Provided further, That if such data is not available,
verifiable, or complete, the Secretary shall use leasing and
cost data from the most recent end-of-year financial statements
for public housing agency fiscal years ending no later than
March 31, 2004, and by applying the 2005 Annual Adjustment
Factor as established by the Secretary, and by making any
necessary adjustments for the costs associated with the first-
time renewal of tenant protection or HOPE VI vouchers: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount provided under this paragraph, pro rate
each public housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That the entire
amount provided under this paragraph shall be obligated to the
public housing agencies based on the allocation and pro rata
method described above: Provided further, That public housing
agencies participating in the Moving to Work demonstration shall
be funded pursuant to their Moving to Work agreements and shall
be subject to the same pro rata adjustments under the previous
proviso: Provided further, That none of the funds provided in
this paragraph may be used to support a total number of unit
months under lease which
[[Page 118 STAT. 3296]]
exceeds a public housing agency's authorized level of units
under contract;
(2) $163,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, and tenant protection assistance, including
replacement and relocation assistance;
(3) $46,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) $2,904,000 shall be transferred to the Working Capital
Fund; and
(5) $1,210,107,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program, of which up to $25,000,000
shall be available to the Secretary to allocate to public
housing agencies that need additional funds to administer their
section 8 programs: Provided, That $1,185,107,000 of the amount
provided in this paragraph shall be allocated for the calendar
year 2005 funding cycle on a pro rata basis to public housing
agencies based on the amount public housing agencies were
eligible to receive in calendar year 2004: Provided further,
That all amounts provided under this paragraph shall be only for
activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities.
Project-Based Rental Assistance
(Including Transfer of Funds)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937, as
amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise
provided for, $5,341,000,000 to remain available until expended:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $5,237,100,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act,
for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990, and
for administrative and other expenses associated with project-
based activities and assistance funded under this paragraph.
(2) $101,900,000 for performance-based contract
administrators for section 8 project-based assistance.
[[Page 118 STAT. 3297]]
(3) $2,000,000 shall be transferred to the Working Capital
Fund.
Public Housing Capital Fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937, as amended (42
U.S.C. 1437g) (the ``Act'') $2,600,000,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2005, the Secretary may not
delegate to any Department official other than the Deputy Secretary and
the Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) regarding the extension of the time
periods under such section: Provided further, That for purposes of such
section 9(j), the term ``obligate'' means, with respect to amounts, that
the amounts are subject to a binding agreement that will result in
outlays, immediately or in the future: Provided further, That of the
total amount provided under this heading, up to $38,700,000 shall be for
carrying out activities under section 9(h) of such Act, of which
$12,500,000 shall be for the provision of remediation services to public
housing agencies identified as ``troubled'' under the Section 8
Management Assessment Program and for surveys used to calculate local
Fair Market Rents and assess housing conditions in connection with
rental assistance under section 8 of the Act: Provided further, That
$10,150,000 shall be transferred to the Working Capital Fund: Provided
further, That no funds may be used under this heading for the purposes
specified in section 9(k) of the United States Housing Act of 1937, as
amended: Provided further, That of the total amount provided under this
heading, up to $30,000,000 shall be available for the Secretary of
Housing and Urban Development to make grants, notwithstanding section
205 of this Act, to public housing agencies for emergency capital needs
resulting from unforeseen emergencies and natural disasters occurring in
fiscal year 2005: Provided further, That of the total amount provided
under this heading, $53,500,000 shall be for supportive services,
service coordinators and congregate services as authorized by section 34
of the Act and the Native American Housing Assistance and Self-
Determination Act of 1996: Provided further, That up to $3,000,000 is to
support the costs of administrative and judicial receiverships in effect
prior to date of enactment of this Act: Provided further, That of the
total amount provided under this heading, $15,000,000 shall be for
Neighborhood Networks grants for activities authorized in section
9(d)(1)(E) of the United States Housing Act of 1937, as amended, of
which up to $1,000,000 may be used for technical assistance in
connection with such grants as authorized in section 9(h)(8) of such
Act: Provided further, That notwithstanding any other provision of law,
amounts made available in the previous proviso shall be awarded to
public housing agencies on a competitive basis: Provided further, That
notwithstanding section 9(d)(1)(E) of the United States Housing Act of
1937, any Neighborhood Networks computer center established with funding
made available under this heading in this or any other Act, shall be
available for use by residents of public housing and residents
[[Page 118 STAT. 3298]]
of other housing assisted with funding made available under this title
in this Act or any other Act.
public housing operating fund
For 2005 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$2,458,000,000, of which $10,000,000 in bonus funds shall be provided to
public housing agencies that assist program participants in moving away
from dependency on housing assistance programs: Provided, That of the
total amount provided under this heading, $8,000,000 shall be for
programs, as determined appropriate by the Attorney General, which
assist in the investigation, prosecution, and prevention of violent
crimes and drug offenses in public and federally-assisted low-income
housing, including Indian housing, which shall be administered by the
Department of Justice through a cooperative agreement with the
Department of Housing and Urban Development: Provided further, That any
such 2005 payment shall be provided in an amount sufficient to cover
only the period beginning with the start of a public housing agency's
fiscal year and ending on December 31, 2005: Provided
further, <<NOTE: 42 USC 1437g note.>> That for fiscal year 2006 and all
fiscal years thereafter, the Secretary shall provide assistance under
this heading to public housing agencies on a calendar year basis:
Provided further, That, in fiscal year 2005 and all fiscal years
hereafter, no amounts under this heading in any appropriations Act may
be used for payments to public housing agencies for the costs of
operation and management of public housing for any year prior to the
current year of such Act: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended.
Revitalization of Severely Distressed Public Housing (Hope VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing Act
of 1937, as amended, $144,000,000, to remain available until September
30, 2006, of which the Secretary may use up to $4,000,000 for technical
assistance and contract expertise, to be provided directly or indirectly
by grants, contracts or cooperative agreements, including training and
cost of necessary travel for participants in such training, by or to
officials and employees of the department and of public housing agencies
and to residents: Provided, That none of such funds shall be used
directly or indirectly by granting competitive advantage in awards to
settle litigation or pay judgments, unless expressly permitted herein.
native american housing block grants
(including transfers of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$627,000,000, to remain available until expended, of which $2,200,000
shall be contracted through the Secretary as technical
[[Page 118 STAT. 3299]]
assistance and capacity building to be used by the National American
Indian Housing Council in support of the implementation of NAHASDA; of
which $4,500,000 shall be to support the inspection of Indian housing
units, contract expertise, training, and technical assistance in the
training, oversight, and management of Indian housing and tenant-based
assistance, including up to $300,000 for related travel; and of which
$2,600,000 shall be transferred to the Working Capital Fund: Provided,
That of the amount provided under this heading, $2,000,000 shall be made
available for the cost of guaranteed notes and other obligations, as
authorized by title VI of NAHASDA: Provided further, That such costs,
including the costs of modifying such notes and other obligations, shall
be as defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
the total principal amount of any notes and other obligations, any part
of which is to be guaranteed, not to exceed $17,926,000: Provided
further, That for administrative expenses to carry out the guaranteed
loan program, up to $150,000 from amounts in the first proviso, which
shall be transferred to and merged with the appropriation for ``Salaries
and expenses'', to be used only for the administrative costs of these
guarantees.
Indian Housing Loan Guarantee Fund Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$5,000,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$145,345,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, up to $250,000 from amounts in the first paragraph, which
shall be transferred to and merged with the appropriation for ``Salaries
and expenses'', to be used only for the administrative costs of these
guarantees.
Native Hawaiian Housing Loan Guarantee Fund Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
$1,000,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$37,403,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, up to $35,000 from amounts in the first paragraph, which
shall be transferred to and merged with the appropriation for ``Salaries
and expenses'', to be used only for the administrative costs of these
guarantees.
[[Page 118 STAT. 3300]]
Community Planning and Development
Housing Opportunities for Persons With AIDS
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $284,000,000, to remain available until September 30,
2006: Provided, <<NOTE: Contracts.>> That the Secretary shall renew all
expiring contracts for permanent supportive housing that were funded
under section 854(c)(3) of such Act that meet all program requirements
before awarding funds for new contracts and activities authorized under
this section: Provided further, That the Secretary may use up to
$2,500,000 of the funds under this heading for training, oversight, and
technical assistance activities.
Rural Housing and Economic Development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $24,000,000 to remain
available until expended, which amount shall be competitively awarded by
September 1, 2005, to Indian tribes, State housing finance agencies,
State community and/or economic development agencies, local rural
nonprofits and community development corporations to support innovative
housing and economic development activities in rural areas.
Empowerment Zones/Enterprise Communities
For grants in connection with a second round of empowerment zones
and enterprise communities, $10,000,000, to remain available until
September 30, 2005, for ``Urban Empowerment Zones'', as authorized in
section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C.
1391(g)), including $666,666 for each empowerment zone for use in
conjunction with economic development activities consistent with the
strategic plan of each empowerment zone.
community development fund
(including transfers of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,709,000,000, to remain available until September 30,
2007, unless otherwise specified: Provided, That of the amount provided,
$4,150,035,000 is for carrying out the community development block grant
program under title I of the Housing and Community Development Act of
1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided
further, That unless explicitly provided for under this heading (except
for planning grants provided in the third paragraph and amounts made
available in the second paragraph), not to exceed 20 percent of any
grant made with funds appropriated under this heading (other than a
grant made available in this paragraph to the Housing Assistance Council
or the National American Indian Housing Council, or a grant using funds
under section 107(b)(3) of the Act) shall be expended for planning and
management development and administration: Provided further, That
$69,000,000 shall be for grants to Indian tribes notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other provision of
law
[[Page 118 STAT. 3301]]
(including section 205 of this Act), up to $4,000,000 may be used for
emergencies that constitute imminent threats to health and safety;
$3,300,000 shall be for a grant to the Housing Assistance Council;
$2,400,000 shall be for a grant to the National American Indian Housing
Council; $4,800,000 shall be available as a grant to the National
Housing Development Corporation, for operating expenses not to exceed
$2,000,000 and for a program of affordable housing acquisition and
rehabilitation; $4,800,000 shall be available as a grant to the Raza
Development Fund of La Raza for the HOPE Fund, of which $500,000 is for
technical assistance and fund management, and $4,300,000 is for
investments in the HOPE Fund and financing to affiliated organizations;
$43,700,000 shall be for grants pursuant to section 107 of the Act, of
which $9,000,000 shall be for the Native Hawaiian block grant authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996, to remain available until expended, of which
$500,000 shall be for training and technical assistance; $3,465,000
shall be transferred to the Working Capital Fund; $25,000,000 shall be
for grants pursuant to the Self Help Homeownership Opportunity Program;
$34,500,000 shall be for capacity building, of which $30,000,000 shall
be for Capacity Building for Community Development and Affordable
Housing for LISC and the Enterprise Foundation for activities as
authorized by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), as in effect immediately before June 12, 1997, with not less
than $5,000,000 of the funding to be used in rural areas, including
tribal areas, and of which $4,500,000 shall be for capacity building
activities administered by Habitat for Humanity International;
$2,000,000 shall be for the Special Olympics National Games Organizing
Committee for planning, equipment, and operational expenses associated
with the 2006 games in Ames, Iowa; $62,000,000 shall be available for
YouthBuild program activities authorized by subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act, as amended, and
such activities shall be an eligible activity with respect to any funds
made available under this heading: Provided, That local YouthBuild
programs that demonstrate an ability to leverage private and nonprofit
funding shall be given a priority for YouthBuild funding: Provided
further, That no more than 10 percent of any grant award under the
YouthBuild program may be used for administrative costs: Provided
further, That of the amount made available for YouthBuild not less than
$9,000,000 is for grants to establish YouthBuild programs in underserved
and rural areas and $2,000,000 is to be made available for a grant to
YouthBuild USA for capacity building for community development and
affordable housing activities as specified in section 4 of the HUD
Demonstration Act of 1993, as amended.
Of the amount made available under this heading, $42,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives: Provided,
That amounts made available under this paragraph shall be provided in
accordance with the terms
[[Page 118 STAT. 3302]]
and conditions specified in the statement of managers accompanying this
Act.
Of the amount made available under this heading, $262,000,000 shall
be available for grants for the Economic Development Initiative (EDI) to
finance a variety of targeted economic investments in accordance with
the terms and conditions specified in the statement of managers
accompanying this Act: Provided, That none of the funds provided under
this paragraph may be used for program operations.
The referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended with respect to item number 2
with respect to amounts made available for the City of Boaz, Alabama by
striking ``facilities renovation and expansion'' and inserting
``construction of a new library''.
The referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended with respect to item number 740
by striking ``facilities renovation and construction'' and inserting
``an economic development planning study''.
The referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended with respect to item number 254
by striking ``Greater Community Council in Louisville, Kentucky for
construction of a facility for low-income, disabled persons'' and
inserting ``Portland Promise, Inc., in Louisville, Kentucky for a multi-
purpose facility''.
The referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended with respect to item number 10
with respect to amounts made available to the St. Stephen Family Life
Center in Louisville, Kentucky by striking ``renovation'' and inserting
``construction''.
The referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended with respect to item number 584
with respect to amounts made available for Queens Borough Public Library
in Queens, New York by striking ``for facilities rehabilitation and
expansion of the Parsons Boulevard complex'' and inserting ``for
facilities construction and renovations''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
198 by striking ``$160,000 for the Pine Mountain Beautification and
Economic Development project in Harris County, Georgia for streetscape
improvements'' and inserting ``$60,000 for the Beautification and
Economic Development project in Harris County, Georgia for construction;
and $100,000 for the Beautification and Economic Development project in
the Town of Pine Mountain, Georgia for streetscape improvements''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
96 with respect to amounts made available for the City of Corona,
California by striking ``construction'' and inserting ``rehabilitation
and conversion''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
257 with respect to amounts made available for Fort Dodge, Iowa by
inserting ``planning, design and'' before the word ``facilities''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
776 with respect to amounts made available for
[[Page 118 STAT. 3303]]
Rice University by inserting ``planning, design and'' before the word
``construction''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
535 by striking ``facilities renovation, expansion and buildout for the
D'Youville College Library Improvement project'' and inserting
``Administration building renovation''.
The referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended with respect to item number 215
by striking ``construction of a fieldhouse located at 39th and Cottage
Grove'' and inserting ``costs associated with construction of a LULA
lift at Ogden Park''.
The referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended with respect to item number 831
by striking ``Bread and Rose in Olympia, Washington for renovations to a
homeless shelter'' and inserting ``Catholic Community Services in
Olympia, Washington for construction of a homeless shelter''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
303 by striking ``Maine Environmental'' and inserting ``Marine
Environmental''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
163 by striking ``a special needs evacuation, senior, multipurpose
center'' and inserting ``for Lakefront improvements to Lake Toho''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
499 by striking ``relocation of and renovations to the Wolcott Carriage
House'' and inserting ``facilities improvements to Erie Canal parks''.
The referenced statement of the managers under this heading in title
II of Public Law 107-73; H. Rept. 107-272 is deemed to be amended by
striking ``Southern New Mexico Fair and Rodeo in Dona Ana County for
infrastructure improvements and to build a multipurpose event center;''
and inserting the following: ``Dona Ana County, New Mexico, for the
Southern New Mexico State Fair to make infrastructure improvements and
to build a multi-purpose event center;''.
The referenced statement of the managers under this heading in title
II of division G of the Consolidated Appropriations Resolution, 2004
(Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
respect to item 218 by striking ``construction'' and inserting
``planning and design''.
The statement of managers accompanying Public Law 106-74, as amended
by chapter 8 of title II of the Emergency Supplemental Act, 2000 (Public
Law 106-246), is further amended by inserting ``, to remain available to
be expended until September 30, 2007,'' after ``$25,000,000''.
The referenced statement of managers under the heading in title II
of division G of the Consolidated Appropriations Resolution, 2004
(Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
respect to numbers 418 and 423 by striking both specified grants and
inserting ``418. $900,000 to Northland Neighborhoods, Inc., in Clay
County, Missouri for the expansion
[[Page 118 STAT. 3304]]
of the current Home Repair Program to provide home repairs to low- to
moderate-income neighborhoods;''.
The referenced statement of managers under this heading in title II
of division G of the Consolidated Appropriations Resolution, 2004
(Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
respect to item 791 by inserting ``for planning and design'' after
``Texas''.
The referenced statement of managers under this heading in title II
of division G of the Consolidated Appropriations Resolution, 2004
(Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
respect to item 218 by striking ``construction'' and inserting
``planning and design''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
169 by striking ``for renovation of an aviation high technology
facility'' and inserting the following: ``for a feasibility study of a
facilities improvement to the Airco Complex and surrounding
properties''.
The referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended with respect to item number 740
by striking ``for facilities renovation and construction'' and inserting
``for development and continuation of the National Medal of Honor Museum
of Military History''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
163 by striking ``for a special needs evacuation, senior, multipurpose
center'' and inserting ``for construction at the Lakefront Improvement
Project''.
The referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended with respect to item number 54
by striking ``for renovation of facilities'' and inserting ``for the
Screen Education Center''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
104 by striking ``to Sonoma State University in California for
construction of the Green Music Center'' and inserting ``to Center
Point, Inc., to acquire and renovate a facility for the adolescent
residential treatment center''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number 4
by striking ``for renovation of the old Uniontown Middle School'' and
inserting ``for enhancements to facilities for industrial development''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
583 by striking ``$200,000 to the North Carolina Museum of Natural
Sciences for construction of the Nature Research Center'' and inserting
``$200,000 to the Friends of the North Carolina Museum of Natural
Sciences for construction of the Nature Research Center''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
469 by striking ``to Rutgers University in New Jersey land acquisition
for LEAP University High School'' and inserting ``to the LEAP Academy
University Charter High School in Camden City, New Jersey for facilities
construction, renovation, and buildout''.
[[Page 118 STAT. 3305]]
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
575 by striking ``construction'' and inserting ``acquisition,
renovation''.
The referenced statement of the managers under this heading in
Public Law 108-199 is deemed to be amended with respect to item number
683 by striking ``for construction related to Bailey Park and downtown
streetscape, beautification, building renovation and restoration'' and
inserting ``for master plan development, building acquisition,
demolition, renovation and restoration''.
Section 167 of division H of Public Law 108-199 <<NOTE: 114 Stat.
452.>> is amended by allocating the funding made available under the
heading ``Community Development Fund for project number 177 (House
Report 108-235) to the Chicago Children's Choir Academy in Illinois for
facility design and construction''.
The referenced statement of the managers under this heading in title
II of division G of the Consolidated Appropriations Resolution, 2004
(Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
respect to item 24 by striking ``Tuscaloosa County Commission for
Community Development in Tuscaloosa County, Alabama;'' and inserting
``City of Tuscaloosa for community development in Tuscaloosa,
Alabama;''.
The referenced statement of the managers under this heading in title
II of division G of the Consolidated Appropriations Resolution, 2004
(Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
respect to item 796 by striking ``Community Center'' and inserting
``Convention Center''.
community development loan guarantees program account
(including transfer of funds)
For the cost of guaranteed loans, $6,000,000, to remain available
until September 30, 2006, as authorized by section 108 of the Housing
and Community Development Act of 1974, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the guaranteed
loan program, $1,000,000, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses''.
Brownfields Redevelopment
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $24,000,000, to remain
available until September 30, 2006.
[[Page 118 STAT. 3306]]
HOME Investment Partnerships Program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,865,000,000, to remain available until September 30, 2007:
Provided, That of the total amount provided in this paragraph, up to
$42,000,000 shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968, and $2,000,000 shall
be transferred to the Working Capital Fund.
In addition to amounts otherwise made available under this heading,
$50,000,000, to remain available until September 30, 2007, for
assistance to homebuyers as authorized under title I of the American
Dream Downpayment Act.
Homeless Assistance Grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the supportive housing program as authorized under subtitle C
of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing Act
of 1937, as amended, to assist homeless individuals pursuant to section
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
care program as authorized under subtitle F of title IV of such Act,
$1,250,515,000, of which $1,230,515,000 shall remain available until
September 30, 2007, and of which $20,000,000 shall remain available
until expended: Provided, That not less than 30 percent of funds made
available, excluding amounts provided for renewals under the shelter
plus care program, shall be used for permanent housing: Provided
further, That all funds awarded for services shall be matched by 25
percent in funding by each grantee: Provided further, That the Secretary
shall renew on an annual basis expiring contracts or amendments to
contracts funded under the shelter plus care program if the program is
determined to be needed under the applicable continuum of care and meets
appropriate program requirements and financial standards, as determined
by the Secretary: Provided further, That all awards of assistance under
this heading shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and employment
programs for which homeless populations may be eligible, including
Medicaid, State Children's Health Insurance Program, Temporary
Assistance for Needy Families, Food Stamps, and services funding through
the Mental Health and Substance Abuse Block Grant, Workforce Investment
Act, and the Welfare-to-Work grant program: Provided further, That up to
$11,500,000 of the funds appropriated under this heading shall be
available for the national homeless data analysis project and technical
assistance: Provided further, That $2,500,000 of the funds appropriated
under this heading shall be transferred to the Working Capital Fund:
Provided further, That all balances for Shelter Plus Care renewals
previously funded from the Shelter Plus Care Renewal
[[Page 118 STAT. 3307]]
account shall be transferred to this account, to be available for
Shelter Plus Care renewals in fiscal year 2005.
Housing Programs
Housing for the Elderly
(including transfer of funds)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $747,000,000, to remain
available until September 30, 2008, of which amount $50,000,000 shall be
for service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects, and of which
amount up to $25,000,000 shall be for grants under section 202b of the
Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible
projects under such section to assisted living or related use and for
emergency capital repairs as determined by the Secretary: Provided, That
of the amount made available under this heading, $18,000,000 shall be
available to the Secretary of Housing and Urban Development only for
making competitive grants to private nonprofit organizations and
consumer cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating to the
development of supportive housing for the elderly that is eligible for
assistance under section 202 of the Housing Act of 1959 (12 U.S.C.
1701q): Provided further, That $450,000 shall be transferred to the
Working Capital Fund: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration.
Title II of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 2004,
is <<NOTE: Ante, p. 384.>> amended under this heading by striking the
fourth proviso.
Housing for Persons With Disabilities
(including transfer of funds)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabilities,
as authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act, for project rental assistance for supportive
housing for persons with disabilities under section 811(d)(2) of such
Act, including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term, and
for supportive services associated with the housing for persons with
disabilities as authorized by section 811(b)(1) of such Act, and for
tenant-based rental assistance contracts entered into pursuant to
section 811 of such Act, $240,000,000: Provided, That $450,000 shall be
transferred to the
[[Page 118 STAT. 3308]]
Working Capital Fund: Provided further, That, of the amount provided
under this heading $28,890,000 shall be for amendments to existing
tenant-based assistance contracts entered into prior to fiscal year 2004
(only one amendment authorized for any such contract): Provided further,
That of the amount provided under this heading, the Secretary may make
available up to $10,000,000 for incremental tenant-based rental
assistance, as authorized by section 811 of such Act (which assistance
is 5 years in duration): Provided further, That all tenant-based
assistance made available under this heading shall continue to remain
available only to persons with disabilities: Provided further, That the
Secretary may waive the provisions of section 811 governing the terms
and conditions of project rental assistance and tenant-based assistance,
except that the initial contract term for such assistance shall not
exceed 5 years in duration.
Title II of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
2004, <<NOTE: Ante, p. 385.>> is amended under this heading by striking
the fourth proviso and inserting ``Provided further, That all section
811 balances outstanding, as of September 30, 2003, shall be transferred
to the appropriation under this heading.''.
Flexible Subsidy Fund
(transfer of funds)
From the <<NOTE: 12 USC 1715z-1 note.>> Rental Housing Assistance
Fund, all uncommitted balances of excess rental charges as of September
30, 2004, and any collections made during fiscal year 2005 and all
subsequent fiscal years, shall be transferred to the Flexible Subsidy
Fund, as authorized by section 236(g) of the National Housing Act, as
amended.
Manufactured Housing Fees Trust Fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), up to $13,000,000 to remain available until
expended, to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading from
the general fund shall be reduced as such collections are received
during fiscal year 2005 so as to result in a final fiscal year 2005
appropriation from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2005 appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2005, commitments to guarantee loans to carry out
the purposes of section 203(b) of the National Housing
[[Page 118 STAT. 3309]]
Act, as amended, shall not exceed a loan principal of $185,000,000,000.
During fiscal year 2005, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $356,906,000, of which not to exceed
$352,906,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $4,000,000 shall be transferred to the
appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $78,000,000, of which $15,000,000
shall be transferred to the Working Capital Fund: Provided, That to the
extent guaranteed loan commitments exceed $65,500,000,000 on or before
April 1, 2005, an additional $1,400 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $30,000,000.
General and Special Risk Program Account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
the cost of loan guarantee modifications, as that term is defined in
section 502 of the Congressional Budget Act of 1974, as amended,
$10,000,000, to remain available until expended: Provided, That these
funds are available to subsidize total loan principal, any part of which
is to be guaranteed, of up to $35,000,000,000.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale of
multifamily real properties owned by the Secretary and formerly insured
under such Act; and of which not to exceed $20,000,000 shall be for
loans to nonprofit and governmental entities in connection with the sale
of single-family real properties owned by the Secretary and formerly
insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $227,767,000, of which $207,767,000
shall be transferred to the appropriation for ``Salaries and expenses'';
and of which $20,000,000 shall be transferred to the appropriation for
``Office of Inspector General''.
In addition, for administrative contract expenses necessary to carry
out the guaranteed and direct loan programs, $86,000,000, of which
$9,600,000 shall be transferred to the Working Capital Fund: Provided,
That to the extent guaranteed loan commitments exceed $8,426,000,000 on
or before April 1, 2005, an additional $1,980 for administrative
contract expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments over $8,426,000,000 (including a pro rata
amount for any increment
[[Page 118 STAT. 3310]]
below $1,000,000), but in no case shall funds made available by this
proviso exceed $14,400,000.
Government National Mortgage Association
Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $200,000,000,000, to remain available until September
30, 2006.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $10,695,000, to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $10,695,000, shall be transferred to the
appropriation for ``Salaries and expenses''.
Policy Development and Research
Research and Technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $45,500,000, to remain
available until September 30, 2006: Provided, That of the total amount
provided under this heading, $7,000,000 shall be for the Partnership for
Advancing Technology in Housing (PATH) Initiative: Provided further,
That of the amounts made available for PATH under this heading,
$3,500,000 shall not be subject to the requirements of section 205 of
this title.
Fair Housing and Equal Opportunity
Fair Housing Activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$46,500,000, to remain available until September 30, 2006, of which
$20,000,000 shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this heading shall be
used to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
Lead Hazard Reduction
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$168,000,000, to remain available until September
[[Page 118 STAT. 3311]]
30, 2006, of which $9,900,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban Development
Act of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and hazards:
Provided, That for purposes of environmental review, pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other provisions of law that further the purposes of such Act, a grant
under the Healthy Homes Initiative, Operation Lead Elimination Action
Plan (LEAP), or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994: Provided further, That of the total amount made available
under this heading, $47,000,000 shall be made available on a competitive
basis for areas with the highest lead paint abatement needs, as
identified by the Secretary as having: (1) the highest number of
occupied pre-1940 units of rental housing; and (2) a disproportionately
high number of documented cases of lead-poisoned children: Provided
further, That each grantee receiving funds under the previous proviso
shall target those privately owned units and multifamily buildings that
are occupied by low-income families as defined under section 3(b)(2) of
the United States Housing Act of 1937: Provided further, That not less
than 90 percent of the funds made available under this paragraph shall
be used exclusively for abatement, inspections, risk assessments,
temporary relocations and interim control of lead-based hazards as
defined by 42 U.S.C. 4851: Provided further, That each recipient of
funds provided under the first proviso shall make a matching
contribution in an amount not less than 25 percent: Provided further,
That each applicant shall submit a detailed plan and strategy that
demonstrates adequate capacity that is acceptable to the Secretary to
carry out the proposed use of funds pursuant to a Notice of Funding
Availability.
Management and Administration
Salaries and Expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $25,000 for official
reception and representation expenses, $1,120,000,000, of which
$560,673,000 shall be provided from the various funds of the Federal
Housing Administration, $10,695,000 shall be provided from funds of the
Government National Mortgage Association, $1,000,000 shall be provided
from the ``Community development loan guarantees program'' account,
$150,000 shall be provided by transfer from the ``Native American
housing block grants'' account, $250,000 shall be provided by transfer
from the ``Indian housing loan guarantee fund program'' account and
$35,000 shall be transferred from the ``Native Hawaiian housing loan
guarantee fund'' account: Provided, That funds made available under
[[Page 118 STAT. 3312]]
this heading shall only be allocated in the manner specified in the
report accompanying this Act unless the Committees on Appropriations of
both the House of Representatives and the Senate are notified of any
changes in an operating plan or reprogramming: Provided further, That no
official or employee of the Department shall be designated as an
allotment holder unless the Office of the Chief Financial Officer (OCFO)
has determined that such allotment holder has implemented an adequate
system of funds control and has received training in funds control
procedures and directives: Provided further, <<NOTE: 42 USC 3549
note.>> That the Chief Financial Officer shall establish positive
control of and maintain adequate systems of accounting for
appropriations and other available funds as required by 31 U.S.C. 1514:
Provided further, That for purposes of funds control and determining
whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341
et seq.), the point of obligation shall be the executed agreement or
contract, except with respect to insurance and guarantee programs,
certain types of salaries and expenses funding, and incremental funding
that is authorized under an executed agreement or contract, and shall be
designated in the approved funds control
plan: <<NOTE: Requirements. Guidelines.>> Provided further, That the
Chief Financial Officer shall: (1) appoint qualified personnel to
conduct investigations of potential or actual violations; (2) establish
minimum training requirements and other qualifications for personnel
that may be appointed to conduct investigations; (3) establish
guidelines and timeframes for the conduct and completion of
investigations; (4) prescribe the content, format and other requirements
for the submission of final reports on violations; and (5) prescribe
such additional policies and procedures as may be required for
conducting investigations of, and administering, processing, and
reporting on, potential and actual violations of the Anti-Deficiency Act
and all other statutes and regulations governing the obligation and
expenditure of funds made available in this or any other Act: Provided
further, That up to $20,000,000 may be transferred to the Working
Capital Fund: Provided further, <<NOTE: Government
organization. Employment.>> That the Secretary shall fill 7 out of 10
vacancies at the GS-14 and GS-15 levels until the total number of GS-14
and GS-15 positions in the Department has been reduced from the number
of GS-14 and GS-15 positions on the date of enactment of Public Law 106-
377 by 2\1/2\ percent.
Working Capital Fund
For additional capital for the Working Capital Fund (42 U.S.C. 3535)
for the development of, modifications to, and infrastructure for
Department-wide information technology systems, for the continuing
operation of both Department-wide and program-specific information
systems, and for program-related development activities, $270,000,000,
to remain available until September 30, 2006: Provided, That any amounts
transferred to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to this Fund
from amounts appropriated by previously enacted appropriations Acts or
from within this Act may be used only for the purposes specified under
this Fund, in addition to the purposes for which such amounts were
appropriated.
[[Page 118 STAT. 3313]]
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$104,000,000, of which $24,000,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within this office: Provided further, That $300,000 shall be
transferred to the Working Capital Fund.
Office of Federal Housing Enterprise Oversight
Salaries and Expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $59,209,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That of the amount made available under this
heading, $5,000,000 is for litigation and to continue ongoing special
investigations of the Federal housing
enterprises: <<NOTE: Deadline.>> Provided further, That the Director
shall submit a spending plan for the amounts provided under this heading
no later than January 15, 2005: Provided further, That not less than 80
percent of total amount made available under this heading shall be used
only for examination, supervision, and capital oversight of the
enterprises (as such term is defined in section 1303 of the Federal
Housing Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502)) to ensure that the enterprises are operating in a
financially safe and sound manner and complying with the capital
requirements under Subtitle B of such Act: Provided further, That not to
exceed the amount provided herein shall be available from the general
fund of the Treasury to the extent necessary to incur obligations and
make expenditures pending the receipt of collections to the Fund:
Provided further, That the general fund amount shall be reduced as
collections are received during the fiscal year so as to result in a
final appropriation from the general fund estimated at not more than $0.
Public and Indian Housing
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and Urban
Development under this heading or the heading ``Annual contributions for
assisted housing'' or any other heading for fiscal year 2004 and prior
years, $1,557,000,000 is rescinded, to be effected by the Secretary no
later than September 30, 2005: Provided, That any such balances governed
by reallocation provisions under the statute authorizing the program for
which the funds were originally appropriated shall be available for the
rescission: Provided further, That any obligated balances of contract
[[Page 118 STAT. 3314]]
authority from fiscal year 1974 and prior that have been terminated
shall be cancelled: Provided further, That no amounts recaptured from
amounts appropriated in prior years under this heading or the heading
``Annual contributions for assisted housing'' and no carryover of such
appropriated amounts for project-based assistance shall be available for
the calendar year 2005 funding cycle for activities provided for under
the heading ``Tenant-based rental assistance'': Provided further, That
amounts recaptured under this heading or the heading ``Annual
contributions for assisted housing'' from amounts appropriated for
project-based section 8 activities may be used for amendments to section
8 project-based subsidy contracts or for performance-based contract
administrators, notwithstanding the purposes for which such amounts were
appropriated.
drug elimination grants for low-income housing
(rescission)
Of the unobligated balances remaining from funds appropriated in
fiscal year 2001 and prior years under the heading ``Drug elimination
grants for low-income housing'', $5,000,000 are rescinded.
native american housing block grants
(rescission)
Of the unobligated balances remaining from funds appropriated in
fiscal year 2004 and prior years under the heading ``Native American
housing block grants'' for activities related to title VI of NAHASDA,
$21,000,000 are rescinded.
indian housing loan guarantee program account
(rescission)
Of the unobligated balances remaining from funds appropriated in
fiscal year 2004 and prior years under the heading ``Indian housing loan
guarantee fund program account'' for activities related to the cost of
guaranteed loans, $33,000,000 are rescinded.
Housing Programs
rental housing assistance
(rescission)
Of the amounts made available under the heading ``Rent Supplement''
in Public Law 98-63 for amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in State-
aided, non-insured rental housing projects, up to $675,000,000 is
cancelled.
Federal Housing Administration
general and special risk program account
(rescission)
Of the unobligated balances remaining from credit subsidy
appropriated in fiscal year 2004 and prior years under the heading
[[Page 118 STAT. 3315]]
``General and special risk program account'', $30,000,000 are rescinded.
Administrative Provisions
Sec. 201. <<NOTE: Rescission.>> Fifty percent of the amounts of
budget authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 (42 U.S.C. 1437 note) shall be
rescinded, or in the case of cash, shall be remitted to the Treasury,
and such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies with
projects approved by the Secretary of Housing and Urban Development for
which settlement occurred after January 1, 1992, in accordance with such
section. Notwithstanding the previous sentence, the Secretary may award
up to 15 percent of the budget authority or cash recaptured and not
rescinded or remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2005 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. <<NOTE: HIV/AIDS. Grants.>> (a) Notwithstanding section
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)(1)(A)), from any amounts made available under this title for
fiscal year 2005 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a grant, in the
amount determined under subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2005 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify under
clause (i) in fiscal year 2005 do not have the number of cases
of acquired immunodeficiency syndrome (AIDS) required under such
clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2005, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount allocated
for fiscal year 2005 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New York,
on behalf of the New York-Wayne-White Plains, New York-New Jersey
Metropolitan Division (hereafter ``metropolitan division'') of the New
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of
[[Page 118 STAT. 3316]]
Housing and Urban Development by: (1) allocating to the City of Jersey
City, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
Hudson County, New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in New Jersey
also has a higher than average per capita incidence of AIDS; and (2)
allocating to the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan area or
division that is located in Bergen County and Passaic County, New
Jersey, and adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The recipient cities shall use
amounts allocated under this subsection to carry out eligible activities
under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)
in their respective portions of the metropolitan division that is
located in New Jersey.
Sec. 204. (a) During fiscal year 2005, in the provision of rental
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
economy and effectiveness of providing such assistance for use in
assisted living facilities that is carried out in the counties of the
State of Michigan specified in subsection (b) of this section,
notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), a
family residing in an assisted living facility in any such county, on
behalf of which a public housing agency provides assistance pursuant to
section 8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount exceeding
40 percent of the monthly adjusted income of the family by such a
percentage or amount as the Secretary of Housing and Urban Development
determines to be appropriate.
(b) The counties specified in this subsection are Oakland County,
Macomb County, Wayne County, and Washtenaw County, in the State of
Michigan.
Sec. 205. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989.
Sec. 206. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1831).
Sec. 207. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
[[Page 118 STAT. 3317]]
Sec. 208. Corporations and agencies of the Department of Housing and
Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance with law,
and to make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be necessary
in carrying out the programs set forth in the budget for 2005 for such
corporation or agency except as hereinafter provided: Provided, That
collections of these corporations and agencies may be used for new loan
or mortgage purchase commitments only to the extent expressly provided
for in this Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts), except
that this proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 209. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each program, project or activity as part of
the Budget Justifications. <<NOTE: Deadline.>> For fiscal year 2005, HUD
shall transmit this information to the Committees by March 15, 2005 for
30 days of review.
Sec. 210. <<NOTE: Reports. Deadlines.>> The Secretary of Housing and
Urban Development shall provide quarterly reports to the House and
Senate Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and activity
within the jurisdiction of the Department and shall submit additional,
updated budget information to these Committees upon request.
Sec. 211. Notwithstanding any other provision of law, in fiscal year
2005, in managing and disposing of any multifamily property that is
owned or held by the Secretary and is occupied primarily by elderly or
disabled families, the Secretary of Housing and Urban Development shall
maintain any rental assistance payments under section 8 of the United
States Housing Act of 1937 that are attached to any dwelling units in
the property. To the extent the Secretary determines that such a
multifamily property owned or held by the Secretary is not feasible for
continued rental assistance payments under such section 8, the Secretary
may, in consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or owners of
other existing housing properties or provide other rental assistance.
Sec. 212. <<NOTE: HIV/AIDS.>> (a) Notwithstanding any other
provision of law, the amount allocated for fiscal year 2005 under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)),
to the City of Wilmington, Delaware, on behalf of the Wilmington,
Delaware-Maryland-New Jersey Metropolitan Division (hereafter
``metropolitan division''), shall be adjusted by the Secretary of
Housing and Urban Development by allocating to the State of New Jersey
the proportion of the metropolitan division's amount that is based on
the number of cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey. The State of New Jersey shall
use amounts allocated to the State under this subsection to carry out
eligible activities under section 855 of the
[[Page 118 STAT. 3318]]
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development shall allocate to Wake County, North
Carolina, the amounts that otherwise would be allocated for fiscal year
2005 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)) to the City of Raleigh, North Carolina, on behalf of the
Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible activities
under section 855 of such Act (42 U.S.C. 12904) within such metropolitan
statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development
may adjust the allocation of the amounts that otherwise would be
allocated for fiscal year 2005 under section 854(c) of such Act, upon
the written request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan statistical area,
to designate the State or States in which the metropolitan statistical
area is located as the eligible grantee(s) of the allocation. In the
case that a metropolitan statistical area involves more than one State,
such amounts allocated to each State shall be in proportion to the
number of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated to a State
under this section shall be used to carry out eligible activities within
the portion of the metropolitan statistical area located in that State.
Sec. 213. <<NOTE: 12 USC 1701q-3.>> Notwithstanding any other
provision of law, for this fiscal year and every fiscal year thereafter,
funds appropriated for housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for supportive housing
for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, shall be available
for the cost of maintaining and disposing of such properties that are
acquired or otherwise become the responsibility of the Department.
Sec. 214. <<NOTE: Reports. Deadlines. 42 USC 1437 note.>> The
Secretary of Housing and Urban Development shall submit an annual report
no later than August 30, 2005 and annually thereafter to the House and
Senate Committees on Appropriations regarding the number of Federally
assisted units under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 215. The Department of Housing and Urban Development shall
submit the Department's fiscal year 2006 congressional budget
justifications to the Committees on Appropriations of the House of
Representatives and the Senate using the identical structure provided
under this Act and only in accordance with the direction specified in
the report accompanying this Act.
Sec. 216. That incremental voucher previously made available under
the heading ``Housing Certificate Fund'' for non-elderly disabled
families shall, to the extent practicable, continue to be provided to
non-elderly disabled families upon turnover.
Sec. 217. The installment contract between the Village of Hanna
City, Illinois and the General Services Administration is in the nature
of a purchase money mortgage which will be paid off at initial closing.
The Department of Housing and Urban Development shall accept the Village
of Hanna City, Illinois' holding
[[Page 118 STAT. 3319]]
of equitable title to this property as sufficient for the purposes of
the section 202 housing program.
Sec. 218. A public housing agency or such other entity that
administers Federal housing assistance in the States of Alaska, Iowa,
and Mississippi shall not be required to include a resident of public
housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under section
(2)(b) of such Act. Each public housing agency or other entity that
administers Federal housing assistance under section 8 in the States of
Alaska, Iowa and Mississippi shall establish an advisory board of not
less than 6 residents of public housing or recipients of section 8
assistance to provide advice and comment to the public housing agency or
other administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than quarterly.
Sec. 219. (a) Section 536(b)(1) of the National Housing Act (12
U.S.C. 1735f-14(b)(1)) is amended by adding the following new
subparagraph at the end:
``(J) Failure to perform a required physical
inspection of the mortgaged property.''.
(b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 1735f-
15(c)(1)(B)(ii)) is amended by inserting after ``rents,'' the following:
``other revenues, or contract rights,''.
(c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 1735f-
15(c)(1)(B)(x)) is amended to read as follows:
``(x) <<NOTE: Expiration date.>> Failure to
furnish the Secretary, by the expiration of the
90-day period beginning on the first day after the
completion of each fiscal year (unless the
Secretary has approved an extension of the 90-day
period in writing), with a complete annual
financial report, in accordance with requirements
prescribed by the Secretary, including
requirements that the report be--
``(I) based upon an examination of
the books and records of the mortgagor;
``(II) prepared and certified to by
an independent public accountant or a
certified public accountant (unless the
Secretary has waived this requirement in
writing); and
``(III) certified to by the
mortgagor or an authorized
representative of the mortgagor.
``The Secretary shall approve an extension where the mortgagor
demonstrates that failure to comply with this clause is due to events
beyond the control of the mortgagor.''.
Sec. 220. Section 421 of the Housing and Community Development Act
of 1987 (12 U.S.C. 1715z-4a) is amended--
(1) in subsection (a)(1)(A), by inserting after ``project''
the following: ``, nursing home, intermediate care facility,
board and care home, assisted living facility, or hospital'';
(2) in subsection (a)(1)(B), by inserting after ``is'' the
following: ``or, at the time of the violations, was'';
(3) in the second sentence of subsection(a)(1), by striking
``project'' and inserting ``property'';
(4) in subsection (a)(2) by striking ``which'' and all that
follows through ``any owner'' and inserting the following:
``that
[[Page 118 STAT. 3320]]
owns or operates a property, as identified in the regulatory
agreement, including but not limited to--
``(A) any stockholder holding 25 percent or more
interest of a corporation that owns that property;
``(B) any beneficial owner of the property under any
business or trust;
``(C) any officer, director, or partner of an entity
owning or controlling the property;
``(D) any nursing home lessee or operator;
``(E) any hospital lessee or operator;
``(F) any other person or entity that controls the
property regardless of that person or entity's official
relationship to the property; and
``(G) any heir, assignee, successor in interest, or
agent of any person or entity described in the preceding
subparagraphs'';
(5) in subsection (c), by striking ``project'' the first two
places it appears and inserting ``property''; and
(6) in subsection (d), by striking ``project'' and inserting
``a property's''.
Sec. 221. Section 204(h) of the National Housing Act (12 U.S.C.
1710(h)) is amended--
(1) in paragraph (2)--
(A) by striking ``following assets of the
Secretary'' and inserting ``following categories of
assets of the Secretary, unless the Secretary determines
at any time that the asset property is economically or
otherwise infeasible to rehabilitate or that the best
use of the asset property is as open space (including
park land)'';
(B) in subparagraph (B)(ii), by inserting after
``Act'' the following: ``except for mortgages insured
under or made pursuant to sections 235, 247, or 255'';
and
(C) by striking subparagraph (C);
(2) in the second sentence of paragraph (3), by inserting
after ``government'' the following: ``, States, and Indian
tribes'';
(3) in paragraph (4)--
(A) in subparagraph (A)(i), by inserting after
``government'' the following: ``, State, or Indian
tribe'';
(B) by revising subparagraph (B)(ii) to read as
follows:
``(ii) purchases all assets of the Secretary
in the category or categories of eligible assets
set forth in the sale agreement required under
paragraph (7) that, at any time during the period
which shall be set forth in the sale agreement--
``(I) are or become eligible for
purchase under this subsection; and
``(II) are located in the asset
control area of the purchaser; and'';
and
(C) in subparagraph (C), by striking ``purchase of
eligible assets under'' and inserting ``purchase of the
category or categories of eligible assets set forth in
the sale agreement under'';
(4) in paragraph (6)--
(A) by revising subparagraph (C) to read as follows:
``(C) Discounts.--The Secretary, in the sole
discretion of the Secretary, shall establish the
discount under this
[[Page 118 STAT. 3321]]
paragraph for an eligible asset. In determining the
discount, the Secretary may consider the condition of
the asset property, the extent of resources available to
the preferred purchaser, the comprehensive
revitalization plan undertaken by such purchaser, the
financial safety and soundness of the Mutual Mortgage
Insurance Fund, and any other circumstances the
Secretary considers appropriate''; and
(B) by striking subparagraph (D);
(5) in paragraph (7)(A), by striking ``eligible assets to be
purchased and the interests sold'' and inserting ``category or
categories of eligible assets to be purchased and, based on the
purchaser's capacity to manage and dispose of assets, the
maximum number of assets owned by the Secretary at the time the
sale agreement is executed that shall be sold to the
purchaser''; and
(6) in paragraph (8)--
(A) in subparagraph (F), by inserting after
``State'' the following: ``, and any agency or
instrumentality thereof that is established pursuant to
legislation and designated by the chief executive
officer to act on behalf of the jurisdiction with regard
to the provisions of this subsection''; and
(B) by adding the following new subparagraphs at the
end:
``(G) State.--The term `State' means any State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, or any
agency or instrumentality thereof that is established
pursuant to legislation and designated by the chief
executive officer to act on behalf of the State with
regard to provisions of this subjection.
``(H) Indian tribe.--The term `Indian tribe' has the
same meaning as in section 248(i)(I) of this Act.''.
Sec. 222. Section 203(c) of the National Housing Act (12 U.S.C.
1709(c)), as amended, is further amended in paragraph (1) by striking
``subsections (n) and (k)'' and inserting ``subsection (n)'' and
striking ``or (k)''.
Sec. 223. Section 203(c)(2)(A) of the National Housing Act (12
U.S.C. 1709(c)(2)(A)) is amended in the last sentence after
``subparagraph'' by inserting the following: ``, provided that the
mortgagor refinances the unpaid principal obligation under title II of
this Act''. <<NOTE: Applicability. 12 USC 1709 note.>> This provision
shall apply to loans that become insured on or after date of enactment
of this Act.
Sec. 224. The portion of any athletic scholarship assistance that is
available for housing costs shall be considered adjusted income for
purposes of section 3(b)(5) of the United States Housing Act of
1937. <<NOTE: Notice. Requirements.>> The Secretary of Housing and Urban
Development shall by notice establish criteria under which persons who
receive athletic scholarship assistance may be denied housing assistance
under the United States Housing Act of 1937.
Sec. 225. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this Act
shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2004.
[[Page 118 STAT. 3322]]
TITLE III--INDEPENDENT AGENCIES
American Battle Monuments Commission
Salaries and Expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; not to exceed $7,500 for official
reception and representation expenses; and insurance of official motor
vehicles in foreign countries, when required by law of such countries,
$41,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, $12,000,000, to remain available until
expended, for purposes authorized by 36 U.S.C. 2109.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire of
passenger vehicles, uniforms or allowances therefore, as authorized by 5
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$9,100,000: Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior Executive
Service positions: Provided further, That notwithstanding any other
provision of law, <<NOTE: 5 USC app. 8G note.>> the individual appointed
to the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of the
Board shall utilize personnel of the Office of Inspector General of EPA
in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
emergency fund
For necessary expenses of the Chemical Safety and Hazard
Investigation Board for accident investigations not otherwise provided
for, $400,000, to remain available until expended.
[[Page 118 STAT. 3323]]
Department of the Treasury
Community Development Financial Institutions
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994, including services authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for ES-3, $55,522,000, to remain available until
September 30, 2006, of which $4,000,000 shall be for financial
assistance, technical assistance, training and outreach programs
designed to benefit Native American, Native Hawaiian, and Alaskan Native
communities and provided primarily through qualified community
development lender organizations with experience and expertise in
community development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and other
suitable providers, and up to $14,900,000 may be used for administrative
expenses, including administration of the New Markets Tax Credit, up to
$6,000,000 may be used for the cost of direct loans, and up to $250,000
may be used for administrative expenses to carry out the direct loan
program: Provided, That the cost of direct loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $11,000,000.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $62,650,000.
Corporation for National and Community Service
national and community service programs operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out programs,
activities, and initiatives under the National and Community Service Act
of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $545,884,000, to remain
available until September 30, 2006: Provided, That not more than
$290,000,000 of the amount provided under this heading shall be
available for grants under the National Service Trust Program authorized
under subtitle C of title I of the Act (42 U.S.C. 12571 et seq.)
(relating to activities of the AmeriCorps program), including grants to
organizations operating projects under the AmeriCorps Education Awards
Program (without
[[Page 118 STAT. 3324]]
regard to the requirements of sections 121(d) and (e), section 131(e),
section 132, and sections 140(a), (d), and (e) of the Act): Provided
further, That not less than $144,000,000 of the amount provided under
this heading, to remain available without fiscal year limitation, shall
be transferred to the National Service Trust for educational awards
authorized under subtitle D of title I of the Act (42 U.S.C. 12601), of
which up to $3,900,000 shall be available to support national service
scholarships for high school students performing community service, and
of which $13,000,000 shall be held in reserve as defined in Public Law
108-45: Provided further, That in addition to amounts otherwise provided
to the National Service Trust under the second proviso, the Corporation
may transfer funds from the amount provided under the first proviso, to
the National Service Trust authorized under subtitle D of title I of the
Act (42 U.S.C. 12601) upon determination that such transfer is necessary
to support the activities of national service participants and after
notice is transmitted to Congress: Provided further, That of the amount
provided under this heading for grants under the National Service Trust
program authorized under subtitle C of title I of the Act, not more than
$55,000,000 may be used to administer, reimburse, or support any
national service program authorized under section 121(d)(2) of such Act
(42 U.S.C. 12581(d)(2)): Provided further, That not more than
$13,334,000 shall be available for quality and innovation activities
authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et
seq.), of which $4,000,000 shall be available for challenge grants to
non-profit organizations: Provided further, That notwithstanding
subtitle H of title I of the Act (42 U.S.C. 12853), none of the funds
provided under the previous proviso shall be used to support salaries
and related expenses (including travel) attributable to Corporation
employees: Provided further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be provided in
a manner that is consistent with the recommendations of peer review
panels in order to ensure that priority is given to programs that
demonstrate quality, innovation, replicability, and sustainability:
Provided further, That $25,500,000 of the funds made available under
this heading shall be available for the Civilian Community Corps
authorized under subtitle E of title I of the Act (42 U.S.C. 12611 et
seq.): Provided further, That $43,000,000 shall be available for school-
based and community-based service-learning programs authorized under
subtitle B of title I of the Act (42 U.S.C. 12521 et seq.): Provided
further, That $3,550,000 shall be available for audits and other
evaluations authorized under section 179 of the Act (42 U.S.C. 12639):
Provided further, That $10,000,000 of the funds made available under
this heading shall be made available for the Points of Light Foundation
for activities authorized under title III of the Act (42 U.S.C. 12661 et
seq.), of which not more than $2,500,000 may be used to support an
endowment fund, the corpus of which shall remain intact and the interest
income from which shall be used to support activities described in title
III of the Act, provided that the Foundation may invest the corpus and
income in federally insured bank savings accounts or comparable interest
bearing accounts, certificates of deposit, money market funds, mutual
funds, obligations of the United States, and other market instruments
and securities but not in real estate investments: Provided further,
That no funds shall be available for national service programs run by
Federal
[[Page 118 STAT. 3325]]
agencies authorized under section 121(b) of such Act (42 U.S.C.
12571(b)): Provided further, That $4,500,000 of the funds made available
under this heading shall be made available to America's Promise--The
Alliance for Youth, Inc.: Provided further, That to the maximum extent
practicable, the Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the private sector,
and shall reduce the total Federal costs per participant in all
programs.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under section
501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.) including payment of salaries, authorized travel, hire of
passenger motor vehicles, the rental of conference rooms in the District
of Columbia, the employment of experts and consultants authorized under
5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $26,000,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $6,000,000,
to remain available until September 30, 2006.
administrative provisions
Notwithstanding any other provision of law, the term ``qualified
student loan'' with respect to national service education awards shall
mean any loan determined by an institution of higher education to be
necessary to cover a student's cost of attendance at such institution
and made, insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
Notwithstanding any other provision of law, funds made available
under section 129(d)(5)(B) of the National and Community Service Act to
assist entities in placing applicants who are individuals with
disabilities may be provided to any entity that receives a grant under
section 121 of the Act.
The Inspector General of the Corporation for National and Community
Service shall conduct random audits of the grantees that administer
activities under the AmeriCorps programs and shall levy sanctions in
accordance with standard Inspector General audit resolution procedures
which include, but are not limited to, debarment of any grantee (or
successor in interest or any entity with substantially the same person
or persons in control) that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps programs,
including any grantee that has been determined to have violated the
prohibition of using Federal funds to lobby the Congress: Provided, That
the Inspector General shall obtain reimbursements in the amount of any
misused funds from any grantee that has been determined to have
committed any substantial violations of the requirements of the
AmeriCorps programs.
For fiscal year 2005, the Corporation shall make any significant
changes to program requirements or policy only through public notice and
comment rulemaking. For fiscal year 2005, during any
[[Page 118 STAT. 3326]]
grant selection process, no officer or employee of the Corporation shall
knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than an
officer or employee of the Corporation that is authorized by the
Corporation to receive such information.
U.S. Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298,
$17,250,000, of which $1,100,000 shall be available for the purpose of
providing financial assistance as described, and in accordance with the
process and reporting procedures set forth, under this heading in Public
Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of one
passenger motor vehicle for replacement only, and not to exceed $1,000
for official reception and representation expenses, $29,600,000, to
remain available until expended.
Department of Health and Human Services
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended, and section 126(g) of the Superfund Amendments
and Reauthorization Act of 1986, $80,486,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
Solid Waste Disposal Act, as amended, $76,654,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities,
[[Page 118 STAT. 3327]]
including, without limitation, biomedical testing, clinical evaluations,
medical monitoring, and referral to accredited health care providers:
Provided further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of ATSDR shall
not be bound by the deadlines in section 104(i)(6)(A) of CERCLA:
Provided further, That none of the funds appropriated under this heading
shall be available for ATSDR to issue in excess of 40 toxicological
profiles pursuant to section 104(i) of CERCLA during fiscal year 2005,
and existing profiles may be updated as necessary.
Environmental Protection Agency
science and technology
(including transfer of funds)
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by
5 U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable for senior level positions
under 5 U.S.C. 5376; procurement of laboratory equipment and supplies;
other operating expenses in support of research and development;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project, $750,061,000, which shall
remain available until September 30, 2006: Provided, That of the amounts
made available under this heading $1,000,000 shall be transferred to the
Office of Environmental Quality Management fund.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or at
a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to exceed $9,000
for official reception and representation expenses, $2,313,409,000,
which shall remain available until September 30, 2006, including
administrative costs of the brownfields program under the Small Business
Liability Relief and Brownfields Revitalization Act of 2002.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation,
[[Page 118 STAT. 3328]]
and renovation of facilities, not to exceed $85,000 per project,
$38,000,000, to remain available until September 30, 2006.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $39,000,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,257,537,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund upon the date of enactment of
this Act as authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,257,537,000 as a payment
from general revenues to the Hazardous Substance Superfund for purposes
as authorized by section 517(b) of SARA, as amended: Provided, That
funds appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $13,000,000 shall be
transferred to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2006, and $36,097,000 shall be
transferred to the ``Science and technology'' appropriation to remain
available until September 30, 2006.
leaking underground storage tank program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by section 205 of the Superfund Amendments
and Reauthorization Act of 1986, and for construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $70,000,000, to remain available until expended.
oil spill response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$16,000,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,604,182,000, to remain available until expended,
of which $1,100,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''), of which up to
$50,000,000 shall be available for loans, including interest free loans
as authorized by 33 U.S.C.
[[Page 118 STAT. 3329]]
1383(d)(1)(A), to municipal, inter-municipal, interstate, or State
agencies or nonprofit entities for projects that provide treatment for
or that minimize sewage or stormwater discharges using one or more
approaches which include, but are not limited to, decentralized or
distributed stormwater controls, decentralized wastewater treatment,
low-impact development practices, conservation easements, stream
buffers, or wetlands restoration; $850,000,000 shall be for
capitalization grants for the Drinking Water State Revolving Funds under
section 1452 of the Safe Drinking Water Act, as amended, except that,
notwithstanding section 1452(n) of the Safe Drinking Water Act, as
amended, none of the funds made available under this heading in this
Act, or in previous appropriations Acts, shall be reserved by the
Administrator for health effects studies on drinking water contaminants;
$50,000,000 shall be for architectural, engineering, planning, design,
construction and related activities in connection with the construction
of high priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the appropriate
border commission; $45,000,000 shall be for grants to the State of
Alaska to address drinking water and waste infrastructure needs of rural
and Alaska Native Villages: Provided, That, of these funds: (1) the
State of Alaska shall provide a match of 25 percent; (2) no more than 5
percent of the funds may be used for administrative and overhead
expenses; and (3) not later than October 1, 2005 the State of Alaska
shall make awards consistent with the State-wide priority list
established in 2004 for all water, sewer, waste disposal, and similar
projects carried out by the State of Alaska that are funded under
section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301)
or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities; $4,000,000 shall be
for remediation of above ground leaking fuel tanks pursuant to Public
Law 106-554; $309,925,000 shall be for making grants for the
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the
terms and conditions specified for such grants in the joint explanatory
statement of the managers accompanying this Act, and, for purposes of
these grants, each grantee shall contribute not less than 45 percent of
the cost of the project unless the grantee is approved for a waiver by
the Agency; $90,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including grants, interagency agreements, and
associated program support costs; $7,500,000 for a cost-shared grant
program to school districts for necessary upgrades of their diesel bus
fleets; and $1,145,757,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention, control
and abatement and related activities, including activities pursuant to
the provisions set forth under this heading in Public Law 104-134, and
for making grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities of which and subject to
terms and conditions specified by the Administrator, of which
$50,000,000 shall be for carrying out section 128 of CERCLA, as amended,
and $19,500,000 shall be for Environmental Information Exchange Network
grants,
[[Page 118 STAT. 3330]]
including associated program support costs, and $18,000,000 shall be for
making competitive targeted watershed grants: Provided
further, <<NOTE: 42 USC 300j-12 note.>> That for fiscal year 2005, State
authority under section 302(a) of Public Law 104-182 shall remain in
effect: Provided further, That notwithstanding section 603(d)(7) of the
Act, the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the fund shall
not apply to amounts included as principal in loans made by such fund in
fiscal year 2005 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately from
other assets in the fund, and used for eligible purposes of the fund,
including administration: <<NOTE: 33 USC 1377 note.>> Provided further,
That for fiscal year 2005, and notwithstanding section 518(f) of the
Act, the Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of that Act to make grants to Indian
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided
further, That for fiscal year 2005, notwithstanding the limitation on
amounts in section 518(c) of the Act, up to a total of 1\1/2\ percent of
the funds appropriated for State Revolving Funds under title VI of that
Act may be reserved by the Administrator for grants under section 518(c)
of such Act: Provided further, That no funds provided by this
legislation to address the water, wastewater and other critical
infrastructure needs of the colonias in the United States along the
United States-Mexico border shall be made available to a county or
municipal government unless that government has established an
enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure: Provided further,
That the referenced statement of the managers under this heading in
Public Law 108-7, in reference to item number 471, is deemed to be
amended by striking everything after ``for'' and inserting the
following: ``for water infrastructure improvements'': Provided further,
That the referenced statement of the managers under this heading in
Public Law 108-199, in reference to item number 22, is deemed to be
amended by striking everything after ``22.'' and inserting the
following: ``$200,000 to Jackson County, Alabama, for water system
improvements and $200,000 to the City of Muscle Shoals, Alabama, for
water and sewer infrastructure improvements'': Provided further, That
the referenced statement of the managers under this heading in Public
Law 108-199, in reference to item number 158, is deemed to be amended by
inserting ``water and'' after ``for'': Provided further, That the
referenced statement of the managers under this heading in Public Law
107-73 is deemed to be amended by striking ``Southeast'' in reference to
item 9 and inserting ``Southwest'': Provided further, That the
referenced statement of the managers under this heading in Public Law
107-73, in reference to item number 103, is deemed to be amended by
striking everything after the word ``for'', and adding, ``the City of
Chicago, Illinois for water infrastructure improvements at the Thomas
Jefferson and Lakeview Pumping Stations'': Provided further, That the
referenced statement of the managers under this heading in Public Law
108-199, in reference to item number 484, is deemed to be amended by
striking ``City of Norfolk'' and inserting
[[Page 118 STAT. 3331]]
``Portsmouth Virginia'': Provided further, That the referenced statement
of the managers under this heading in Public Law 108-199, in reference
to item number 283, is deemed to be amended by striking ``City of
Kalispell, Montana'' and inserting ``Flathead County Water and Sewer
District No. 1--Evergreen'': Provided further, That the referenced
statement of managers under this heading in Public Law 108-7, in
reference to item number 139, is deemed to be amended by striking
``State of Hawaii Health Department'' and inserting ``County of
Hawaii'': Provided further, That the referenced statement of managers
under this heading in Public Law 108-199, in reference to item number
148, is deemed to be amended by striking everything after the word
``for'' and inserting ``the replacement of cesspools in Hawaii, $250,000
to the City and County of Honolulu for Varona Village, $500,000 to the
County of Hawaii and the remainder to the Housing and Community
Development Corporation of Hawaii;'': Provided further, That the
referenced statement of the managers under this heading in Public Law
108-199, in reference to item number 388, is deemed to be amended by
striking everything after the word ``for'' and inserting ``the Southeast
Water Treatment Plant in Lawton, Oklahoma for water and wastewater
infrastructure improvements;'': Provided further, That the referenced
statement of the managers under this heading in Public Law 106-377, in
reference to item number 46, is deemed to be amended by striking ``to
construct pump stations, force mains, storage lagoons and spray
irrigation facility'', and inserting ``for wastewater treatment
improvements'': Provided further, That the referenced statement of the
managers under this heading in Public Law 108-199, in reference to item
number 409, is deemed to be amended by striking ``City of'' and
``Pennsylvania'': Provided further, That the referenced statement of the
managers under this heading in Public Law 108-199, in reference to item
number 265, is deemed to be amended by striking ``Franklin County'', and
inserting ``Okhissa Lake Sewer District'': Provided further, That the
referenced statement of the managers under this heading in Public Law
108-199, in reference to item number 322, is deemed to be amended by
inserting ``and water'' after ``wastewater'': Provided further, That the
referenced statement of the managers under this heading in Public Law
108-199, in reference to item number 173, is deemed to be amended by
inserting ``planning, design and'' prior to ``construction'': Provided
further, notwithstanding any other provision of law, the Environmental
Protection Agency and the New York State Department of Environmental
Conservation are authorized to award a $2,000,000 grant to the Town of
Wheatfield, Niagara County, New York for the construction of sanitary
collector sewers from funds realloted to the State of New York under
title II of the Clean Water Act: Provided further, That the referenced
statement of the managers under this heading in Public Law 108-199, in
reference to item number 184, is deemed to be amended by striking ``be
divided equally between'' and by striking ``and'' and inserting in place
of ``and'', ``or''.
Administrative Provisions
For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative
[[Page 118 STAT. 3332]]
agreements to federally-recognized Indian Tribes or Intertribal
consortia, if authorized by their member Tribes, to assist the
Administrator in implementing Federal environmental programs for Indian
Tribes required or authorized by law, except that no such cooperative
agreements may be awarded from funds designated for State financial
assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide, and
Rodenticide Act (as added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003), as amended.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for
fiscal year 2005 may be used to award grants or loans under section
104(k) of CERCLA to eligible entities that satisfy all of the elements
set forth in CERCLA section 101(40) to qualify as a bona fide
prospective purchaser except that the date of acquisition of the
property was prior to the date of enactment of the Small Business
Liability Relief and Brownfield Revitalization Act of 2001.
The <<NOTE: 33 USC 1268 note.>> Administrator may hereafter receive
and use funds contributed by a non-Federal sponsor as its share of the
cost of a project to carry out a project under paragraph (c)(12) of
section 118 of the Federal Water Pollution Control Act, as amended.
Executive Office of the President
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception
and representation expenses, and rental of conference rooms in the
District of Columbia, $6,379,000.
Council on Environmental Quality and Office of Environmental Quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception <<NOTE: 42 USC 4342 note.>> and
representation expenses, $3,284,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Federal Deposit Insurance Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $30,125,000, to be derived from the Bank Insurance
[[Page 118 STAT. 3333]]
Fund, the Savings Association Insurance Fund, and the FSLIC Resolution
Fund.
General Services Administration
federal citizen information center fund
For necessary expenses of the Federal Citizen Information Center,
including services authorized by 5 U.S.C. 3109, $14,907,000, to be
deposited into the Federal Citizen Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to exceed
$27,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2005 in excess of such amount shall remain in
the Fund and shall not be available for expenditure except as authorized
in appropriations Acts.
United States Interagency Council on Homelessness
OPERATING EXPENSES
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $1,500,000.
National Aeronautics and Space Administration
Science, Aeronautics And Exploration
(including transfer of funds)
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and exploration research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control and
communications activities including operations, production, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $7,742,550,000, to remain available until
September 30, 2006, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards; facility and
related costs; information technology services; science, engineering,
fabricating and testing services; and other administrative services may
be transferred to ``Exploration
[[Page 118 STAT. 3334]]
capabilities'' in accordance with section 312(b) of the National
Aeronautics and Space Act of 1958, as amended by Public Law 106-377.
Exploration Capabilities
(including transfer of funds)
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration capabilities research and development
activities, including research, development, operations, support and
services; maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control and communications
activities including operations, production, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $8,425,850,000, to remain available until
September 30, 2006, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards; facility and
related costs; information technology services; science, engineering,
fabricating and testing services; and other administrative services may
be transferred to ``Science, aeronautics and exploration'' in accordance
with section 312(b) of the National Aeronautics and Space Act of 1958,
as amended by Public Law 106-377.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $31,600,000.
Administrative Provisions
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or
``Exploration capabilities'' by this appropriations Act, when any
activity has been initiated by the incurrence of obligations for
construction of facilities or environmental compliance and restoration
activities as authorized by law, such amount available for such activity
shall remain available until expended. This provision does not apply to
the amounts appropriated for institutional minor revitalization and
construction of facilities, and institutional facility planning and
design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or
``Exploration capabilities'' by this appropriations Act, the amounts
appropriated for construction of facilities shall remain available until
September 30, 2007.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the appropriation
[[Page 118 STAT. 3335]]
that provides such activity under this Act. Balances so transferred may
be merged with funds in the newly established account and thereafter may
be accounted for as one fund under the same terms and conditions but
shall remain available for the same period of time as originally
appropriated.
From amounts made available in this Act for these activities,
subject to the operating plan procedures of the House and Senate
Committees on Appropriations, the Administrator may transfer amounts
between the ``Science, aeronautics, and exploration'' account and the
``Exploration capabilities'' account.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn. Funding shall not be made available for
Centennial Challenges unless authorized.
Funding made available under the headings ``Exploration
capabilities'' and ``Science, aeronautics, and exploration'' in this Act
shall be governed by the terms and conditions specified in the statement
of managers except to the extent changes are made in accordance with the
operating plan procedures of the House and Senate Committees on
Appropriations.
National Credit Union Administration
Central Liquidity Facility
During fiscal year 2005, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility in fiscal year 2005 shall not exceed $310,000.
Community Development Revolving Loan Fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822, and 9910, $1,000,000 shall be
available: Provided, That of this amount $200,000, together with amounts
of principal and interest on loans repaid, is available until expended
for loans to community development credit unions, and $800,000 is
available until September 30, 2006, for technical assistance to low-
income and community development credit unions.
National Science Foundation
Research and Related Activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; $4,254,593,000, of which not to exceed $350,000,000 shall
remain available until expended for Polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program; the balance to remain available until
September 30, 2006: Provided, That receipts for scientific support
services and materials furnished by the National Research Centers and
other National Science
[[Page 118 STAT. 3336]]
Foundation supported research facilities may be credited to this
appropriation: Provided further, That to the extent that the amount
appropriated is less than the total amount authorized to be appropriated
for included program activities, all amounts, including floors and
ceilings, specified in the authorizing Act for those program activities
or their subactivities shall be reduced proportionally: Provided
further, That $95,000,000 of the funds available under this heading
shall be made available for a comprehensive research initiative on plant
genomes for economically significant crops: Provided further, That, not
to exceed $25,954,000 of these funds shall be for all costs, direct and
indirect, associated with personnel assignments under the
Intergovernmental Personnel Act.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended, including authorized travel,
$175,050,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, and rental of
conference rooms in the District of Columbia, $848,207,000, to remain
available until September 30, 2006: Provided, That to the extent that
the amount of this appropriation is less than the total amount
authorized to be appropriated for included program activities, all
amounts, including floors and ceilings, specified in the authorizing Act
for those program activities or their subactivities shall be reduced
proportionally: Provided further, That not to exceed $5,500,000 of these
funds shall be for all costs, direct and indirect, associated with
personnel assignments under the Intergovernmental Personnel Act.
salaries and expenses
For salaries and expenses necessary in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
not to exceed $9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for security guard
services; $225,000,000: Provided, That contracts may be entered into
under ``Salaries and expenses'' in fiscal year 2005 for maintenance and
operation of facilities, and for other services, to be provided during
the next fiscal year.
office of the NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code)
[[Page 118 STAT. 3337]]
involved in carrying out section 4 of the National Science Foundation
Act of 1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et
seq.), $4,000,000: Provided, That not more than $9,000 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$10,110,000, to remain available until September 30, 2006.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $115,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$26,300,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary in the
interest of national defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection with the
induction of any person into the Armed Forces of the United States.
White House Commission on the National Moment of Remembrance
For necessary expenses of the White House Commission on the National
Moment of Remembrance, $250,000.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee of
the United States unless--
(A) such certification is accompanied by, or is part
of, a voucher or abstract which describes the payee or
payees and the items or services for which such
expenditure is being made; or
[[Page 118 STAT. 3338]]
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract,
is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Officer or is specifically exempt by law from
such audit.
Sec. 403. None of the funds provided in this Act to any department
or agency may be obligated or expended for: (1) the transportation of
any officer or employee of such department or agency between the
domicile and the place of employment of the officer or employee, with
the exception of an officer or employee authorized such transportation
under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency.
Sec. 404. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share in
the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest of
the grantee or contractor and the Government in the research.
Sec. 405. None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the rate
paid for level IV of the Executive Schedule, unless specifically
authorized by law.
Sec. 406. None of the funds provided in this Act may be used to pay
the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing herein
affects the authority of the Consumer Product Safety Commission pursuant
to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et
seq.).
Sec. 407. Except as otherwise provided under existing law, or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts which
are: (1) a matter of public record and available for public inspection;
and (2) thereafter included in a publicly available list of all
contracts entered into within 24 months prior to the date on which the
list is made available to the public and of all contracts on which
performance has not been completed by such date. The list required by
the preceding sentence shall be updated quarterly and shall include a
narrative description of the work to be performed under each such
contract.
Sec. 408. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 409. Such sums as may be necessary for fiscal year 2005 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 410. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds made
available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act,
[[Page 118 STAT. 3339]]
the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made in
subsection (a) by Congress.
Sec. 411. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 412. Except in the case of entities that are funded solely with
Federal funds or any natural persons that are funded under this Act,
none of the funds in this Act shall be used for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties to lobby or litigate in respect to
adjudicatory proceedings funded in this Act. A chief executive officer
of any entity receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized
under existing law.
Sec. 413. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 414. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 415. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 416. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per
gallon average of less than 22 miles per gallon.
Sec. 417. Section 313 of the National Aeronautics and Space Act of
1958, <<NOTE: 42 USC 2459f.>> as amended, is further amended in
subsection (a)--
(1) by striking ``2004'' and inserting ``2005''; and
(2) by striking ``Space flight capabilities'' and inserting
``Exploration capabilities''.
Sec. 418. None of the funds made available in this Act may be used
to implement any policy prohibiting the Directors of the Veterans
Integrated Service Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 419. It is the sense of Congress that no veteran should wait
more than 30 days for an initial doctor's appointment.
Sec. 420. None of the funds made available to NASA in this Act may
be used for voluntary separation incentive payments as provided for in
subchapter II of chapter 35 of title 5, United States Code, unless the
Administrator of NASA has first certified to Congress that such payments
would not result in the loss of skills
[[Page 118 STAT. 3340]]
related to the safety of the Space Shuttle or the International Space
Station or to the conduct of independent safety oversight in the
National Aeronautics and Space Administration.
Sec. 421. (a) Treatment of Pioneer Homes in Alaska as State Home for
Veterans.--For this fiscal year and each fiscal year hereafter, the
Secretary of Veterans Affairs may--
(1) treat the Pioneer Homes in the State of Alaska
collectively as a single State home for veterans for purposes of
section 1741 of title 38, United States Code; and
(2) make per diem payments to the State of Alaska for care
provided to veterans in the Pioneer Homes in accordance with the
provisions of that section.
(b) Treatment Notwithstanding Non-Veteran Residency.--The Secretary
may treat the Pioneer Homes as a State home under subsection (a)
notwithstanding the residency of non-veterans in one or more of the
Pioneer Homes.
(c) Pioneer Homes Defined.--In this section, the term ``Pioneer
Homes'' means the six regional homes in the State of Alaska known as
Pioneer Homes, which are located in the following:
(1) Anchorage, Alaska.
(2) Fairbanks, Alaska.
(3) Juneau, Alaska.
(4) Ketchikan, Alaska.
(5) Palmer, Alaska.
(6) Sitka, Alaska.
(d) Limitation.--The number of beds occupied by veterans
collectively in the six Pioneer Homes listed under subsection (c) for
which per diem would be paid under this authority shall not exceed the
number of veterans in State beds that otherwise would be permitted in
Alaska under the Department of Veterans Affairs State home regulations
governing the number of beds per veteran population.
Sec. 422. Of the amounts available to the National Aeronautics and
Space Administration, such sums as may be necessary for the benefit of
the families of the astronauts who died on board the Space Shuttle
Columbia on February 1, 2003, are available under the terms of section
203(c)(13) of the National Aeronautics and Space Act of 1958, as
amended, independent of the limitations established therein.
Sec. 423. Section 428 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2004 <<NOTE: 118 Stat. 418.>> is amended--
(1) in subsection (c), by inserting ``new'' before ``spark
ignition engines''; and
(2) in subsection (d), by striking ``The prohibition in
subsection (e)'' and inserting ``The prohibition in subsection
(c)''.
Sec. 424. In addition to the amounts otherwise provided in this or
any other Act for fiscal year 2005, for ``Department of Housing and
Urban Development, Community Development Fund'', $31,000,000 to remain
available until expended for a grant to The Hudson River Park Trust for
planning, design and reconstruction of Pier 86 in New York City.
Sec. 425. From within funds available to the Secretary of Veterans
Affairs, $200,000 shall be made available until expended to Eric and
Brian Simon of Minneapolis, Minnesota, to be divided evenly between the
individuals.
[[Page 118 STAT. 3341]]
Sec. 426. (a) Waiver of Requirements.--Subject to subsection (b),
the limitation on the release of funds in section 104(g)(2) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5304) shall not
apply to the Village of Chickasaw Sewer Collection and Treatment System,
located in the Village of Chickasaw, Mercer County, Ohio.
(b) Applicability.--Subsection (a) only applies to the grant that
was awarded to the Village of Chickasaw (Ohio Small Cities CDBG Grant #
C-W-03-283-1), for the period beginning September 1, 2003, and ending
October 31, 2005, and in the amount of $600,000.
(c) Environmental Reviews.--Notwithstanding the provisions of this
section, the Village of Chickasaw must complete all appropriate
environment reviews in a timely manner and to the satisfaction of the
State of Ohio.
This division may be cited as the ``Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2005''.
DIVISION J--OTHER MATTERS
TITLE I--MISCELLANEOUS <<NOTE: Miscellaneous Appropriations and Offsets
Act, 2005.>> PROVISIONS AND OFFSETS
Sec. 101. For an additional amount for the Department of Energy for
the weatherization assistance program pursuant to 42 U.S.C. 6861 et seq.
and notwithstanding section 3003(d)(2) of Public Law 99-509,
$230,000,000, to remain available until expended.
Sec. 102. Section 1201(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-
375) <<NOTE: Ante, p. 2077.>> is amended by striking ``$300,000,000'' in
the matter preceding paragraph (1) and inserting ``$500,000,000''.
Sec. 103. (a) The District of Columbia Appropriations Act, 2005
(Public Law 108-335) is amended as follows:
(1) The paragraph under the heading <<NOTE: Ante, p.
1338.>> ``Capital Outlay'' is amended by striking ``For
construction projects, an increase of $1,087,649,000, of which
$839,898,000 shall be from local funds, $38,542,000 from Highway
Trust funds, $37,000,000 from the Rights-of-way funds,
$172,209,000 from Federal grant funds, and a rescission of
$361,763,000 from local funds appropriated under this heading in
prior fiscal years, for a net amount of $725,886,000, to remain
available until expended;'' and inserting ``For construction
projects, an increase of $1,102,039,000, of which $839,898,000
shall be from local funds, $38,542,000 from Highway Trust funds,
$51,390,000 from the Rights-of-way funds, $172,209,000 from
Federal grant funds, and a rescission of $361,763,000 from local
funds appropriated under this heading in prior fiscal years, for
a net amount of $740,276,000, to remain available until
expended;''.
(2) Section 340(a) <<NOTE: Ante, p. 1348.>> is amended to
read as follows:
``(a) Section 603(e)(3)(E) of the Student Loan Marketing Association
Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(E)) is amended--
``(1) by striking `and' at the end of subclause (II);
``(2) by striking the period at the end of subclause (III)
and inserting `; and'; and
``(3) by adding at the end the following new subclause:
[[Page 118 STAT. 3342]]
`` `(IV) obtaining lease guarantees
(in accordance with regulations
promulgated by the Office of Public
Charter School Financing).'.''.
(3) Section 342 <<NOTE: Ante, p. 1348.>> is amended to read
as follows:
``Sec. 342. Public School Services to Charter Schools. Section
2209(b) of the District of Columbia School Reform Act of 1995 (sec. 38-
1802.09(b), D.C. Official Code) is amended as follows:
``(1) In paragraph (1)--
``(A) by amending subparagraph (A) to read as
follows:
`` `(A) In general.--Notwithstanding any other
provision of law, regulation, or order relating to the
disposition of a facility or property described in
subparagraph (B), the Mayor and the District of Columbia
government shall give a right of first offer with
respect to any facility or property described in
subparagraph (B) not previously purchased, leased, or
transferred, or under contract to be purchased, leased,
or transferred, or the subject of a previously proposed
resolution submitted by the Mayor on or before December
1, 2004, to the Council of the District of Columbia
seeking authority for disposition of such facility or
property, or under an Exclusive Rights Agreement
executed on or before December 1, 2004, to an eligible
applicant whose petition to establish a public charter
school has been conditionally approved under section
2203(d)(2), or a Board of Trustees, with respect to the
purchase, lease, transfer, or use of a facility or
property described in subparagraph (B).';
``(B) by amending subparagraph (B)(iii) to read as
follows:
`` `(iii) with respect to which--
`` `(I) the Board of Education has
transferred jurisdiction to the Mayor
and over which the Mayor has
jurisdiction on the effective date of
this subclause; or
`` `(II) over which the Mayor or any
successor agency gains jurisdiction
after the effective date of this
subclause.'; and
``(C) by adding at the end the following new
subparagraph:
`` `(C) Terms of purchase or lease.--The terms of
purchase or lease of a facility or property described in
subparagraph (B) shall--
`` `(i) be negotiated by the Mayor in
accordance with written rules or regulations as
determined by the Mayor, and published in the
District of Columbia Register;
`` `(ii) include rent or an acquisition price,
as applicable, that is at the appraised value of
the property based on use of the property for
school purposes; and
`` `(iii) include a lease period, if the
property is to be leased, of not less than 25
years, and renewable for additional 25-year
periods as long as the eligible applicant or Board
of Trustees maintains its charter.'.
``(2) In paragraph (2)(A), by striking `first preference'
and inserting `a right of first offer'.
[[Page 118 STAT. 3343]]
``(3) By adding at the end the following new paragraph:
`` `(3) Conversion public charter schools.--Any District of
Columbia public school that was approved to become a conversion
public charter school under section 2201 before the effective
date of this subsection or is approved to become a conversion
public charter school after the effective date of this
subsection, shall have the right to exclusively occupy the
facilities the school occupied as a District of Columbia public
school under a lease for a period of not less than 25 years,
renewable for additional 25-year periods as long as the school
maintains its charter at the appraised value of the property
based on use of the property for school purposes.'.''.
(4) Section 347 <<NOTE: Ante, p. 1352.>> is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) by striking subsection (f) and inserting the
following:
`` `(f) Audit.--The Board shall maintain its accounts according to
Generally Accepted Accounting Principles. The Board shall provide for an
audit of the financial statements of the Board by an independent
certified public accountant in accordance with Government auditing
standards for financial audits issued by the Comptroller General. The
findings and recommendations of any such audit shall be forwarded to the
Mayor, the Council of the District of Columbia, and the Office of the
Chief Financial Officer of the District of Columbia.'; and
``(2) by adding at the end the following new subsection:
`` `(h) Contracting and Procurement.--The Board shall have the
authority to solicit, award, and execute contracts independently of the
Office of Contracting and Procurement and the Chief Procurement
Officer.'.''.
(b) <<NOTE: Effective date. 20 USC 1155 note.>> The amendments made
by this section shall take effect as if included in the enactment of the
District of Columbia Appropriations Act, 2005.
Sec. 104. The Secretary of the Department of Homeland Security shall
transfer up to $40,000,000 from funds appropriated to the Coast Guard's
``Acquisition, Construction, and Improvements'' account in fiscal year
2005 from the Rescue 21 project to the HH-65 re-engining project,
subject to 15-day advance notification to the House and Senate
Committees on Appropriations.
Sec. 105. Section 203(m) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act <<NOTE: 42 USC 5133.>> (42 U.S.C 5133(m))
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
Sec. 106. Notwithstanding the amounts in the detailed funding table
included in House Report 108-774, the appropriation for ``Transportation
Security Administration, Maritime and Land Security'' shall include the
following: ``Credentialing, $5,000,000; TWIC, $15,000,000; Hazardous
materials truck tracking, $2,000,000; Hazardous materials safety,
$17,000,000; Enterprise staffing, $24,000,000; Rail security,
$12,000,000; Offsetting collections, -$27,000,000''.
Sec. 107. The matter under the heading ``Military Construction, Navy
and Marine Corps'' in the Military Construction Appropriations Act, 2005
(division A of Public Law 108-324), <<NOTE: Ante, p. 1221.>> is amended
by striking ``$1,069,947,000'' and inserting ``$1,065,597,000'' and the
matter under the heading ``Military Construction, Naval Reserve'' in
such Act <<NOTE: Ante, p. 1222.>> is amended by striking ``$44,246,000''
and inserting ``$48,596,000''.
[[Page 118 STAT. 3344]]
Sec. 108. Notwithstanding any other provision of law, in addition to
amounts otherwise made available in the Department of Defense
Appropriations Act, 2005 (Public Law 108-287), an additional $2,000,000
is hereby appropriated and shall be made available under the heading
``Shipbuilding and Conversion, Navy'', only for the Secretary of the
Navy for the purpose of acquiring a vessel with the Coast Guard
registration number 225115: Provided, That the Secretary of the Navy
shall provide for the transportation of the vessel from its present
location: Provided further, That the Secretary of the Navy may lend,
give, or otherwise dispose of the vessel at his election pursuant to 10
U.S.C. 2572, 7545, or 7306, or using such procedures as the Secretary
deems appropriate, and to such recipient as the Secretary deems
appropriate, without regard to these provisions.
SEC. 109. DESIGNATION OF NATIONAL TREE.
(a) Designation.--Chapter 3 of title 36, United States Code, is
amended by adding at the end the following:
``Sec. 305. National tree
``The tree genus Quercus, commonly known as the oak tree, is the
national tree.''.
(b) Conforming Amendments.--Such title is amended--
(1) in the table of contents for part A of subtitle I, by
striking ``, and March'' and inserting ``March, and Tree'';
(2) in the chapter heading for chapter 3, by striking ``,
AND MARCH'' and inserting ``MARCH, AND TREE''; and
(3) in the table of sections for chapter 3, by adding at the
end the following:
``305. National tree.''.
Sec. 110. Section 204(g) of the Employee Retirement Income Security
Act of 1974, as amended (29 U.S.C. 1054(g)) shall not apply at any time,
whether before or after the enactment of this section, to an amendment
adopted prior to June 7, 2004, by a (multiemployer) pension plan
covering primarily employees working in the State of Alaska, to the
extent that such amendment--
(1) provides for the suspension of the payment of benefits,
modifies the conditions under which the payment of benefits is
suspended, or suspends actuarial adjustments in benefit payments
in accordance with section 203(a)(3)(B) of said Act (29 U.S.C.
1053(a)(3)(B)) and applicable regulations; and
(2) applies to participants who have not retired before the
adoption of such amendment.
Sec. 111. <<NOTE: Government employees. 36 USC 106 note.>> (a) The
head of each Federal agency or department shall--
(1) provide each new employee of the agency or department
with educational and training materials concerning the United
States Constitution as part of the orientation materials
provided to the new employee; and
(2) provide educational and training materials concerning
the United States Constitution to each employee of the agency or
department on September 17 of each year.
(b) Each educational institution that receives Federal funds for a
fiscal year shall hold an educational program on the United States
Constitution on September 17 of such year for the students served by the
educational institution.
(c) Title 36 of the United States Code, is amended--
[[Page 118 STAT. 3345]]
(1) in section 106--
(A) in the heading, by inserting ``Constitution Day
and'' before ``Citizenship Day'';
(B) in subsection (a), by striking ``is Citizenship
Day.'' and inserting ``is designated as Constitution Day
and Citizenship Day.'';
(C) in subsection (b)--
(i) by inserting ``Constitution Day and''
before ``Citizenship Day'';
(ii) by striking ``commemorates'' and
inserting ``commemorate''; and
(iii) by striking ``recognizes'' and inserting
``recognize'';
(D) in subsection (c), by inserting ``Constitution
Day and'' before ``Citizenship Day'' both places such
term appears; and
(E) in subsection (d), by inserting ``Constitution
Day and'' before ``Citizenship Day''; and
(2) in the item relating to section 106 of the table of
contents, by inserting ``Constitution Day and'' before
``Citizenship Day''.
(d) This section shall be without fiscal year limitation.
Sec. 112. <<NOTE: Applicability. Deadline.>> (a) Notwithstanding any
other provision of law or any contract: (1) the rates in effect on
November 15, 2004, under the tariff (the ``tariff'') required by FCC 94-
116 (reduced three percent annually starting January 1, 2006) shall
apply beginning 45 days after the date of enactment of this Act through
December 31, 2009, to the sale and purchase of interstate switched
wholesale service elements offered by any provider originating or
terminating anywhere in the area (the ``market'') described in section
4.7 of the tariff (collectively the ``covered services''); (2) beginning
April 1, 2005, through December 31, 2009, no provider of covered
services may provide, and no purchaser of such services may obtain,
covered services in the same contract with services other than those
that originate or terminate in the market, if the covered services in
the contract represent more than 5 percent of such contract's total
value; and (3) revenues collected hereunder (less costs) for calendar
years 2005 through 2009 shall be used to support and expand the network
in the market.
(b) <<NOTE: Effective date.>> Effective on the date of enactment of
this Act: (1) the conditions described in FCC 95-334 and the related
conditions imposed in FCC 94-116, FCC 95-427, and FCC 96-485; and (2)
all pending proceedings relating to the tariff, shall terminate.
Thereafter, the State regulatory commission with jurisdiction over the
market shall treat all interexchange carriers serving the market the
same with respect to the provision of intrastate services, with the goal
of reducing regulation, and shall not require such carriers to file
reports based on the Uniform System of Accounts.
(c) Any provider may file to enforce this section (including damages
and injunctive relief) before the FCC (whose final order may be appealed
under 47 U.S.C. 402(a)) or under 47 U.S.C. 207 if the FCC fails to issue
a final order within 90 days of a filing. Nothing herein shall affect
rate integration, carrier-of-last-resort obligations of any carrier or
its successor, or the purchase of covered services by any rural
telephone company (as defined in 47 U.S.C. 153(37)), or an affiliate
under its control, for its provision of retail interstate interexchange
services originating in the market.
[[Page 118 STAT. 3346]]
Sec. 113. Direct loans, credits, insurance and guarantees of the
Export-Import Bank or its agents may be made available for or in Libya,
notwithstanding section 507 or similar provisions in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2005, or prior acts making appropriations for foreign operations, export
financing, and related programs, if the President determines that to do
so is important to the national security interests of the United States.
Sec. 114. (a) Section 146 of Public Law 108-199 <<NOTE: Ante, p.
444.>> is amended--
(1) by striking ``section 386 of the Energy Policy Act of
2003'' and inserting ``section 116 of division C of Public Law
108-324'';
(2) by striking ``, except that upon that Act becoming law,
section 386 is amended through this Act:'' and inserting ``and
section 116 of division C of Public Law 108-324 is amended:'';
(3) by striking ``paragraph 386(b)(1)'' and inserting
``paragraph (b)(1) of section 116 of division C of Public Law
108-324'';
(4) by striking ``paragraph 386(c)(2)'' and inserting
``paragraph (a)(2) of section 116 of division C of Public Law
108-324''; and
(5) by striking ``paragraph 386(g)(4)'' and inserting
``paragraph (g)(4) of section 116 of division C of Public Law
108-324.
(b) Section 116 (b) of division C of Public Law 108-324, the
Military Construction bill, <<NOTE: Ante, p. 1226.>> is amended by
adding a new paragraph as follows:
``(4) Such loan guarantee may be utilized only by the
project chosen by the Federal Energy Regulatory Commission as
the qualified project.''.
Sec. 115. Any unobligated amount appropriated pursuant to section
353(b) of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-303), shall
be made available to complete the project described in section 353(a) of
that Act.
Sec. 116. (a) <<NOTE: California. 16 USC 431 note.>> Designation of
National Veterans Memorial.--The Mt. Soledad Veterans Memorial located
within the Soledad Natural Park in San Diego, California, which consists
of a 29 foot-tall cross and surrounding granite memorial walls
containing plaques engraved with the names and photographs of veterans
of the United States Armed Forces, is hereby designated as a national
memorial honoring veterans of the United States Armed Forces.
(b) <<NOTE: Deadline.>> Acquisition and Administration by United
States.--Not later than 90 days after the date on which the City of San
Diego, California, offers to donate the Mt. Soledad Veterans Memorial to
the United States, the Secretary of the Interior shall accept, on behalf
of the United States, all right, title, and interest of the City in and
to the Mt. Soledad Veterans Memorial.
(c) Administration of Memorial.--Upon acquisition of the Mt. Soledad
Veterans Memorial by the United States, the Secretary of the Interior
shall administer the Mt. Soledad Veterans Memorial as a unit of the
National Park System, except that the Secretary shall enter into a
memorandum of understanding with the Mt. Soledad Memorial Association
for the continued maintenance by the Association of the cross and
surrounding granite memorial walls and plaques of the Memorial.
[[Page 118 STAT. 3347]]
(d) Legal Description.--The Mt. Soledad Veterans Memorial referred
to in this section is all that portion of Pueblo lot 1265 of the Pueblo
Lands of San Diego in the City and County of San Diego, California,
according to the map thereof prepared by James Pascoe in 1879, a copy of
which was filed in the office of the County Recorder of San Diego County
on November 14, 1921, and is known as miscellaneous map NO. 36, more
particularly described as follows: The area bounded by the back of the
existing inner sidewalk on top of Mt. Soledad, being also a circle with
a radius of 84 feet, the center of which circle is located as follows:
Beginning at the Southwesterly corner of such Pueblo Lot 1265, such
corner being South 17 degrees 14'33'' East (Record South 17 degrees
14'09'' East) 607.21 feet distant along the westerly line of such Pueblo
lot 1265 from the intersection with the North line of La Jolla Scenic
Drive South as described and dedicated as parcel 2 of City Council
Resolution NO. 216644 adopted August 25, 1976; thence North 39 degrees
59'24'' East 1147.62 feet to the center of such circle. The exact
boundaries and legal description of the Mt. Soledad Veterans Memorial
shall be determined by a survey prepared jointly by the City of San
Diego and the Secretary of the Interior. Upon acquisition of the Mt.
Soledad Veterans Memorial by the United States, the boundaries of the
Memorial may not be expanded.
Sec. 117. Notwithstanding any other provision of law, except section
551 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005, $80,000,000 of the funds appropriated for the
Department of Defense for fiscal year 2005 may be transferred with the
concurrence of the Secretary of Defense to the Department of State under
``Peacekeeping Operations''.
Sec. 118. In addition, for construction and related expenses of a
facility for the United States Institute of Peace, $100,000,000, to
remain available until expended.
Sec. 119. Notwithstanding any other provision of law, in addition to
amounts otherwise provided in this or any other Act for fiscal year
2005, the following amounts are appropriated: $2,000,000 for the Helen
Keller National Center for Deaf-Blind Youths and Adults for activities
authorized under the Helen Keller National Center Act; and for the
Department of Health and Human Services, Health Resources and Services
Administration, $1,000,000 for the Hospital for Special Surgery to
establish a National Center for Musculoskeletal Research, New York, New
York, for facilities and equipment; and for the Department of Health and
Human Services, Health Resources and Services Administration, $1,000,000
for the Jesse Helms Nursing Center at Union Regional Medical Center,
Union County, North Carolina for facilities and equipment.
Sec. 120. In addition to any amounts provided in this or any other
Act for fiscal year 2005, $1,000,000 is appropriated for necessary
expenses of the Benjamin A. Gilman Institute for Political and
International Studies program at the State University of New York's
Orange County Community College in Orange, New York.
SEC. 121. WEIGHT LIMITATIONS.
The next to the last sentence of section 127(a) of title 23, United
States Code, is amended by striking ``Interstate Route 95'' and
inserting ``Interstate Routes 89, 93, and 95''.
[[Page 118 STAT. 3348]]
Sec. 122. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 0.80 percent of--
(1) the budget authority provided (or obligation limitation
imposed) for fiscal year 2005 for any discretionary account in
divisions A through J of this Act and in any other fiscal year
2005 appropriation Act (except any fiscal year 2005 supplemental
appropriation Act, the Department of Homeland Security
Appropriations Act, 2005, the Department of Defense
Appropriations Act, 2005, or the Military Construction
Appropriations Act, 2005);
(2) the budget authority provided in any advance
appropriation for fiscal year 2005 for any discretionary account
in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2005 for
any program subject to limitation contained in any division or
appropriation Act subject to paragraph (1).
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation Acts, as
delineated in the most recently submitted President's budget).
This title may be cited as the ``Miscellaneous Appropriations and
Offsets Act, 2005''.
TITLE II--225TH <<NOTE: 225th Anniversary of the American Revolution
Commemoration Act. 36 USC note prec. 101.>> ANNIVERSARY OF THE AMERICAN
REVOLUTION COMMEMORATION ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``225th Anniversary of the American
Revolution Commemoration Act''.
SEC. 202. <<NOTE: 36 USC note prec. 101.>> FINDINGS AND PURPOSES.
(a) FINDINGS.--Congress finds the following:
(1) The American Revolution, inspired by the spirit of
liberty and independence among the inhabitants of the original
13 colonies of Great Britain, was an event of global
significance having a profound and lasting effect upon American
Government, laws, culture, society, and values.
(2) The years 2000 through 2008 mark the 225th anniversary
of the Revolutionary War.
(3) Every generation of American citizens should have an
opportunity to understand and appreciate the continuing legacy
of the American Revolution.
(4) This 225th anniversary provides an opportunity to
enhance public awareness and understanding of the impact of the
American Revolution's legacy on the lives of citizens today.
(5) Although the National Park Service administers
battlefields, historical parks, historic sites, and programs
that address elements of the story of the American Revolution,
there is a need to establish partnerships that link sites and
programs
[[Page 118 STAT. 3349]]
administered by the National Park Service with those of other
Federal and non-Federal entities in order to place the story of
the American Revolution in the broad context of its causes,
consequences, and meanings.
(6) The story and significance of the American Revolution
can best engage the American people through a national program
of the National Park Service that links historic structures and
sites, routes, activities, community projects, exhibits, and
multimedia materials, in a manner that is both unified and
flexible.
(b) Purposes.--The purposes of this Act are as follows:
(1) To recognize the enduring importance of the American
Revolution in the lives of American citizens today.
(2) To authorize the National Park Service to coordinate,
connect, and facilitate Federal and non-Federal activities to
commemorate, honor, and interpret the history of the American
Revolution, its significance, and its relevance to the shape and
spirit of American Government and society.
SEC. 203. <<NOTE: 36 USC note prec. 101.>> 225TH ANNIVERSARY OF THE
AMERICAN REVOLUTION COMMEMORATION PROGRAM.
(a) In General.--The Secretary of the Interior (hereinafter in this
Act referred to as the ``Secretary'') shall establish a program to be
known as the ``225th Anniversary of the American Revolution
Commemoration'' (hereinafter in this Act referred to as the ``225th
Anniversary''). In administering the 225th Anniversary, the Secretary
shall--
(1) produce and disseminate to appropriate persons
educational materials, such as handbooks, maps, interpretive
guides, or electronic information related to the 225th
Anniversary and the American Revolution;
(2) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance under
subsection (c);
(3) assist in the protection of resources associated with
the American Revolution;
(4) enhance communications, connections, and collaboration
among the National Park Service units and programs related to
the Revolutionary War;
(5) expand the research base for American Revolution
interpretation and education; and
(6) <<NOTE: Regulations.>> create and adopt an official,
uniform symbol or device for the theme ``Lighting Freedom's
Flame: American Revolution, 225th Anniversary'' and issue
regulations for its use.
(b) Elements.--The 225th Anniversary shall encompass the following
elements:
(1) All units and programs of the National Park Service
determined by the Secretary to pertain to the American
Revolution.
(2) Other governmental and nongovernmental sites,
facilities, and programs of an educational, research, or
interpretive nature that are documented to be directly related
to the American Revolution.
(3) Through the Secretary of State, the participation of the
Governments of the United Kingdom, France, the Netherlands,
Spain, and Canada.
[[Page 118 STAT. 3350]]
(c) Cooperative Agreements and Memoranda of Understanding.--To
achieve the purposes of this Act and to ensure effective coordination of
the Federal and non-Federal elements of the 225th Anniversary with
National Park Service units and programs, the Secretary may enter into
cooperative agreements and memoranda of understanding with, and provide
technical assistance to, the following:
(1) The heads of other Federal agencies, States, units of
local government, and private entities.
(2) In cooperation with the Secretary of State, the
Governments of the United Kingdom, France, the Netherlands,
Spain, and Canada.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this Act $500,000 for each of
fiscal years 2004 through 2009.
TITLE III--RURAL <<NOTE: Rural Air Service Improvement Act of 2004. 39
USC 101 note.>> AIR SERVICE IMPROVEMENTS
Sec. 301. (a) Short Title.--This title may be cited as the ``Rural
Air Service Improvement Act of 2004''.
(b) Further Amendments.--The amendments made by this section are
further amendments to section 5402 of title 39, United States Code,
including the amendments made by section 3002 of the 2002 Supplemental
Appropriations Act for Further Recovery From and Response To Terrorist
Attacks on the United States (Public Law 107-206) to that section of
title 39, United States Code.
(c) Existing Mainline Carriers.--Section 5402(a)(10) of title 39,
United States Code, is amended by striking subparagraph (C) and
inserting the following:
``(C) actually engaged in the carriage, on scheduled
service within the State of Alaska, of mainline
nonpriority bypass mail tendered to it under its
designator code.''.
(d) Nonpriority Bypass Mail.--Section 5402(g) of title 39, United
States Code, is amended by striking the matter preceding paragraph (2)
and inserting the following:
``(g)(1)(A) The Postal Service, in selecting carriers of nonpriority
bypass mail to any point served by more than 1 carrier in the State of
Alaska, shall adhere to an equitable tender policy within a qualified
group of carriers, in accordance with the regulations of the Postal
Service, and shall, at a minimum, require that any such carrier--
``(i) hold a certificate of public convenience and necessity
issued under section 41102(a) of title 49;
``(ii) operate at least to such point at least the number of
scheduled flights each week established under subparagraph
(B)(i);
``(iii) exhibit an adherence to such scheduled flights; and
``(iv) have provided scheduled service with at least the
number of scheduled noncontract flights each week established
under subparagraph (B)(ii) between 2 points within the State of
Alaska for at least 12 consecutive months with aircraft--
``(I) up to 7,500 pounds payload capacity before
being selected as a carrier of nonpriority bypass mail
at an applicable intra-Alaska bush service mail rate;
and
[[Page 118 STAT. 3351]]
``(II) over 7,500 pounds payload capacity before
being selected as a carrier of nonpriority bypass mail
at the intra-Alaska mainline service mail rate.
``(B)(i) For purposes of subparagraph (A)(ii)--
``(I) for aircraft described under subparagraph (A)(iv)(I)
the number is 3; and
``(II) for aircraft described under subparagraph
(A)(iv)(II), the number is 2, except as may be provided under
subparagraph (C).
``(ii) For purposes of subparagraph (A)(iv)--
``(I) for aircraft described under subparagraph (A)(iv)(I),
the number is 3; and
``(II) for aircraft described under subparagraph
(A)(iv)(II), for any week in any month before the effective date
of the Rural Air Service Improvement Act of 2004, the number is
3, and after such date, the number is 2.
``(C) The Postal Service, after consultation with affected carriers,
may establish for service by aircraft described under subparagraph
(A)(iv)(II)--
``(i) a larger number of flights than required under
subparagraph (B)(i); or
``(ii) the days that service will operate.''.
(e) Subcontracts by Existing Mainline Carriers.--Section 5402(g)(4)
of title 39, United States Code, is amended by adding at the end the
following:
``(C) A providing carrier selected under subparagraph (A) may
subcontract the transportation of nonpriority bypass mail to another
existing mainline carrier when additional or substitute aircraft are
temporarily needed to meet the delivery schedule of the Postal Service
or the carrier's operating requirements. The providing carrier shall
remain responsible for the mail from origin through destination.''.
(f) Aircraft Preferences for Other Postal Products.--Section 5402(g)
of title 39, United States Code, is amended by adding at the end the
following:
``(7) Nothing in this section shall preclude the Postal Service from
establishing by regulation aircraft preferences for the dispatch of
postal products other than nonpriority bypass mail.''.
TITLE IV--VISA <<NOTE: L-1 Visa and H-1B Visa Reform Act. 8 USC 1101
note.>> REFORM
SEC. 401. SHORT TITLE.
This title may be cited as the ``L-1 Visa and H-1B Visa Reform
Act''.
Subtitle A--L-1 <<NOTE: L-1 Visa (Intracompany Transferee) Reform Act of
2004. 8 USC 1101 note.>> Visa Reform
SEC. 411. SHORT TITLE.
This subtitle may be cited as the ``L-1 Visa (Intracompany
Transferee) Reform Act of 2004''.
SEC. 412. NONIMMIGRANT L-1 VISA CATEGORY.
(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end
the following:
[[Page 118 STAT. 3352]]
``(F) An alien who will serve in a capacity involving specialized
knowledge with respect to an employer for purposes of section
101(a)(15)(L) and will be stationed primarily at the worksite of an
employer other than the petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for classification under
section 101(a)(15)(L) if--
``(i) the alien will be controlled and supervised
principally by such unaffiliated employer; or
``(ii) the placement of the alien at the worksite of the
unaffiliated employer is essentially an arrangement to provide
labor for hire for the unaffiliated employer, rather than a
placement in connection with the provision of a product or
service for which specialized knowledge specific to the
petitioning employer is necessary.''.
(b) Applicability.--The amendment made by subsection (a) shall apply
to petitions filed on or after the effective date of this subtitle,
whether for initial, extended, or amended classification.
SEC. 413. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR CERTAIN
INTRACOMPANY TRANSFEREES.
(a) In General.--Section 214(c)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking the last
sentence (relating to reduction of the 1-year period of continuous
employment abroad to 6 months).
(b) Applicability.--The amendment made by subsection (a) shall apply
only to petitions for initial classification filed on or after the
effective date of this subtitle.
SEC. 414. <<NOTE: 8 USC 1380.>> MAINTENANCE OF STATISTICS BY THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--The Department of Homeland Security shall maintain
statistics regarding petitions filed, approved, extended, and amended
with respect to nonimmigrants described in section 101(a)(15)(L) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including the
number of such nonimmigrants who are classified on the basis of
specialized knowledge and the number of nonimmigrants who are classified
on the basis of specialized knowledge in order to work primarily at
offsite locations.
(b) Applicability.--Subsection (a) shall apply to petitions filed on
or after the effective date of this subtitle.
SEC. 415. <<NOTE: Deadline. 8 USC 1184 note.>> INSPECTOR GENERAL REPORT
ON L VISA PROGRAM.
Not later than 6 months after the date of enactment of this Act, the
Inspector General of the Department of Homeland Security shall,
consistent with the authority granted the Department under section 428
of the Homeland Security Act of 2002 (6 U.S.C. 236), examine and report
to the Committees on the Judiciary of the House of Representatives and
the Senate on the vulnerabilities and potential abuses in the visa
program carried out under section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) with respect to nonimmigrants
described in section 101(a)(15)(L) of such Act (8 U.S.C.
1101(a)(15)(L)).
SEC. 416. <<NOTE: 8 USC 1184 note.>> ESTABLISHMENT OF TASK FORCE.
(a) <<NOTE: Deadline.>> Establishment.--Not later than 6 months
after the date of enactment of this Act, there shall be established an L
Visa Interagency Task Force that consists of representatives from the
Department of Homeland Security, the Department of Justice, and
[[Page 118 STAT. 3353]]
the Department of State. The Secretaries of each Department and each
relevant bureau of the Department of Homeland Security shall appoint
designees to the L Visa Interagency Task Force. The L Visa Interagency
Task Force shall consult with other agencies deemed appropriate.
(b) <<NOTE: Deadline.>> Report.--Not later than 6 months after the
submission of the report by the Inspector General of the Department of
Homeland Security in accordance with section 6, the L Visa Interagency
Task Force shall report to the Committees on the Judiciary of the House
of Representatives and the Senate on the efforts to implement the
recommendations set forth by the Inspector General's report. The L Visa
Interagency Task Force shall note specific areas of agreement and
disagreement, and make recommendations to Congress on the findings of
the Task Force, including any suggestions for legislation. The Task
Force shall also review other additional issues as may be raised by the
Inspector General's report or by the Task Force's own deliberations
regarding the policies and purposes of the visa program relative to
national goals and transnational commerce.
SEC. 417. <<NOTE: 8 USC 1184 note.>> EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect 180 days after the date of enactment of this Act.
Subtitle B--H-1B <<NOTE: H-1B Visa Reform Act of 2004. 8 USC 1101
note.>> Visa Reform
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ``H-1B Visa Reform Act of 2004''.
SEC. 422. TEMPORARY WORKER PROVISIONS.
(a) Attestation Requirements for H-1B Workers.--Section
212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2003,''.
(b) H-1B Employer Petitions.--Section 214(c)(9) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(9)) is amended--
(1) in subparagraph (A), by striking ``October 1, 2003'';
(2) in subparagraph (B), by striking ``$1,000'' and
inserting ``$1,500''; and
(3) in subparagraph (B), by inserting before the period
``except that the fee shall be half the amount for each such
petition by any employer with not more than 25 full-time
equivalent employees who are employed in the United States
(determined by including any affiliate or subsidiary of such
employer)''.
SEC. 423. H-1B PREVAILING WAGE LEVEL.
Section 212(p) of the Immigration and Nationality Act (8 U.S.C.
1182(p)) is amended by adding at the end the following:
``(3) The prevailing wage required to be paid pursuant to
subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be
100 percent of the wage determined pursuant to those sections.
``(4) Where the Secretary of Labor uses, or makes available to
employers, a governmental survey to determine the prevailing wage, such
survey shall provide at least 4 levels of wages commensurate with
experience, education, and the level of supervision.
[[Page 118 STAT. 3354]]
Where an existing government survey has only 2 levels, 2 intermediate
levels may be created by dividing by 3, the difference between the 2
levels offered, adding the quotient thus obtained to the first level and
subtracting that quotient from the second level.''.
SEC. 424. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.
(a) Secretary of Labor Investigative Authority.--
(1) In general.--Section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)) is amended by inserting
after subparagraph (F) the following:
``(G)(i) The Secretary of Labor may initiate an investigation of any
employer that employs nonimmigrants described in section
101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable cause to
believe that the employer is not in compliance with this subsection. In
the case of an investigation under this clause, the Secretary of Labor
(or the acting Secretary in the case of the absence of disability of the
Secretary of Labor) shall personally certify that reasonable cause
exists and shall approve commencement of the investigation. The
investigation may be initiated for reasons other than completeness and
obvious inaccuracies by the employer in complying with this subsection.
``(ii) If the Secretary of Labor receives specific credible
information from a source who is likely to have knowledge of an
employer's practices or employment conditions, or an employer's
compliance with the employer's labor condition application under
paragraph (1), and whose identity is known to the Secretary of Labor,
and such information provides reasonable cause to believe that the
employer has committed a willful failure to meet a condition of
paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has
engaged in a pattern or practice of failures to meet such a condition,
or has committed a substantial failure to meet such a condition that
affects multiple employees, the Secretary of Labor may conduct an
investigation into the alleged failure or failures. The Secretary of
Labor may withhold the identity of the source from the employer, and the
source's identity shall not be subject to disclosure under section 552
of title 5, United States Code.
``(iii) <<NOTE: Procedures.>> The Secretary of Labor shall establish
a procedure for any person desiring to provide to the Secretary of Labor
information described in clause (ii) that may be used, in whole or in
part, as the basis for the commencement of an investigation described in
such clause, to provide the information in writing on a form developed
and provided by the Secretary of Labor and completed by or on behalf of
the person. The person may not be an officer or employee of the
Department of Labor, unless the information satisfies the requirement of
clause (iv)(II) (although an officer or employee of the Department of
Labor may complete the form on behalf of the person).
``(iv) Any investigation initiated or approved by the Secretary of
Labor under clause (ii) shall be based on information that satisfies the
requirements of such clause and that--
``(I) originates from a source other than an officer or
employee of the Department of Labor; or
``(II) was lawfully obtained by the Secretary of Labor in
the course of lawfully conducting another Department of Labor
investigation under this Act of any other Act.
[[Page 118 STAT. 3355]]
``(v) The receipt by the Secretary of Labor of information submitted
by an employer to the Attorney General or the Secretary of Labor for
purposes of securing the employment of a nonimmigrant described in
section 101(a)(15)(H)(i)(b) shall not be considered a receipt of
information for purposes of clause (ii).
``(vi) No investigation described in clause (ii) (or hearing
described in clause (viii) based on such investigation) may be conducted
with respect to information about a failure to meet a condition
described in clause (ii), unless the Secretary of Labor receives the
information not later than 12 months after the date of the alleged
failure.
``(vii) <<NOTE: Notice.>> The Secretary of Labor shall provide
notice to an employer with respect to whom there is reasonable cause to
initiate an investigation described in clauses (i) or (ii), prior to the
commencement of an investigation under such clauses, of the intent to
conduct an investigation. The notice shall be provided in such a manner,
and shall contain sufficient detail, to permit the employer to respond
to the allegations before an investigation is commenced. The Secretary
of Labor is not required to comply with this clause if the Secretary of
Labor determines that to do so would interfere with an effort by the
Secretary of Labor to secure compliance by the employer with the
requirements of this subsection. There shall be no judicial review of a
determination by the Secretary of Labor under this clause.
``(viii) An investigation under clauses (i) or (ii) may be conducted
for a period of up to 60 days. <<NOTE: Notice.>> If the Secretary of
Labor determines after such an investigation that a reasonable basis
exists to make a finding that the employer has committed a willful
failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E),
(1)(F), or (1)(G)(i)(I), has engaged in a pattern or practice of
failures to meet such a condition, or has committed a substantial
failure to meet such a condition that affects multiple employees, the
Secretary of Labor shall provide for notice of such determination to the
interested parties and an opportunity for a hearing in accordance with
section 556 of title 5, United States Code, within 120 days after the
date of the determination. <<NOTE: Deadline.>> If such a hearing is
requested, the Secretary of Labor shall make a finding concerning the
matter by not later than 120 days after the date of the hearing.''.
(2) <<NOTE: Effective date. 8 USC 1182
note.>> Retroactive.--The amendment made by paragraph (1) shall
take effect as if enacted on October 1, 2003.
(b) Good Faith Compliance or Conformity.--Section 212(n)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
(1) by redesignating subparagraph (H) as subparagraph (I);
and
(2) by inserting after subparagraph (G), as added by
subsection (a)(1), the following:
``(H)(i) Except as provided in clauses (ii) and (iii), a person or
entity is considered to have complied with the requirements of this
subsection, notwithstanding a technical or procedural failure to meet
such requirements, if there was a good faith attempt to comply with the
requirements.
``(ii) Clause (i) shall not apply if--
``(I) the Department of Labor (or another enforcement
agency) has explained to the person or entity the basis for the
failure;
[[Page 118 STAT. 3356]]
``(II) the person or entity has been provided a period of
not less than 10 business days (beginning after the date of the
explanation) within which to correct the failure; and
``(III) the person or entity has not corrected the failure
voluntarily within such period.
``(iii) A person or entity that, in the course of an
investigation, is found to have violated the prevailing wage
requirements set forth in paragraph (1)(A), shall not be
assessed fines or other penalties for such violation if the
person or entity can establish that the manner in which the
prevailing wage was calculated was consistent with recognized
industry standards and practices.
``(iv) Clauses (i) and (iii) shall not apply to a person or
entity that has engaged in or is engaging in a pattern or
practice of willful violations of this subsection.''.
(c) <<NOTE: 8 USC 1381.>> Secretary of Labor Report.--Not later than
January 31 of each year, the Secretary of Labor shall report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the investigations undertaken based on--
(1) the authorities described in clauses (i) and (ii) of
section 212(n)(2)(G) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(G)(i) and (ii)); and
(2) the expenditures by the Secretary of Labor described in
section 286(v)(2)(D) of the Immigration and Nationality Act (8
U.S.C. 1356(v)(2)(D)).
SEC. 425. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITATIONS ON H-1B
NONIMMIGRANTS.
(a) In General.--Section 214(g)(5) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``is employed (or has received an offer of employment) at'';
(2) in subparagraph (A)--
(A) by inserting ``is employed (or has received an
offer of employment) at'' before ``an institution''; and
(B) by striking ``or'' at the end;
(3) in subparagraph (B)--
(A) by inserting ``is employed (or has received an
offer of employment) at'' before ``a nonprofit''; and
(B) by striking the period and inserting ``; or'';
and
(4) by adding at the end the following:
``(C) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)),
until the number of aliens who are exempted from such numerical
limitation during such year exceeds 20,000.''.
(b) <<NOTE: 8 USC 1184 note.>> Statistics.--Beginning on the date of
enactment of this Act, the Secretary of Homeland Security shall maintain
statistical information on the country of origin and occupation of,
educational level maintained by, and compensation paid to, each alien
who is issued a visa or otherwise provided nonimmigrant status and is
exempt under section 214(g)(5) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(5)) for each fiscal year. The statistical information
shall be included in the annual report to Congress under section 416(c)
of the American Competitiveness and Workforce Improvement Act of 1998
(Public Law 105-277; 112 Stat. 2681-655).
[[Page 118 STAT. 3357]]
SEC. 426. FRAUD PREVENTION AND DETECTION FEE.
(a) Imposition of Fee.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the
following:
``(12)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention and
detection fee on an employer filing a petition under paragraph (1)--
``(i) initially to grant an alien nonimmigrant status
described in subparagraph (H)(i)(b) or (L) of section
101(a)(15); or
``(ii) to obtain authorization for an alien having such
status to change employers.
``(B) In addition to any other fees authorized by law, the Secretary
of State shall impose a fraud prevention and detection fee on an alien
filing an application abroad for a visa authorizing admission to the
United States as a nonimmigrant described in section 101(a)(15)(L), if
the alien is covered under a blanket petition described in paragraph
(2)(A).
``(C) The amount of the fee imposed under subparagraph (A) or (B)
shall be $500.
``(D) The fee imposed under subparagraph (A) or (B) shall only apply
to principal aliens and not to the spouses or children who are
accompanying or following to join such principal aliens.
``(E) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(v).''.
(b) Establishment of Account; Use of Fees.--Section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
the end the following:
``(v) H-1B and L Fraud Prevention and Detection Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`H-1B and L Fraud Prevention and Detection Account'.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under section 214(c)(12).
``(2) Use of fees to combat fraud.--
``(A) Secretary of state.--One-third of the amounts
deposited into the H-1B and L Fraud Prevention and
Detection Account shall remain available to the
Secretary of State until expended for programs and
activities at United States embassies and consulates
abroad--
``(i) to increase the number diplomatic
security personnel assigned exclusively to the
function of preventing and detecting fraud by
applicants for visas described in subparagraph
(H)(i) or (L) of section 101(a)(15);
``(ii) otherwise to prevent and detect such
fraud pursuant to the terms of a memorandum of
understanding or other cooperative agreement
between the Secretary of State and the Secretary
of Homeland Security; and
``(iii) upon request by the Secretary of
Homeland Security, to assist such Secretary in
carrying out the fraud prevention and detection
programs and activities described in subparagraph
(B).
[[Page 118 STAT. 3358]]
``(B) Secretary of homeland security.--One-third of
the amounts deposited into the H-1B and L Fraud
Prevention and Detection Account shall remain available
to the Secretary of Homeland Security until expended for
programs and activities to prevent and detect fraud with
respect to petitions under paragraph (1) or (2)(A) of
section 214(c) to grant an alien nonimmigrant status
described in subparagraph (H)(i) or (L) of section
101(a)(15).
``(C) Secretary of labor.--One-third of the amounts
deposited into the H-1B and L Fraud Prevention and
Detection Account shall remain available to the
Secretary of Labor until expended for enforcement
programs and activities described in section 212(n).
``(D) Consultation.--The Secretary of State, the
Secretary of Homeland Security, and the Secretary of
Labor shall consult one another with respect to the use
of the funds in the H-1B and L Fraud Prevention and
Detection Account.''.
(c) <<NOTE: 8 USC 1184 note.>> Effective Date.--The amendments made
by this section shall take effect on the date of enactment of this Act,
and the fees imposed under such amendments shall apply to petitions
under section 214(c) of the Immigration and Nationality Act, and
applications for nonimmigrant visas under section 222 of such Act, filed
on or after the date that is 90 days after the date of the enactment of
this Act.
SEC. 427. CHANGE OF FEE FORMULA.
Section 286(s) of the Immigration and Nationality Act (8 U.S.C.
1356(s)) is amended--
(1) in paragraph (2), by striking ``55 percent'' and
inserting ``50 percent'';
(2) in paragraph (3), by striking ``22 percent'' and
inserting ``30 percent'';
(3) in paragraph (4)(A), by striking ``15 percent'' and
inserting ``10 percent'';
(4) in paragraph (5)--
(A) by striking ``4 percent'' and inserting ``5
percent''; and
(B) by striking ``Attorney General'' each place that
term appears and inserting ``Secretary of Homeland
Security''; and
(5) in paragraph (6), by striking ``Beginning with fiscal
year 2000,'' and all that follows through ``within a 7-day
period.'' and inserting ``Beginning with fiscal year 2000, 5
percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Secretary of
Labor until expended for decreasing the processing time for
applications under section 212(n)(1).''.
SEC. 428. <<NOTE: 29 USC 2916a.>> GRANTS FOR JOB TRAINING FOR EMPLOYMENT
IN HIGH GROWTH INDUSTRIES.
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (112 Stat. 2681-653) <<NOTE: 29 USC 2916
note.>> is amended to read as follows:
``(c) Job Training Grants.--
``(1) In general.--The Secretary of Labor shall use funds
available under section 286(s)(2) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(2)) to award grants to
eligible
[[Page 118 STAT. 3359]]
entities to provide job training and related activities for
workers to assist them in obtaining or upgrading employment in
industries and economic sectors identified pursuant to paragraph
(4) that are projected to experience significant growth and
ensure that job training and related activities funded by such
grants are coordinated with the public workforce investment
system.
``(2) Use of funds.--
``(A) Training provided.--Funds under this
subsection may be used to provide job training services
and related activities that are designed to assist
workers (including unemployed and employed workers) in
gaining the skills and competencies needed to obtain or
upgrade career ladder employment positions in the
industries and economic sectors identified pursuant to
paragraph (4).
``(B) Enhanced training programs and information.--
In order to facilitate the provision of job training
services described in subparagraph (A), funds under this
subsection may be used to assist in the development and
implementation of model activities such as developing
appropriate curricula to build core competencies and
train workers, identifying and disseminating career and
skill information, and increasing the integration of
community and technical college activities with
activities of businesses and the public workforce
investment system to meet the training needs for the
industries and economic sectors identified pursuant to
paragraph (4).
``(3) Eligible entities.--Grants under this subsection may
be awarded to partnerships of private and public sector
entities, which may include--
``(A) businesses or business-related nonprofit
organizations, such as trade associations;
``(B) education and training providers, including
community colleges and other community-based
organizations; and
``(C) entities involved in administering the
workforce investment system established under title I of
the Workforce Investment Act of 1998, and economic
development agencies.
``(4) High growth industries and economic sectors.--For
purposes of this subsection, the Secretary of Labor, in
consultation with State workforce investment boards, shall
identify industries and economic sectors that are projected to
experience significant growth, taking into account appropriate
factors, such as the industries and sectors that--
``(A) are projected to add substantial numbers of
new jobs to the economy;
``(B) are being transformed by technology and
innovation requiring new skill sets for workers;
``(C) are new and emerging businesses that are
projected to grow; or
``(D) have a significant impact on the economy
overall or on the growth of other industries and
economic sectors.
``(5) Equitable distribution.--In awarding grants under this
subsection, the Secretary of Labor shall ensure an equitable
distribution of such grants across geographically diverse areas.
[[Page 118 STAT. 3360]]
``(6) Leveraging of resources and authority to require
match.--
``(A) Leveraging of resources.--In awarding grants
under this subsection, the Secretary of Labor shall take
into account, in addition to other factors the Secretary
determines are appropriate--
``(i) the extent to which resources other than
the funds provided under this subsection will be
made available by the eligible entities applying
for grants to support the activities carried out
under this subsection; and
``(ii) the ability of such entities to
continue to carry out and expand such activities
after the expiration of the grants.
``(B) Authority to require match.--The Secretary of
Labor may require the provision of specified levels of a
matching share of cash or noncash resources from
resources other than the funds provided under this
subsection for projects funded under this subsection.
``(7) <<NOTE: Reports.>> Performance accountability.--The
Secretary of Labor shall require grantees to report on the
employment outcomes obtained by workers receiving training under
this subsection using indicators of performance that are
consistent with other indicators used for employment and
training programs administered by the Secretary, such as entry
into employment, retention in employment, and increases in
earnings. The Secretary of Labor may also require grantees to
participate in evaluations of projects carried out under this
subsection.''.
SEC. 429. NATIONAL SCIENCE FOUNDATION LOW-INCOME SCHOLARSHIP PROGRAM.
(a) Expansion of Eligibility.--Section 414(d)(2)(A)(iii) of the
American Competitiveness and Workforce Improvement Act of 1998 (42
U.S.C. 1869c(d)(2)(A)(iii)) is amended by striking ``or computer
science.'' and inserting ``computer science, or other technology and
science programs designated by the Director.''.
(b) Increase in Award Amount.--Section 414(d)(3) of the American
Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C.
1869c(d)(3)) is amended by striking ``$3,125 per year'' and inserting
``$10,000 per year''.
(c) Funds.--Section 414(d)(4) of the American Competitiveness and
Workforce Improvement Act of 1998 (42 U.S.C. 1869c(d)(4)) is amended by
adding at the end the following: ``The Director may use no more than 50
percent of such funds for undergraduate programs for curriculum
development, professional and workforce development, and to advance
technological education. Funds for these other programs may be used for
purposes other than scholarships.''.
(d) Publication of Eligible Programs.--Section 414(d) of the
American Competitiveness and Workforce Improvement Act of 1998 (42
U.S.C. 1869c(d)) is amended by adding at the end the following:
``(5) <<NOTE: Deadline.>> Federal register.--Not later than
60 days after the date of enactment of the L-1 Visa and H-1B
Visa Reform Act, the Director shall publish in the Federal
Register a list of eligible programs of study.''.
[[Page 118 STAT. 3361]]
SEC. 430. <<NOTE: 8 USC 1182 note.>> EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this subtitle
and the amendments made by this subtitle shall take effect 90 days after
the date of enactment of this Act.
(b) Exceptions.--The amendments made by sections 422(b), 426(a), and
427 shall take effect upon the date of enactment of this Act.
TITLE V--NATIONAL <<NOTE: National Aviation Heritage Area
Act.>> AVIATION HERITAGE AREA
SEC. 501. <<NOTE: 16 USC 461 note.>> SHORT TITLE.
This title may be cited as the ``National Aviation Heritage Area
Act''.
SEC. 502. <<NOTE: 16 USC 461 note.>> FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Few technological advances have transformed the world or
our Nation's economy, society, culture, and national character
as the development of powered flight.
(2) The industrial, cultural, and natural heritage legacies
of the aviation and aerospace industry in the State of Ohio are
nationally significant.
(3) Dayton, Ohio, and other defined areas where the
development of the airplane and aerospace technology established
our Nation's leadership in both civil and military aeronautics
and astronautics set the foundation for the 20th Century to be
an American Century.
(4) Wright-Patterson Air Force Base in Dayton, Ohio, is the
birthplace, the home, and an integral part of the future of
aerospace.
(5) The economic strength of our Nation is connected
integrally to the vitality of the aviation and aerospace
industry, which is responsible for an estimated 11,200,000
American jobs.
(6) The industrial and cultural heritage of the aviation and
aerospace industry in the State of Ohio includes the social
history and living cultural traditions of several generations.
(7) The Department of the Interior is responsible for
protecting and interpreting the Nation's cultural and historic
resources, and there are significant examples of these resources
within Ohio to merit the involvement of the Federal Government
to develop programs and projects in cooperation with the
Aviation Heritage Foundation, Incorporated, the State of Ohio,
and other local and governmental entities to adequately
conserve, protect, and interpret this heritage for the
educational and recreational benefit of this and future
generations of Americans, while providing opportunities for
education and revitalization.
(8) Since the enactment of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), partnerships
among the Federal, State, and local governments and the private
sector have greatly assisted the development and preservation of
the historic aviation resources in the Miami Valley.
(9) An aviation heritage area centered in Southwest Ohio is
a suitable and feasible management option to increase
[[Page 118 STAT. 3362]]
collaboration, promote heritage tourism, and build on the
established partnerships among Ohio's historic aviation
resources and related sites.
(10) A critical level of collaboration among the historic
aviation resources in Southwest Ohio cannot be achieved without
a congressionally established national heritage area and the
support of the National Park Service and other Federal agencies
which own significant historic aviation-related sites in Ohio.
(11) The Aviation Heritage Foundation, Incorporated, would
be an appropriate management entity to oversee the development
of the National Aviation Heritage Area.
(12) Five National Park Service and Dayton Aviation Heritage
Commission studies and planning documents: ``Study of
Alternatives: Dayton's Aviation Heritage'', ``Dayton Aviation
Heritage National Historical Park Suitability/Feasibility
Study'', ``Dayton Aviation Heritage General Management Plan'',
``Dayton Historic Resources Preservation and Development Plan'',
and Heritage Area Concept Study, demonstrated that sufficient
historical resources exist to establish the National Aviation
Heritage Area.
(13) With the advent of the 100th anniversary of the first
powered flight in 2003, it is recognized that the preservation
of properties nationally significant in the history of aviation
is an important goal for the future education of Americans.
(14) Local governments, the State of Ohio, and private
sector interests have embraced the heritage area concept and
desire to enter into a partnership with the Federal Government
to preserve, protect, and develop the Heritage Area for public
benefit.
(15) The National Aviation Heritage Area would complement
and enhance the aviation-related resources within the National
Park Service, especially the Dayton Aviation Heritage National
Historical Park, Ohio.
(b) Purpose.--The purpose of this title is to establish the Heritage
Area to--
(1) encourage and facilitate collaboration among the
facilities, sites, organizations, governmental entities, and
educational institutions within the Heritage Area to promote
heritage tourism and to develop educational and cultural
programs for the public;
(2) preserve and interpret for the educational and
inspirational benefit of present and future generations the
unique and significant contributions to our national heritage of
certain historic and cultural lands, structures, facilities, and
sites within the National Aviation Heritage Area;
(3) encourage within the National Aviation Heritage Area a
broad range of economic opportunities enhancing the quality of
life for present and future generations;
(4) provide a management framework to assist the State of
Ohio, its political subdivisions, other areas, and private
organizations, or combinations thereof, in preparing and
implementing an integrated Management Plan to conserve their
aviation heritage and in developing policies and programs that
will preserve, enhance, and interpret the cultural, historical,
natural, recreation, and scenic resources of the Heritage Area;
and
[[Page 118 STAT. 3363]]
(5) authorize the Secretary to provide financial and
technical assistance to the State of Ohio, its political
subdivisions, and private organizations, or combinations
thereof, in preparing and implementing the private Management
Plan.
SEC. 503. <<NOTE: 16 USC 461 note.>> DEFINITIONS.
For purposes of this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Financial assistance.--The term ``financial assistance''
means funds appropriated by Congress and made available to the
management entity for the purpose of preparing and implementing
the Management Plan.
(3) Heritage area.--The term ``Heritage Area'' means the
National Aviation Heritage Area established by section 104 to
receive, distribute, and account for Federal funds appropriated
for the purpose of this title.
(4) Management plan.--The term ``Management Plan'' means the
management plan for the Heritage Area developed under section
106.
(5) Management entity.--The term ``management entity'' means
the Aviation Heritage Foundation, Incorporated (a nonprofit
corporation established under the laws of the State of Ohio).
(6) Partner.--The term ``partner'' means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in promoting the
conservation and preservation of the cultural and natural
resources of the Heritage Area.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Technical assistance.--The term ``technical assistance''
means any guidance, advice, help, or aid, other than financial
assistance, provided by the Secretary.
SEC. 504. <<NOTE: 16 USC 461 note.>> NATIONAL AVIATION HERITAGE AREA.
(a) <<NOTE: Ohio. Indiana.>> Establishment.--There is established in
the States of Ohio and Indiana, the National Aviation Heritage Area.
(b) Boundaries.--The Heritage Area shall include the following:
(1) A core area consisting of resources in Montgomery,
Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize
Counties in Ohio.
(2) The Neil Armstrong Air & Space Museum, Wapakoneta, Ohio.
(3) Sites, buildings, and districts within the core area
recommended by the Management Plan.
(c) Map.--A map of the Heritage Area shall be included in the
Management Plan. The map shall be on file in the appropriate offices of
the National Park Service, Department of the Interior.
(d) Management Entity.--The management entity for the Heritage Area
shall be the Aviation Heritage Foundation.
SEC. 505. <<NOTE: 16 USC 461 note.>> AUTHORITIES AND DUTIES OF THE
MANAGEMENT ENTITY.
(a) Authorities.--For purposes of implementing the Management Plan,
the management entity may use Federal funds made available through this
title to--
[[Page 118 STAT. 3364]]
(1) make grants to, and enter into cooperative agreements
with, the State of Ohio and political subdivisions of that
State, private organizations, or any person;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The management entity shall--
(1) develop and submit to the Secretary for approval the
proposed Management Plan in accordance with section 106;
(2) give priority to implementing actions set forth in the
Management Plan, including taking steps to assist units of
government and nonprofit organizations in preserving resources
within the Heritage Area;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area in
developing and implementing the Management Plan;
(4) maintain a collaboration among the partners to promote
heritage tourism and to assist partners to develop educational
and cultural programs for the public;
(5) encourage economic viability in the Heritage Area
consistent with the goals of the Management Plan;
(6) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural resources
and sites in the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(7) conduct public meetings at least quarterly regarding the
implementation of the Management Plan;
(8) submit substantial amendments to the Management Plan to
the Secretary for the approval of the Secretary; and
(9) for any year in which Federal funds have been received
under this title--
(A) <<NOTE: Reports. Deadlines.>> submit an annual
report to the Secretary that sets forth the
accomplishments of the management entity and its
expenses and income;
(B) make available to the Secretary for audit all
records relating to the expenditure of such funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of such funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use Federal
funds received under this title to acquire real property or an
interest in real property.
(2) Other sources.--Nothing in this title precludes the
management entity from using Federal funds from other sources
for authorized purposes.
[[Page 118 STAT. 3365]]
SEC. 506. <<NOTE: 16 USC 461 note.>> MANAGEMENT PLAN.
(a) <<NOTE: Deadline.>> Preparation of Plan.--Not later than 3 years
after the date of the enactment of this title, the management entity
shall submit to the Secretary for approval a proposed Management Plan
that shall take into consideration State and local plans and involve
residents, public agencies, and private organizations in the Heritage
Area.
(b) Contents.--The Management Plan shall incorporate an integrated
and cooperative approach for the protection, enhancement, and
interpretation of the natural, cultural, historic, scenic, and
recreational resources of the Heritage Area and shall include the
following:
(1) An inventory of the resources contained in the core area
of the Heritage Area, including the Dayton Aviation Heritage
Historical Park, the sites, buildings, and districts listed in
section 202 of the Dayton Aviation Heritage Preservation Act of
1992 (Public Law 102-419), and any other property in the
Heritage Area that is related to the themes of the Heritage Area
and that should be preserved, restored, managed, or maintained
because of its significance.
(2) An assessment of cultural landscapes within the Heritage
Area.
(3) Provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent with
the purposes of this title.
(4) An interpretation plan for the Heritage Area.
(5) A program for implementation of the Management Plan by
the management entity, including the following:
(A) Facilitating ongoing collaboration among the
partners to promote heritage tourism and to develop
educational and cultural programs for the public.
(B) Assisting partners planning for restoration and
construction.
(C) Specific commitments of the partners for the
first 5 years of operation.
(6) The identification of sources of funding for
implementing the plan.
(7) A description and evaluation of the management entity,
including its membership and organizational structure.
(c) Disqualification From Funding.--If a proposed Management Plan is
not submitted to the Secretary within 3 years of the date of the
enactment of this title, the management entity shall be ineligible to
receive additional funding under this title until the date on which the
Secretary receives the proposed Management Plan.
(d) <<NOTE: Deadline.>> Approval and Disapproval of Management
Plan.--The Secretary, in consultation with the State of Ohio, shall
approve or disapprove the proposed Management Plan submitted under this
title not later than 90 days after receiving such proposed Management
Plan.
(e) Action Following Disapproval.--If the Secretary disapproves a
proposed Management Plan, the Secretary shall advise the management
entity in writing of the reasons for the disapproval and shall make
recommendations for revisions to the proposed Management
Plan. <<NOTE: Deadline.>> The Secretary shall approve or disapprove a
proposed revision within 90 days after the date it is submitted.
[[Page 118 STAT. 3366]]
(f) Approval of Amendments.--The Secretary shall review and approve
substantial amendments to the Management Plan. Funds appropriated under
this title may not be expended to implement any changes made by such
amendment until the Secretary approves the amendment.
SEC. 507. <<NOTE: 16 USC 461 note.>> TECHNICAL AND FINANCIAL ASSISTANCE;
OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--Upon the request of the
management entity, the Secretary may provide technical assistance, on a
reimbursable or nonreimbursable basis, and financial assistance to the
Heritage Area to develop and implement the management
plan. <<NOTE: Contracts.>> The Secretary is authorized to enter into
cooperative agreements with the management entity and other public or
private entities for this purpose. In assisting the Heritage Area, the
Secretary shall give priority to actions that in general assist in--
(1) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage Area.
(b) Duties of Other Federal Agencies.--Any Federal agency conducting
or supporting activities directly affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this title;
(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
(4) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage Area.
SEC. 508. <<NOTE: 16 USC 461 note.>> COORDINATION BETWEEN THE SECRETARY
AND THE SECRETARY OF DEFENSE AND THE ADMINISTRATOR OF NASA.
The decisions concerning the execution of this title as it applies
to properties under the control of the Secretary of Defense and the
Administrator of the National Aeronautics and Space Administration shall
be made by such Secretary or such Administrator, in consultation with
the Secretary of the Interior.
SEC. 509. <<NOTE: 16 USC 461 note.>> REQUIREMENTS FOR INCLUSION OF
PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request to
the management entity.
[[Page 118 STAT. 3367]]
SEC. 510. <<NOTE: 16 USC 461 note.>> PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access) to
such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
title shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds appropriated
for the purpose of this title may be expended. The establishment of the
Heritage Area and its boundaries shall not be construed to provide any
nonexisting regulatory authority on land use within the Heritage Area or
its viewshed by the Secretary, the National Park Service, or the
management entity.
SEC. 511. <<NOTE: 16 USC 461 note.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this title there is authorized to be
appropriated $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this title for any fiscal year.
(b) Fifty Percent Match.--The Federal share of the cost of
activities carried out using any assistance or grant under this title
shall not exceed 50 percent.
SEC. 512. <<NOTE: 16 USC 461 note.>> SUNSET PROVISION.
The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date that funds
are first made available for this title.
SEC. 513. <<NOTE: 16 USC 461 note.>> WRIGHT COMPANY FACTORY STUDY AND
REPORT.
(a) Study.--
(1) In general.--The Secretary shall conduct a special
resource study updating the study required under section 104 of
the Dayton Aviation Heritage Preservation Act of 1992 (Public
Law 102-419) and detailing alternatives for incorporating the
Wright Company factory as a unit of Dayton Aviation Heritage
National Historical Park.
(2) Contents.--The study shall include an analysis of
alternatives for including the Wright Company factory as a unit
of Dayton Aviation Heritage National Historical Park that detail
management and development options and costs.
(3) Consultation.--In conducting the study, the Secretary
shall consult with the Delphi Corporation, the Aviation Heritage
Foundation, State and local agencies, and other interested
parties in the area.
[[Page 118 STAT. 3368]]
(b) Report.--Not later than 3 years after funds are first made
available for this section, the Secretary shall submit to the Committee
on Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report describing the results of
the study conducted under this section.
TITLE VI--OIL <<NOTE: Oil Region National Heritage Area Act.>> REGION
NATIONAL HERITAGE AREA
SEC. 601. <<NOTE: 16 USC 461 note.>> SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Oil Region
National Heritage Area Act''.
(b) Definitions.--For the purposes of this title, the following
definitions shall apply:
(1) Heritage area.--The term ``Heritage Area'' means the Oil
Region National Heritage Area established in section 603(a).
(2) Management entity.--The term ``management entity'' means
the Oil Heritage Region, Inc., or its successor entity.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 602. <<NOTE: 16 USC 461 note.>> FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania, with
numerous sites and districts listed on the National Register of
Historic Places, and designated by the Governor of Pennsylvania
as one of the State Heritage Park Areas, is a region with
tremendous physical and natural resources and possesses a story
of State, national, and international significance.
(2) The single event of Colonel Edwin Drake's drilling of
the world's first successful oil well in 1859 has affected the
industrial, natural, social, and political structures of the
modern world.
(3) Six national historic districts are located within the
State Heritage Park boundary, in Emlenton, Franklin, Oil City,
and Titusville, as well as 17 separate National Register sites.
(4) The Allegheny River, which was designated as a component
of the national wild and scenic rivers system in 1992 by Public
Law 102-271, traverses the Oil Region and connects several of
its major sites, as do some of the river's tributaries such as
Oil Creek, French Creek, and Sandy Creek.
(5) The unspoiled rural character of the Oil Region provides
many natural and recreational resources, scenic vistas, and
excellent water quality for people throughout the United States
to enjoy.
(6) Remnants of the oil industry, visible on the landscape
to this day, provide a direct link to the past for visitors, as
do the historic valley settlements, riverbed settlements,
plateau developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross section of
American history associated with Native Americans, frontier
settlements, the French and Indian War, African Americans and
the Underground Railroad, and immigration of Swedish and Polish
individuals, among others.
(8) Involvement by the Federal Government shall serve to
enhance the efforts of the Commonwealth of Pennsylvania,
[[Page 118 STAT. 3369]]
volunteer organizations, and private businesses, to promote the
cultural, national, and recreational resources of the region in
order to fulfill their full potential.
(b) Purpose.--The purpose of this title is to enhance a cooperative
management framework to assist the Commonwealth of Pennsylvania, its
units of local government, and area citizens in conserving, enhancing,
and interpreting the significant features of the lands, water, and
structures of the Oil Region, in a manner consistent with compatible
economic development for the benefit and inspiration of present and
future generations in the Commonwealth of Pennsylvania and the United
States.
SEC. 603. <<NOTE: 16 USC 461 note.>> OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Oil Region
National Heritage Area.
(b) Boundaries.--The boundaries of the Heritage Area shall include
all of those lands depicted on a map entitled ``Oil Region National
Heritage Area'', numbered OIRE/20,000 and dated October 2000. The map
shall be on file in the appropriate offices of the National Park
Service. <<NOTE: Federal Register, publication.>> The Secretary of the
Interior shall publish in the Federal Register, as soon as practical
after the date of the enactment of this Act, a detailed description and
map of the boundaries established under this subsection.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Oil Heritage Region, Inc., the locally based private,
nonprofit management corporation which shall oversee the development of
a management plan in accordance with section 605(b).
SEC. 604. <<NOTE: 16 USC 461 note.>> COMPACT.
To carry out the purposes of this title, the Secretary shall enter
into a compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including a discussion of the goals and objectives of the Heritage Area,
including an explanation of the proposed approach to conservation and
interpretation and a general outline of the protection measures
committed to by the Secretary and management entity.
SEC. 605. <<NOTE: 16 USC 461 note.>> AUTHORITIES AND DUTIES OF
MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity may
use funds made available under this title for purposes of preparing,
updating, and implementing the management plan developed under
subsection (b). Such purposes may include--
(1) making grants to, and entering into cooperative
agreements with, States and their political subdivisions,
private organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the purposes of the
Heritage Area.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that--
(1) presents comprehensive strategies and recommendations
for conservation, funding, management, and development of the
Heritage Area;
[[Page 118 STAT. 3370]]
(2) takes into consideration existing State, county, and
local plans and involves residents, public agencies, and private
organizations working in the Heritage Area;
(3) includes a description of actions that units of
government and private organizations have agreed to take to
protect the resources of the Heritage Area;
(4) specifies the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(5) includes an inventory of the resources contained in the
Heritage Area, including a list of any property in the Heritage
Area that is related to the themes of the Heritage Area and that
should be preserved, restored, managed, developed, or maintained
because of its natural, cultural, historic, recreational, or
scenic significance;
(6) describes a program for implementation of the management
plan by the management entity, including plans for restoration
and construction, and specific commitments for that
implementation that have been made by the management entity and
any other persons for the first 5 years of implementation;
(7) lists any revisions to the boundaries of the Heritage
Area proposed by the management entity and requested by the
affected local government; and
(8) includes an interpretation plan for the Heritage Area.
(c) Deadline; Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary within 2 years after the funds
are made available for this title.
(2) Termination of funding.--If a management plan is not
submitted to the Secretary in accordance with this subsection,
the management entity shall not qualify for Federal assistance
under this title.
(d) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the natural, historical, and architectural resources
and sites in the Heritage Area;
(D) the restoration of any historic building
relating to the themes of the Heritage Area;
(E) ensuring that clear signs identifying access
points and sites of interest are put in place throughout
the Heritage Area; and
(F) carrying out other actions that the management
entity determines to be advisable to fulfill the
purposes of this title;
(3) encourage by appropriate means economic viability in the
Heritage Area consistent with the goals of the management plan;
(4) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area; and
[[Page 118 STAT. 3371]]
(5) for any year in which Federal funds have been provided
to implement the management plan under subsection (b)--
(A) conduct public meetings at least annually
regarding the implementation of the management plan;
(B) <<NOTE: Reports.>> submit an annual report to
the Secretary setting forth accomplishments, expenses
and income, and each person to which any grant was made
by the management entity in the year for which the
report is made; and
(C) require, for all agreements entered into by the
management entity authorizing expenditure of Federal
funds by any other person, that the person making the
expenditure make available to the management entity for
audit all records pertaining to the expenditure of such
funds.
(e) Prohibition on the Acquisition of Real Property.--The management
entity may not use Federal funds received under this title to acquire
real property or an interest in real property.
SEC. 606. <<NOTE: 16 USC 461 note.>> DUTIES AND AUTHORITIES OF THE
SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Overall assistance.--The Secretary may, upon the
request of the management entity, and subject to the
availability of appropriations, provide technical and
financial assistance to the management entity to carry
out its duties under this title, including updating and
implementing a management plan that is submitted under
section 605(b) and approved by the Secretary and, prior
to such approval, providing assistance for initiatives.
(B) Other assistance.--If the Secretary has the
resources available to provide technical assistance to
the management entity to carry out its duties under this
title (including updating and implementing a management
plan that is submitted under section 605(b) and approved
by the Secretary and, prior to such approval, providing
assistance for initiatives), upon the request of the
management entity the Secretary shall provide such
assistance on a reimbursable basis. This subparagraph
does not preclude the Secretary from providing
nonreimbursable assistance under subparagraph (A).
(2) Priority.--In assisting the management entity, the
Secretary shall give priority to actions that assist in the--
(A) implementation of the management plan;
(B) provision of educational assistance and advice
regarding land and water management techniques to
conserve the significant natural resources of the
region;
(C) development and application of techniques
promoting the preservation of cultural and historic
properties;
(D) preservation, restoration, and reuse of publicly
and privately owned historic buildings;
(E) design and fabrication of a wide range of
interpretive materials based on the management plan,
including guide brochures, visitor displays, audio-
visual and interactive exhibits, and educational
curriculum materials for public education; and
(F) implementation of initiatives prior to approval
of the management plan.
[[Page 118 STAT. 3372]]
(3) Documentation of structures.--The Secretary, acting
through the Historic American Building Survey and the Historic
American Engineering Record, shall conduct studies necessary to
document the industrial, engineering, building, and
architectural history of the Heritage Area.
(b) Approval <<NOTE: Deadline.>> and Disapproval of Management
Plans.--The Secretary, in consultation with the Governor of
Pennsylvania, shall approve or disapprove a management plan submitted
under this title not later than 90 days after receiving such plan. In
approving the plan, the Secretary shall take into consideration the
following criteria:
(1) The extent to which the management plan adequately
preserves and protects the natural, cultural, and historical
resources of the Heritage Area.
(2) The level of public participation in the development of
the management plan.
(3) The extent to which the board of directors of the
management entity is representative of the local government and
a wide range of interested organizations and citizens.
(c) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions in the management
plan. <<NOTE: Deadline.>> The Secretary shall approve or disapprove a
proposed revision within 90 days after the date it is submitted.
(d) Approving Changes.--The Secretary shall review and approve
amendments to the management plan under section 605(b) that make
substantial changes. Funds appropriated under this title may not be
expended to implement such changes until the Secretary approves the
amendments.
(e) Effect of Inaction.--If the Secretary does not approve or
disapprove a management plan, revision, or change within 90 days after
it is submitted to the Secretary, then such management plan, revision,
or change shall be deemed to have been approved by the Secretary.
SEC. 607. <<NOTE: 16 USC 461 note.>> DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this title and, to the
maximum extent practicable, coordinate such activities with the
carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner that the management entity
determines shall not have an adverse effect on the Heritage
Area.
SEC. 608. <<NOTE: 16 USC 461 note.>> SUNSET.
The Secretary may not make any grant or provide any assistance under
this title after the expiration of the 15-year period beginning on the
date that funds are first made available for this title.
[[Page 118 STAT. 3373]]
SEC. 609. <<NOTE: 16 USC 461 note.>> REQUIREMENTS FOR INCLUSION OF
PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request to
the management entity.
SEC. 610. <<NOTE: 16 USC 461 note.>> PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access) to
such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
title shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds appropriated
for the purpose of this title may be expended. The establishment of the
Heritage Area and its boundaries shall not be construed to provide any
nonexisting regulatory authority on land use within the Heritage Area or
its viewshed by the Secretary, the National Park Service, or the
management entity.
SEC. 611. <<NOTE: 16 USC 461 note.>> USE OF FEDERAL FUNDS FROM OTHER
SOURCES.
Nothing in this title shall preclude the management entity from
using Federal funds available under Acts other than this title for the
purposes for which those funds were authorized.
SEC. 612. <<NOTE: 16 USC 461 note.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title--
(1) not more than $1,000,000 for any fiscal year; and
(2) not more than a total of $10,000,000.
(b) 50 Percent Match.--Financial assistance provided under this
title may not be used to pay more than 50 percent of the total cost of
any activity carried out with that assistance.
[[Page 118 STAT. 3374]]
TITLE VII--MISSISSIPPI <<NOTE: Mississippi Gulf Coast National Heritage
Area Act. 16 USC 461 note.>> GULF COAST NATIONAL HERITAGE AREA ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Mississippi Gulf Coast National
Heritage Area Act''.
SEC. 702. <<NOTE: 16 USC 461 note.>> CONGRESSIONAL FINDINGS.
Congress finds that--
(1) the 6-county area in southern Mississippi located on the
Gulf of Mexico and in the Mississippi Coastal Plain has a unique
identity that is shaped by--
(A) the coastal and riverine environment; and
(B) the diverse cultures that have settled in the
area;
(2) the area is rich with diverse cultural and historical
significance, including--
(A) early Native American settlements; and
(B) Spanish, French, and English settlements
originating in the 1600s;
(3) the area includes spectacular natural, scenic, and
recreational resources;
(4) there is broad support from local governments and other
interested individuals for the establishment of the Mississippi
Gulf Coast National Heritage Area to coordinate and assist in
the preservation and interpretation of those resources;
(5) the Comprehensive Resource Management Plan, coordinated
by the Mississippi Department of Marine Resources--
(A) is a collaborative effort of the Federal
Government and State and local governments in the area;
and
(B) is a natural foundation on which to establish
the Heritage Area; and
(6) establishment of the Heritage Area would assist local
communities and residents in preserving the unique cultural,
historical, and natural resources of the area.
SEC. 703. <<NOTE: 16 USC 461 note.>> DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Mississippi Gulf Coast National Heritage Area established by
section 4(a).
(2) Coordinating entity.--The term ``coordinating entity''
means the coordinating entity for the Heritage Area designated
by section 4(c).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Mississippi.
SEC. 704. <<NOTE: 16 USC 461 note.>> MISSISSIPPI GULF COAST NATIONAL
HERITAGE AREA.
(a) Establishment.--There is established in the State the
Mississippi Gulf Coast National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the counties of
Pearl River, Stone, George, Hancock, Harrison, and Jackson in the State.
(c) Coordinating Entity.--
[[Page 118 STAT. 3375]]
(1) In general.--The Mississippi Department of Marine
Resources, in consultation with the Mississippi Department of
Archives and History, shall serve as the coordinating entity for
the Heritage Area.
(2) Oversight committee.--The coordinating entity shall
ensure that each of the 6 counties included in the Heritage Area
is appropriately represented on any oversight committee.
SEC. 705. <<NOTE: 16 USC 461 note.>> MANAGEMENT PLAN.
(a) In General.--Not <<NOTE: Deadline.>> later than 3 years after
the date of enactment of this Act, the coordinating entity shall develop
and submit to the Secretary a management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) provide recommendations for the conservation, funding,
management, interpretation, and development of the cultural,
historical, archaeological, natural, and recreational resources
of the Heritage Area;
(2) identify sources of funding for the Heritage Area;
(3) include--
(A) an inventory of the cultural, historical,
archaeological, natural, and recreational resources of
the Heritage Area; and
(B) an analysis of ways in which Federal, State,
tribal, and local programs may best be coordinated to
promote the purposes of this Act;
(4) provide recommendations for educational and interpretive
programs to inform the public about the resources of the
Heritage Area; and
(5) involve residents of affected communities and tribal and
local governments.
(c) Failure to Submit.--If a management plan is not submitted to the
Secretary by the date specified in subsection (a), the Secretary shall
not provide any additional funding under this Act until a management
plan for the Heritage Area is submitted to the Secretary.
(d) Approval or Disapproval of the Management Plan.--
(1) In general.--Not later than 90 days after receipt of the
management plan under subsection (a), the Secretary shall
approve or disapprove the management plan.
(2) Action following disapproval.--If the Secretary
disapproves a management plan under paragraph (1), the Secretary
shall--
(A) advise the coordinating entity in writing of the
reasons for disapproval;
(B) make recommendations for revision of the
management plan; and
(C) allow the coordinating entity to submit to the
Secretary revisions to the management plan.
(e) Revision.--After approval by the Secretary of the management
plan, the coordinating entity shall periodically--
(1) review the management plan; and
(2) submit to the Secretary, for review and approval by the
Secretary, any recommendations for revisions to the management
plan.
SEC. 706. <<NOTE: 16 USC 461 note.>> AUTHORITIES AND DUTIES OF
COORDINATING ENTITY.
(a) Authorities.--For purposes of developing and implementing the
management plan and otherwise carrying out this
[[Page 118 STAT. 3376]]
Act, the coordinating entity may make grants to and provide technical
assistance to tribal and local governments, and other public and private
entities.
(b) Duties.--In addition to developing the management plan under
section 5, in carrying out this Act, the coordinating entity shall--
(1) implement the management plan; and
(2) assist local and tribal governments and non-profit
organizations in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of, and appreciation
for, the cultural, historical, archaeological, and
natural resources of the Heritage Area;
(D) restoring historic structures that relate to the
Heritage Area; and
(E) carrying out any other activity that the
coordinating entity determines to be appropriate to
carry out this Act, consistent with the management plan;
(3) conduct public meetings at least annually regarding the
implementation of the management plan; and
(4) for any fiscal year for which Federal funds are made
available under section 9--
(A) <<NOTE: Reports.>> submit to the Secretary a
report that describes, for the fiscal year, the actions
of the coordinating entity in carrying out this Act;
(B) make available to the Secretary for audit all
records relating to the expenditure of funds and any
matching funds; and
(C) require, for all agreements authorizing the
expenditure of Federal funds by any entity, that the
receiving entity make available to the Secretary for
audit all records relating to the expenditure of the
funds.
(c) Prohibition on Acquisition of Real Property.--The coordinating
entity shall not use Federal funds made available under this Act to
acquire real property or any interest in real property.
SEC. 707. <<NOTE: 16 USC 461 note.>> TECHNICAL AND FINANCIAL ASSISTANCE;
OTHER FEDERAL AGENCIES.
(a) In General.--On the request of the coordinating entity, the
Secretary may provide technical and financial assistance to the
coordinating entity for use in the development and implementation of the
management plan.
(b) Prohibition of Certain Requirements.--The Secretary may not, as
a condition of the provision of technical or financial assistance under
this section, require any recipient of the assistance to impose or
modify any land use restriction or zoning ordinance.
SEC. 708. <<NOTE: 16 USC 461 note.>> EFFECT OF ACT.
Nothing in this Act--
(1) affects or authorizes the coordinating entity to
interfere with--
(A) the right of any person with respect to private
property; or
(B) any local zoning ordinance or land use plan;
[[Page 118 STAT. 3377]]
(2) restricts an Indian tribe from protecting cultural or
religious sites on tribal land;
(3) modifies, enlarges, or diminishes the authority of any
State, tribal, or local government to regulate any use of land
under any other law (including regulations);
(4)(A) modifies, enlarges, or diminishes the authority of
the State to manage fish and wildlife in the Heritage Area,
including the regulation of fishing and hunting; or
(B) authorizes the coordinating entity to assume any
management authorities over such lands; or
(5) diminishes the trust responsibilities or government-to-
government obligations of the United States to any federally
recognized Indian tribe.
SEC. 709. <<NOTE: 16 USC 461 note.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this Act $10,000,000, of which not more than $1,000,000 may be made
available for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.
VIII--FEDERAL <<NOTE: Federal Lands Recreation Enhancement Act. 16 USC
6801 note.>> LANDS RECREATION ENHANCEMENT ACT
SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Federal Lands
Recreation Enhancement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 801. Short title and table of contents.
Sec. 802. Definitions.
Sec. 803. Recreation fee authority.
Sec. 804. Public participation.
Sec. 805. Recreation passes.
Sec. 806. Cooperative agreements.
Sec. 807. Special account and distribution of fees and revenues.
Sec. 808. Expenditures.
Sec. 809. Reports.
Sec. 810. Sunset provision.
Sec. 811. Volunteers.
Sec. 812. Enforcement and protection of receipts.
Sec. 813. Repeal of superseded admission and use fee authorities.
Sec. 814. Relation to other laws and fee collection authorities.
Sec. 815. Limitation on use of fees for employee bonuses.
SEC. 802. <<NOTE: 16 USC 6801.>> DEFINITIONS.
In this Act:
(1) Standard amenity recreation fee.--The term ``standard
amenity recreation fee'' means the recreation fee authorized by
section 3(f).
(2) Expanded amenity recreation fee.--The term ``expanded
amenity recreation fee'' means the recreation fee authorized by
section 3(g).
(3) Entrance fee.--The term ``entrance fee'' means the
recreation fee authorized to be charged to enter onto lands
managed by the National Park Service or the United States Fish
and Wildlife Service.
(4) Federal land management agency.--The term ``Federal land
management agency'' means the National Park Service, the United
States Fish and Wildlife Service, the Bureau
[[Page 118 STAT. 3378]]
of Land Management, the Bureau of Reclamation, or the Forest
Service.
(5) Federal recreational lands and waters.--The term
``Federal recreational lands and waters'' means lands or waters
managed by a Federal land management agency.
(6) National parks and federal recreational lands pass.--The
term ``National Parks and Federal Recreational Lands Pass''
means the interagency national pass authorized by section 5.
(7) Passholder.--The term ``passholder'' means the person
who is issued a recreation pass.
(8) Recreation fee.--The term ``recreation fee'' means an
entrance fee, standard amenity recreation fee, expanded amenity
recreation fee, or special recreation permit fee.
(9) Recreation pass.--The term ``recreation pass'' means the
National Parks and Federal Recreational Lands Pass or one of the
other recreation passes available as authorized by section 5.
(10) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to a
Federal land management agency (other than the Forest
Service); and
(B) the Secretary of Agriculture, with respect to
the Forest Service.
(11) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture
acting jointly.
(12) Special account.--The term ``special account'' means
the special account established in the Treasury under section 7
for a Federal land management agency.
(13) Special recreation permit fee.--The term ``special
recreation permit fee'' means the fee authorized by section
3(h).
SEC. 803. <<NOTE: 16 USC 6802.>> RECREATION FEE AUTHORITY.
(a) Authority of Secretary.--Beginning in fiscal year 2005 and
thereafter, the Secretary may establish, modify, charge, and collect
recreation fees at Federal recreational lands and waters as provided for
in this section.
(b) Basis for Recreation Fees.--Recreation fees shall be established
in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be commensurate
with the benefits and services provided to the visitor.
(2) The Secretary shall consider the aggregate effect of
recreation fees on recreation users and recreation service
providers.
(3) The Secretary shall consider comparable fees charged
elsewhere and by other public agencies and by nearby private
sector operators.
(4) The Secretary shall consider the public policy or
management objectives served by the recreation fee.
(5) The Secretary shall obtain input from the appropriate
Recreation Resource Advisory Committee, as provided in section
4(d).
(6) The Secretary shall consider such other factors or
criteria as determined appropriate by the Secretary.
[[Page 118 STAT. 3379]]
(c) Special Considerations.--The Secretary shall establish the
minimum number of recreation fees and shall avoid the collection of
multiple or layered recreation fees for similar uses, activities, or
programs.
(d) Limitations on Recreation Fees.--
(1) Prohibition on fees for certain activities or
services.--The Secretary shall not charge any standard amenity
recreation fee or expanded amenity recreation fee for Federal
recreational lands and waters administered by the Bureau of Land
Management, the Forest Service, or the Bureau of Reclamation
under this Act for any of the following:
(A) Solely for parking, undesignated parking, or
picnicking along roads or trailsides.
(B) For general access unless specifically
authorized under this section.
(C) For dispersed areas with low or no investment
unless specifically authorized under this section.
(D) For persons who are driving through, walking
through, boating through, horseback riding through, or
hiking through Federal recreational lands and waters
without using the facilities and services.
(E) For camping at undeveloped sites that do not
provide a minimum number of facilities and services as
described in subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
(G) For travel by private, noncommercial vehicle
over any national parkway or any road or highway
established as a part of the Federal-aid System, as
defined in section 101 of title 23, United States Code,
which is commonly used by the public as a means of
travel between two places either or both of which are
outside any unit or area at which recreation fees are
charged under this Act.
(H) For travel by private, noncommercial vehicle,
boat, or aircraft over any road or highway, waterway, or
airway to any land in which such person has any property
right if such land is within any unit or area at which
recreation fees are charged under this Act.
(I) For any person who has a right of access for
hunting or fishing privileges under a specific provision
of law or treaty.
(J) For any person who is engaged in the conduct of
official Federal, State, Tribal, or local government
business.
(K) For special attention or extra services
necessary to meet the needs of the disabled.
(2) Relation to fees for use of highways or roads.--An
entity that pays a special recreation permit fee or similar
permit fee shall not be subject to a road cost-sharing fee or a
fee for the use of highways or roads that are open to private,
noncommercial use within the boundaries of any Federal
recreational lands or waters, as authorized under section 6 of
Public Law 88-657 (16 U.S.C. 537; commonly known as the Forest
Roads and Trails Act).
(3) Prohibition on fees for certain persons or places.--The
Secretary shall not charge an entrance fee or standard amenity
recreation fee for the following:
(A) Any person under 16 years of age.
[[Page 118 STAT. 3380]]
(B) Outings conducted for noncommercial educational
purposes by schools or bona fide academic institutions.
(C) The U.S.S. Arizona Memorial, Independence
National Historical Park, any unit of the National Park
System within the District of Columbia, or Arlington
House-Robert E. Lee National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great Smoky
Mountains National Park or any part thereof unless fees
are charged for entrance into that park on main highways
and thoroughfares.
(F) Entrance on units of the National Park System
containing deed restrictions on charging fees.
(G) An area or unit covered under section 203 of the
Alaska National Interest Lands Conservation Act (Public
Law 96-487; 16 U.S.C. 410hh-2), with the exception of
Denali National Park and Preserve.
(H) A unit of the National Wildlife Refuge System
created, expanded, or modified by the Alaska National
Interest Lands Conservation Act (Public Law 96-487).
(I) Any person who visits a unit or area under the
jurisdiction of the United States Fish and Wildlife
Service and who has been issued a valid migratory bird
hunting and conservation stamp issued under section 2 of
the Act of March 16, 1934 (16 U.S.C. 718b; commonly
known as the Duck Stamp Act).
(J) Any person engaged in a nonrecreational activity
authorized under a valid permit issued under any other
Act, including a valid grazing permit.
(4) No restriction on recreation opportunities.--Nothing in
this Act shall limit the use of recreation opportunities only to
areas designated for collection of recreation fees.
(e) Entrance Fee.--
(1) Authorized sites for entrance fees.--The Secretary of
the Interior may charge an entrance fee for a unit of the
National Park System, including a national monument administered
by the National Park Service, or for a unit of the National
Wildlife Refuge System.
(2) Prohibited sites.--The Secretary shall not charge an
entrance fee for Federal recreational lands and waters managed
by the Bureau of Land Management, the Bureau of Reclamation, or
the Forest Service.
(f) Standard Amenity Recreation Fee.--Except as limited by
subsection (d), the Secretary may charge a standard amenity recreation
fee for Federal recreational lands and waters under the jurisdiction of
the Bureau of Land Management, the Bureau of Reclamation, or the Forest
Service, but only at the following:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center that
provides a broad range of interpretive services, programs, and
media.
(4) An area--
(A) that provides significant opportunities for
outdoor recreation;
(B) that has substantial Federal investments;
(C) where fees can be efficiently collected; and
(D) that contains all of the following amenities:
[[Page 118 STAT. 3381]]
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or kiosk.
(v) Picnic tables.
(vi) Security services.
(g) Expanded Amenity Recreation Fee.--
(1) NPS and usfws authority.--Except as limited by
subsection (d), the Secretary of the Interior may charge an
expanded amenity recreation fee, either in addition to an
entrance fee or by itself, at Federal recreational lands and
waters under the jurisdiction of the National Park Service or
the United States Fish and Wildlife Service when the Secretary
of the Interior determines that the visitor uses a specific or
specialized facility, equipment, or service.
(2) Other federal land management agencies.--Except as
limited by subsection (d), the Secretary may charge an expanded
amenity recreation fee, either in addition to a standard amenity
fee or by itself, at Federal recreational lands and waters under
the jurisdiction of the Forest Service, the Bureau of Land
Management, or the Bureau of Reclamation, but only for the
following facilities or services:
(A) Use of developed campgrounds that provide at
least a majority of the following:
(i) Tent or trailer spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an employee
or agent of the Federal land management agency.
(vi) Reasonable visitor protection.
(vii) Refuse containers.
(viii) Toilet facilities.
(ix) Simple devices for containing a campfire.
(B) Use of highly developed boat launches with
specialized facilities or services such as mechanical or
hydraulic boat lifts or facilities, multi-lane paved
ramps, paved parking, restrooms and other improvements
such as boarding floats, loading ramps, or fish cleaning
stations.
(C) Rental of cabins, boats, stock animals,
lookouts, historic structures, group day-use or
overnight sites, audio tour devices, portable sanitation
devices, binoculars or other equipment.
(D) Use of hookups for electricity, cable, or sewer.
(E) Use of sanitary dump stations.
(F) Participation in an enhanced interpretive
program or special tour.
(G) Use of reservation services.
(H) Use of transportation services.
(I) Use of areas where emergency medical or first-
aid services are administered from facilities staffed by
public employees or employees under a contract or
reciprocal agreement with the Federal Government.
(J) Use of developed swimming sites that provide at
least a majority of the following:
(i) Bathhouse with showers and flush toilets.
(ii) Refuse containers.
[[Page 118 STAT. 3382]]
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards.
(vi) Floats encompassing the swimming area.
(vii) Swimming deck.
(h) Special Recreation Permit Fee.--The Secretary may issue a
special recreation permit, and charge a special recreation permit fee in
connection with the issuance of the permit, for specialized recreation
uses of Federal recreational lands and waters, such as group activities,
recreation events, motorized recreational vehicle use.
SEC. 804. <<NOTE: 16 USC 6803.>> PUBLIC PARTICIPATION.
(a) In General.--As required in this section, the Secretary shall
provide the public with opportunities to participate in the development
of or changing of a recreation fee established under this Act.
(b) Advance Notice.--The <<NOTE: Federal
Register, publication.>> Secretary shall publish a notice in the Federal
Register of the establishment of a new recreation fee area for each
agency 6 months before establishment. The Secretary shall publish notice
of a new recreation fee or a change to an existing recreation fee
established under this Act in local newspapers and publications located
near the site at which the recreation fee would be established or
changed.
(c) Public Involvement.--Before establishing any new recreation fee
area, the Secretary shall provide opportunity for public involvement
by--
(1) <<NOTE: Guidelines.>> establishing guidelines for public
involvement;
(2) establishing guidelines on how agencies will demonstrate
on an annual basis how they have provided information to the
public on the use of recreation fee revenues; and
(3) <<NOTE: Federal Register, publication.>> publishing the
guidelines in paragraphs (1) and (2) in the Federal Register.
(d) Recreation Resource Advisory Committee.--
(1) Establishment.--
(A) Authority to establish.--Except as provided in
subparagraphs (C) and (D), the Secretary or the
Secretaries shall establish a Recreation Resource
Advisory Committee in each State or region for Federal
recreational lands and waters managed by the Forest
Service or the Bureau of Land Management to perform the
duties described in paragraph (2).
(B) Number of committees.--The Secretary may have as
many additional Recreation Resource Advisory Committees
in a State or region as the Secretary considers
necessary for the effective operation of this Act.
(C) Exception.--The Secretary shall not establish a
Recreation Resource Advisory Committee in a State if the
Secretary determines, in consultation with the Governor
of the State, that sufficient interest does not exist to
ensure that participation on the Committee is balanced
in terms of the points of view represented and the
functions to be performed.
(D) Use of other entities.--In lieu of establishing
a Recreation Resource Advisory Committee under
subparagraph (A), the Secretary may use a Resource
Advisory Committee established pursuant to another
provision of
[[Page 118 STAT. 3383]]
law and in accordance with that law or a recreation fee
advisory board otherwise established by the Secretary to
perform the duties specified in paragraph (2).
(2) Duties.--In accordance with the procedures required by
paragraph (9), a Recreation Resource Advisory Committee may make
recommendations to the Secretary regarding a standard amenity
recreation fee or an expanded amenity recreation fee, whenever
the recommendations relate to public concerns in the State or
region covered by the Committee regarding--
(A) the implementation of a standard amenity
recreation fee or an expanded amenity recreation fee or
the establishment of a specific recreation fee site;
(B) the elimination of a standard amenity recreation
fee or an expanded amenity recreation fee; or
(C) the expansion or limitation of the recreation
fee program.
(3) Meetings.--A Recreation Resource Advisory Committee
shall meet at least annually, but may, at the discretion of the
Secretary, meet as often as needed to deal with citizen concerns
about the recreation fee program in a timely manner.
(4) Notice of rejection.--If
the <<NOTE: Deadline.>> Secretary rejects the recommendation of
a Recreation Resource Advisory Committee, the Secretary shall
issue a notice that identifies the reasons for rejecting the
recommendation to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate not later than 30 days before the
Secretary implements a decision pertaining to that
recommendation.
(5) Composition of the advisory committee.--
(A) Number.--A Recreation Resource Advisory
Committee shall be comprised of 11 members.
(B) Nominations.--The Governor and the designated
county official from each county in the relevant State
or Region may submit a list of nominations in the
categories described under subparagraph (D).
(C) Appointment.--The Secretary may appoint members
of the Recreation Resource Advisory Committee from the
list as provided in subparagraph (B).
(D) Broad and balanced representation.--In
appointing the members of a Recreation Resource Advisory
Committee, the Secretary shall provide for a balanced
and broad representation from the recreation community
that shall include the following:
(i) Five persons who represent recreation
users and that include, as appropriate, persons
representing the following:
(I) Winter motorized recreation,
such as snowmobiling.
(II) Winter non-motorized
recreation, such as snowshoeing, cross
country and down hill skiing, and
snowboarding.
(III) Summer motorized recreation,
such as motorcycles, boaters, and off-
highway vehicles.
(IV) Summer nonmotorized recreation,
such as backpacking, horseback riding,
mountain biking, canoeing, and rafting.
[[Page 118 STAT. 3384]]
(V) Hunting and fishing.
(ii) Three persons who represent interest
groups that include, as appropriate, the
following:
(I) Motorized outfitters and guides.
(II) Non-motorized outfitters and
guides.
(III) Local environmental groups.
(iii) Three persons, as follows:
(I) State tourism official to
represent the State.
(II) A person who represents
affected Indian tribes.
(III) A person who represents
affected local government interests.
(6) Term.--
(A) Length of term.--The Secretary shall appoint the
members of a Recreation Resource Advisory Committee for
staggered terms of 2 and 3 years beginning on the date
that the members are first appointed. The Secretary may
reappoint members to subsequent 2- or 3-year terms.
(B) Effect of vacancy.--The Secretary shall make
appointments to fill a vacancy on a Recreation Resource
Advisory Committee as soon as practicable after the
vacancy has occurred.
(C) Effect of unexpected vacancy.--Where an
unexpected vacancy occurs, the Governor and the
designated county officials from each county in the
relevant State shall provide the Secretary with a list
of nominations in the relevant category, as described
under paragraph (5)(D), not later than two months after
notification of the vacancy. To the extent possible, a
vacancy shall be filled in the same category and term in
which the original appointment was made.
(7) Chairperson.--The chairperson of a Recreation Resource
Advisory Committee shall be selected by the majority vote of the
members of the Committee.
(8) Quorum.--Eight members shall constitute a quorum. A
quorum must be present to constitute an official meeting of a
Recreation Resource Advisory Committee.
(9) Approval procedures.--A Recreation Resource Advisory
Committee shall establish procedures for making recommendations
to the Secretary. A recommendation may be submitted to the
Secretary only if the recommendation is approved by a majority
of the members of the Committee from each of the categories
specified in paragraph (5)(D) and general public support for the
recommendation is documented.
(10) Compensation.--Members of the Recreation Resource
Advisory Committee shall not receive any compensation.
(11) Public participation in the recreation resource
advisory committee.--
(A) Notice of meetings.--
All <<NOTE: Newspaper, publication. Federal
Register, publication.>> meetings of a Recreation
Resource Advisory Committee shall be announced at least
one week in advance in a local newspaper of record and
the Federal Register, and shall be open to the public.
(B) Records.--A <<NOTE: Public
information.>> Recreation Resource Advisory Committee
shall maintain records of the meetings of the Recreation
Resource Advisory Committee and make the records
available for public inspection.
[[Page 118 STAT. 3385]]
(12) Federal advisory committee act.--A Recreation Resource
Advisory Committee is subject to the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.).
(e) Miscellaneous Administrative Provisions Regarding Recreation
Fees and Recreation Passes.--
(1) Notice of entrance fees, standard amenity recreation
fees, and passes.--The Secretary shall post clear notice of any
entrance fee, standard amenity recreation fee, and available
recreation passes at appropriate locations in each unit or area
of a Federal land management agency where an entrance fee or a
standard amenity recreation fee is charged. The Secretary shall
include such notice in publications distributed at the unit or
area.
(2) Notice of recreation fee projects.--To the extent
practicable, the Secretary shall post clear notice of locations
where work is performed using recreation fee or recreation pass
revenues collected under this Act.
SEC. 805. <<NOTE: 16 USC 6804.>> RECREATION PASSES.
(a) America the Beautiful--the National Parks and Federal
Recreational Lands Pass.--
(1) Availability and use.--The Secretaries shall establish,
and may charge a fee for, an interagency national pass to be
known as the ``America the Beautiful--the National Parks and
Federal Recreational Lands Pass'', which shall cover the
entrance fee and standard amenity recreation fee for all Federal
recreational lands and waters for which an entrance fee or a
standard amenity recreation fee is charged.
(2) Image competition for recreation pass.--The Secretaries
shall hold an annual competition to select the image to be used
on the National Parks and Federal Recreational Lands Pass for a
year. The competition shall be open to the public and used as a
means to educate the American people about Federal recreational
lands and waters.
(3) Notice of establishment.--The <<NOTE: Federal
Register, publication.>> Secretaries shall publish a notice in
the Federal Register when the National Parks and Federal
Recreational Lands Pass is first established and available for
purchase.
(4) Duration.--The National Parks and Federal Recreational
Lands Pass shall be valid for a period of 12 months from the
date of the issuance of the recreation pass to a passholder,
except in the case of the age and disability discounted passes
issued under subsection (b).
(5) Price.--The Secretaries shall establish the price at
which the National Parks and Federal Recreational Lands Pass
will be sold to the public.
(6) Sales locations and marketing.--
(A) In general.--The Secretary shall sell the
National Parks and Federal Recreational Lands Pass at
all Federal recreational lands and waters at which an
entrance fee or a standard amenity recreation fee is
charged and at such other locations as the Secretaries
consider appropriate and feasible.
(B) Use of vendors.--The Secretary may enter into
fee management agreements as provided in section 6.
[[Page 118 STAT. 3386]]
(C) Marketing.--The Secretaries shall take such
actions as are appropriate to provide for the active
marketing of the National Parks and Federal Recreational
Lands Pass.
(7) Administrative guidelines.--The Secretaries shall issue
guidelines on administration of the National Parks and Federal
Recreational Lands Pass, which shall include agreement on price,
the distribution of revenues between the Federal land management
agencies, the sharing of costs, benefits provided, marketing and
design, adequate documentation for age and disability discounts
under subsection (b), and the issuance of that recreation pass
to volunteers. The Secretaries shall take into consideration all
relevant visitor and sales data available in establishing the
guidelines.
(8) Development and implementation agreements.--The
Secretaries may enter into cooperative agreements with
governmental and nongovernmental entities for the development
and implementation of the National Parks and Federal
Recreational Lands Pass Program.
(9) Prohibition on other national recreation passes.--The
Secretary may not establish any national recreation pass, except
as provided in this section.
(b) Discounted Passes.--
(1) Age discount.--The Secretary shall make the National
Parks and Federal Recreational Lands Pass available, at a cost
of $10.00, to any United States citizen or person domiciled in
the United States who is 62 years of age or older, if the
citizen or person provides adequate proof of such age and such
citizenship or residency. The National Parks and Federal
Recreational Lands Pass made available under this subsection
shall be valid for the lifetime of the pass holder.
(2) Disability discount.--The Secretary shall make the
National Parks and Federal Recreational Lands Pass available,
without charge, to any United States citizen or person domiciled
in the United States who has been medically determined to be
permanently disabled for purposes of section 7(20)(B)(i) of the
Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the
citizen or person provides adequate proof of the disability and
such citizenship or residency. The National Parks and Federal
Recreational Lands Pass made available under this subsection
shall be valid for the lifetime of the passholder.
(c) Site-Specific Agency Passes.--The Secretary may establish and
charge a fee for a site-specific pass that will cover the entrance fee
or standard amenity recreation fee for particular Federal recreational
lands and waters for a specified period not to exceed 12 months.
(d) Regional Multientity Passes.--
(1) Passes authorized.--The Secretary may establish and
charge a fee for a regional multientity pass that will be
accepted by one or more Federal land management agencies or by
one or more governmental or nongovernmental entities for a
specified period not to exceed 12 months. To include a Federal
land management agency or governmental or nongovernmental entity
over which the Secretary does not have jurisdiction, the
Secretary shall obtain the consent of the head of such agency or
entity.
[[Page 118 STAT. 3387]]
(2) Regional multientity pass agreement.--In order to
establish a regional multientity pass under this subsection, the
Secretary shall enter into a regional multientity pass agreement
with all the participating agencies or entities on price, the
distribution of revenues between participating agencies or
entities, the sharing of costs, benefits provided, marketing and
design, and the issuance of the pass to volunteers. The
Secretary shall take into consideration all relevant visitor and
sales data available when entering into this agreement.
(e) Discounted or Free Admission Days or Use.--The Secretary may
provide for a discounted or free admission day or use of Federal
recreational lands and waters.
(f) Effect on Existing Passports and Permits.--
(1) Existing passports.--A passport issued under section 4
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-6a) or title VI of the National Parks Omnibus Management
Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995), such as
the Golden Eagle Passport, the Golden Age Passport, the Golden
Access Passport, and the National Parks Passport, that was valid
on the day before the publication of the Federal Register notice
required under subsection (a)(3) shall be valid in accordance
with the terms agreed to at the time of issuance of the
passport, to the extent practicable, and remain in effect until
expired, lost, or stolen.
(2) Permits.--A permit issued under section 4 of the Land
and Water Conservation Fund Act of 1965 that was valid on the
day before the date of the enactment of this Act shall be valid
and remain in effect until expired, revoked, or suspended.
SEC. 806. <<NOTE: 16 USC 6805.>> COOPERATIVE AGREEMENTS.
(a) Fee Management Agreement.--Notwithstanding chapter 63 of title
31, United States Code, the Secretary may enter into a fee management
agreement, including a contract, which may provide for a reasonable
commission, reimbursement, or discount, with the following entities for
the following purposes:
(1) With any governmental or nongovernmental entity,
including those in a gateway community, for the purpose of
obtaining fee collection and processing services, including
visitor reservation services.
(2) With any governmental or nongovernmental entity,
including those in a gateway community, for the purpose of
obtaining emergency medical services.
(3) With any governmental entity, including those in a
gateway community, to obtain law enforcement services.
(b) Revenue Sharing.--A State or legal subdivision of a State that
enters into an agreement with the Secretary under subsection (a) may
share in a percentage of the revenues collected at the site in
accordance with that fee management agreement.
(c) County Proposals.--The Secretary shall consider any proposal
submitted by a county to provide services described in subsection (a).
If the Secretary decides not to enter into a fee management agreement
with the county under subsection (a), the Secretary shall notify the
county in writing of the decision, identifying the reasons for the
decision. The fee management agreement may include cooperative site
planning and management provisions.
[[Page 118 STAT. 3388]]
SEC. 807. <<NOTE: 16 USC 6806.>> SPECIAL ACCOUNT AND DISTRIBUTION OF
FEES AND REVENUES.
(a) Special Account.--The Secretary of the Treasury shall establish
a special account in the Treasury for each Federal land management
agency.
(b) Deposits.--Subject to subsections (c), (d), and (e), revenues
collected by each Federal land management agency under this Act shall--
(1) be deposited in its special account; and
(2) remain available for expenditure, without further
appropriation, until expended.
(c) Distribution of Recreation Fees and Single-Site Agency Pass
Revenues.--
(1) Local distribution of funds.--
(A) Retention of revenues.--Not less than 80 percent
of the recreation fees and site-specific agency pass
revenues collected at a specific unit or area of a
Federal land management agency shall remain available
for expenditure, without further appropriation, until
expended at that unit or area.
(B) Reduction.--The Secretary may reduce the
percentage allocation otherwise applicable under
subparagraph (A) to a unit or area of a Federal land
management agency, but not below 60 percent, for a
fiscal year if the Secretary determines that the
revenues collected at the unit or area exceed the
reasonable needs of the unit or area for which
expenditures may be made for that fiscal year.
(2) Agency-wide distribution of funds.--The balance of the
recreation fees and site-specific agency pass revenues collected
at a specific unit or area of a Federal land management and not
distributed in accordance with paragraph (1) shall remain
available to that Federal land management agency for expenditure
on an agency-wide basis, without further appropriation, until
expended.
(3) Other amounts.--Other amounts collected at other
locations, including recreation fees collected by other entities
or for a reservation service, shall remain available, without
further appropriation, until expended in accordance with
guidelines established by the Secretary.
(d) Distribution of National Parks and Federal Recreational Lands
Pass Revenues.--Revenues collected from the sale of the National Parks
and Federal Recreational Lands Pass shall be deposited in the special
accounts established for the Federal land management agencies in
accordance with the guidelines issued under section 5(a)(7).
(e) Distribution of Regional Multientity Pass Revenues.--Revenues
collected from the sale of a regional multientity pass authorized under
section 5(d) shall be deposited in each participating Federal land
management agency's special account in accordance with the terms of the
region multientity pass agreement for the regional multientity pass.
SEC. 808. <<NOTE: 16 USC 6807.>> EXPENDITURES.
(a) Use of Fees at Specific Site or Area.--Amounts available for
expenditure at a specific site or area--
[[Page 118 STAT. 3389]]
(1) shall be accounted for separately from the amounts
collected;
(2) may be distributed agency-wide; and
(3) shall be used only for--
(A) repair, maintenance, and facility enhancement
related directly to visitor enjoyment, visitor access,
and health and safety;
(B) interpretation, visitor information, visitor
service, visitor needs assessments, and signs;
(C) habitat restoration directly related to
wildlife-dependent recreation that is limited to
hunting, fishing, wildlife observation, or photography;
(D) law enforcement related to public use and
recreation;
(E) direct operating or capital costs associated
with the recreation fee program; and
(F) a fee management agreement established under
section 6(a) or a visitor reservation service.
(b) Limitation on Use of Fees.--The Secretary may not use any
recreation fees for biological monitoring on Federal recreational lands
and waters under the Endangered Species Act of 1973 for listed or
candidate species.
(c) Administration, Overhead, and Indirect Costs.--The Secretary may
use not more than an average of 15 percent of total revenues collected
under this Act for administration, overhead, and indirect costs related
to the recreation fee program by that Secretary.
(d) Transitional Exception.--Notwithstanding any other provision of
this Act, the Secretary may use amounts available in the special account
of a Federal land management agency to supplement administration and
marketing costs associated with--
(1) the National Parks and Federal Recreational Lands Pass
during the 5-year period beginning on the date the joint
guidelines are issued under section 5(a)(7); and
(2) a regional multientity pass authorized section 5(d)
during the 5-year period beginning on the date the regional
multientity pass agreement for that recreation pass takes
effect.
SEC. 809. <<NOTE: 16 USC 6808.>> REPORTS.
Not later than May 1, 2006, and every 3 years thereafter, the
Secretary shall submit to Congress a report detailing the status of the
recreation fee program conducted for Federal recreational lands and
waters, including an evaluation of the recreation fee program, examples
of projects that were funded using such fees, and future projects and
programs for funding with fees, and containing any recommendations for
changes in the overall fee system.
SEC. 810. <<NOTE: 16 USC 6809.>> SUNSET PROVISION.
The authority of the Secretary to carry out this Act shall terminate
10 years after the date of the enactment of this Act.
SEC. 811. <<NOTE: 16 USC 6810.>> VOLUNTEERS.
(a) Authority to Use Volunteers.--The Secretary may use volunteers,
as appropriate, to collect recreation fees and sell recreation passes.
(b) Waiver or Discount of Fees; Site-Specific Agency Pass.--In
exchange for volunteer services, the Secretary may waive or discount an
entrance fee, standard amenity recreation fee, or
[[Page 118 STAT. 3390]]
an expanded amenity recreation fee that would otherwise apply to the
volunteer or issue to the volunteer a site-specific agency pass
authorized under section 5(c).
(c) National Parks and Federal Recreational Lands Pass.--In
accordance with the guidelines issued under section 5(a)(7), the
Secretaries may issue a National Parks and Federal Recreational Lands
Pass to a volunteer in exchange for significant volunteer services
performed by the volunteer.
(d) Regional Multientity Passes.--The Secretary may issue a regional
multientity pass authorized under section 5(d) to a volunteer in
exchange for significant volunteer services performed by the volunteer,
if the regional multientity pass agreement under which the regional
multientity pass was established provides for the issuance of the pass
to volunteers.
SEC. 812. <<NOTE: 16 USC 6811.>> ENFORCEMENT AND PROTECTION OF RECEIPTS.
(a) Enforcement Authority.--The Secretary concerned shall enforce
payment of the recreation fees authorized by this Act.
(b) Evidence of Nonpayment.--If the display of proof of payment of a
recreation fee, or the payment of a recreation fee within a certain time
period is required, failure to display such proof as required or to pay
the recreation fee within the time period specified shall constitute
nonpayment.
(c) Joint Liability.--The registered owner and any occupant of a
vehicle charged with a nonpayment violation involving the vehicle shall
be jointly liable for penalties imposed under this section, unless the
registered owner can show that the vehicle was used without the
registered owner's express or implied permission.
(d) Limitation on Penalties.--The failure to pay a recreation fee
established under this Act shall be punishable as a Class A or Class B
misdemeanor, except that in the case of a first offense of nonpayment,
the fine imposed may not exceed $100, notwithstanding section 3571(e) of
title 18, United States Code.
SEC. 813. <<NOTE: 16 USC 6812.>> REPEAL OF SUPERSEDED ADMISSION AND USE
FEE AUTHORITIES.
(a) Land and <<NOTE: Federal Register, publication.>> Water
Conservation Fund Act.--Subsections (a), (b), (c), (d), (e), (f), (g),
and (i) of section 4 of the Land and Water Conservation Fund Act
of <<NOTE: 16 USC 460l-6a.>> 1965 (16 U.S.C. 460l-6a et seq.) are
repealed, except that the Secretary may continue to issue Golden Eagle
Passports, Golden Age Passports, and Golden Access Passports under such
section until the date the notice required by section 5(a)(3) is
published in the Federal Register regarding the establishment of the
National Parks and Federal Recreational Lands Pass.
(b) Recreational Fee Demonstration Program.--Section 315 of the
Department of the Interior and Related Agencies Appropriations Act, 1996
(as contained in section 101(c) of Public Law 104-134; 16 U.S.C. 460l-
6a), <<NOTE: 16 USC 460l-6a.>> is repealed.
(c) Admission Permits for Refuge Units.--Section 201 of the
Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is repealed.
(d) National <<NOTE: Effective date.>> Park Passport, Golden Eagle
Passport, Golden Age Passport, and Golden Access Passport.--Effective on
the date the notice required by section 5(a)(3) is published in the
Federal Register, the following provisions of law authorizing the
establishment of a national park passport program or the
[[Page 118 STAT. 3391]]
establishment and sale of a national park passport, Golden Eagle
Passport, Golden Age Passport, or Golden Access Passport are repealed:
(1) Section 502 of the National Parks Omnibus Management Act
of 1998 (Public Law 105-391; 16 U.S.C. 5982).
(2) Title VI of the National Parks Omnibus Management Act of
1998 (Public Law 105-391; 16 U.S.C. 5991-5995).
(e) Treatment of Unobligated Funds.--
(1) Land and water conservation fund special accounts.--
Amounts in the special accounts established under section
4(i)(1) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-6a(i)(1)) for Federal land management agencies that
are unobligated on the date of the enactment of this Act shall
be transferred to the appropriate special account established
under section 7 and shall be available to the Secretary in
accordance with this Act. A special account established under
section 4(i)(1) of the Land and Water Conservation Fund Act of
1965 for a Federal agency that is not a Federal land management
area, and the use of such special account, is not affected by
the repeal of section 4 of the Land and Water Conservation Fund
Act of 1965 by subsection (a) of this section.
(2) National parks passport.--Any funds collected under
title VI of the National Parks Omnibus Management Act of 1998
(Public Law 105-391; 16 U.S.C. 5991-5995) that are unobligated
on the day before the publication of the Federal Register notice
required under section 5(a)(3) shall be transferred to the
special account of the National Park Service for use in
accordance with this Act. The Secretary of the Interior may use
amounts available in that special account to pay any outstanding
administration, marketing, or close-out costs associated with
the national parks passport.
(3) Recreational fee demonstration program.--Any funds
collected in accordance with section 315 of the Department of
the Interior and Related Agencies Appropriations Act, 1996 (as
contained in section 101(c) of Public Law 104-134; 16 U.S.C.
460l-6a), that are unobligated on the day before the date of the
enactment of this Act shall be transferred to the appropriate
special account and shall be available to the Secretary in
accordance with this Act.
(4) Admission permits for refuge units.--Any funds collected
in accordance with section 201 of the Emergency Wetlands
Resources Act of 1986 (16 U.S.C. 3911) that are available as
provided in subsection (c)(A) of such section and are
unobligated on the day before the date of the enactment of this
Act shall be transferred to the special account of the United
States Fish and Wildlife Service for use in accordance with this
Act.
(f) Effect of Regulations.--A regulation or policy issued under a
provision of law repealed by this section shall remain in effect to the
extent such a regulation or policy is consistent with the provisions of
this Act until the Secretary issues a regulation, guideline, or policy
under this Act that supersedes the earlier regulation.
[[Page 118 STAT. 3392]]
SEC. 814. <<NOTE: 16 USC 6813.>> RELATION TO OTHER LAWS AND FEE
COLLECTION AUTHORITIES.
(a) Federal and State Laws Unaffected.--Nothing in this Act shall
authorize Federal hunting or fishing licenses or fees or charges for
commercial or other activities not related to recreation, affect any
rights or authority of the States with respect to fish and wildlife, or
repeal or modify any provision of law that permits States or political
subdivisions of States to share in the revenues from Federal lands or,
except as provided in subsection (b), any provision of law that provides
that any fees or charges collected at particular Federal areas be used
for or credited to specific purposes or special funds as authorized by
that provision of law.
(b) Relation to Revenue Allocation Laws.--Amounts collected under
this Act, and the existence of a fee management agreement with a
governmental entity under section 6(a), may not be taken into account
for the purposes of any of the following laws:
(1) The sixth paragraph under the heading ``Forest service''
in the Act of May 23, 1908 (16 U.S.C. 500).
(2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500;
commonly known as the Weeks Act).
(3) The fourteenth paragraph under the heading ``Forest
service'' in the Act of March 4, 1913 (16 U.S.C. 501).
(4) Section 33 of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1012).
(5) Title II of the Act of August 8, 1937, and the Act of
May 24, 1939 (43 U.S.C. 1181f et seq.).
(6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869-4).
(7) Chapter 69 of title 31, United States Code.
(8) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s;
commonly known as the Refuge Revenue Sharing Act).
(9) The Secure Rural Schools and Community Self-
Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500
note), except that the exception made for such Act by this
subsection is unique and is not intended to be construed as
precedent for amounts collected from the use of Federal lands
under any other provision of law.
(10) Section 2 of the Boulder Canyon Project Adjustment Act
(43 U.S.C. 618a).
(11) The Federal Water Project Recreation Act (16 U.S.C.
460l-12 et seq.).
(12) The first section of the Act of June 17, 1902, as
amended or supplemented (43 U.S.C. 391).
(13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.;
commonly known as the Mineral Leasing Act).
(14) Section 4(e) of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 31 U.S.C. 6901
note).
(15) Section 5(a) of the Lincoln County Land Act of 2000
(Public Law 106-298; 114 Stat. 1047).
(16) Any other provision of law relating to revenue
allocation.
(c) Consideration of Other Funds Collected.--Amounts collected under
any other law may not be disbursed under this Act.
[[Page 118 STAT. 3393]]
(d) Sole Recreation Fee Authority.--Recreation fees charged under
this Act shall be in lieu of fees charged for the same purposes under
any other provision of law.
(e) Fees Charged by Third Parties.--Notwithstanding any other
provision of this Act, a third party may charge a fee for providing a
good or service to a visitor of a unit or area of the Federal land
management agencies in accordance with any other applicable law or
regulation.
(f) Migratory Bird Hunting Stamp Act.--Revenues from the stamp
established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.;
commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp
Act), shall not be covered by this Act.
SEC. 815. <<NOTE: 16 USC 6814.>> LIMITATION ON USE OF FEES FOR EMPLOYEE
BONUSES.
Notwithstanding any other provision of law, fees collected under the
authorities of the Act may not be used for employee bonuses.
TITLE IX--SATELLITE <<NOTE: Satellite Home Viewer Extension and
Reauthorization Act of 2004.>> HOME VIEWER EXTENSION AND REAUTHORIZATION
ACT OF 2004
SECTION 1. SHORT TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This <<NOTE: 17 USC 101 note.>> title may be
cited as the ``Satellite Home Viewer Extension and Reauthorization Act
of 2004'' or the ``W. J. (Billy) Tauzin Satellite Television Act of
2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short titles; table of contents.
TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS
Sec. 101. Extension of authority.
Sec. 102. Reporting of subscribers; significantly viewed and other
signals; technical amendments.
Sec. 103. Statutory license for satellite carriers outside local
markets.
Sec. 104. Statutory license for satellite retransmission of low power
television stations.
Sec. 105. Definitions.
Sec. 106. Effect on certain proceedings.
Sec. 107. Statutory license for satellite carriers retransmitting
superstation signals to commercial establishments.
Sec. 108. Expedited consideration of voluntary agreements to provide
satellite secondary transmissions to local markets.
Sec. 109. Study.
Sec. 110. Additional study.
Sec. 111. Special rules.
Sec. 112. Technical amendment.
TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS
Sec. 201. Extension of retransmission consent exemption.
Sec. 202. Cable/satellite comparability.
Sec. 203. Carriage of local stations on a single dish.
Sec. 204. Replacement of distant signals with local signals.
Sec. 205. Additional notices to subscribers, networks, and stations
concerning signal carriage.
Sec. 206. Privacy rights of satellite subscribers.
Sec. 207. Reciprocal bargaining obligations.
Sec. 208. Study of impact on cable television service.
Sec. 209. Reduction of required tests.
Sec. 210. Satellite carriage of television stations in noncontiguous
States.
Sec. 211. Carriage of television signals to certain subscribers.
Sec. 212. Digital transition savings provision.
Sec. 213. Authorizing broadcast service in unserved areas of Alaska.
[[Page 118 STAT. 3394]]
TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS
SEC. 101. EXTENSION OF AUTHORITY.
(a) In General.--Section 4(a) of the Satellite Home Viewer Act of
1994 (17 U.S.C. 119 note; Public Law 103-369; 108 Stat. 3481) is amended
by striking ``December 31, 2004'' and inserting ``December 31, 2009''.
(b) Extension for Certain Subscribers.--Section 119(e) of title 17,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2009''.
SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND OTHER
SIGNALS; TECHNICAL AMENDMENTS.
Section 119(a) of title 17, United States Code, is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``and pbs
satellite feed'';
(B) in the first sentence, by striking ``(3), (4),
and (6)'' and inserting ``(5), (6), and (8)'';
(C) in the first sentence, by striking ``or by the
Public Broadcasting Service satellite feed''; and
(D) by striking the second sentence;
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``(3), (4),
(5), and (6)'' and inserting ``(5), (6), (7), and (8)'';
and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Exceptions.--
``(i) States <<NOTE: Applicability.>> with
single full-power network station.--In a State in
which there is licensed by the Federal
Communications Commission a single full-power
station that was a network station on January 1,
1995, the statutory license provided for in
subparagraph (A) shall apply to the secondary
transmission by a satellite carrier of the primary
transmission of that station to any subscriber in
a community that is located within that State and
that is not within the first 50 television markets
as listed in the regulations of the Commission as
in effect on such date (47 CFR 76.51).
``(ii) States <<NOTE: Applicability.>> with
all network stations and superstations in same
local market.--In a State in which all network
stations and superstations licensed by the Federal
Communications Commission within that State as of
January 1, 1995, are assigned to the same local
market and that local market does not encompass
all counties of that State, the statutory license
provided under subparagraph (A) shall apply to the
secondary transmission by a satellite carrier of
the primary transmissions of such station to all
subscribers in the State who reside in a local
market that is within the first 50 major
television markets as listed in the regulations of
the Commission as in effect on such date (section
76.51 of title 47 of the Code of Federal
Regulations).
[[Page 118 STAT. 3395]]
``(iii) Additional stations.--In the case of
that State in which are located 4 counties that--
``(I) on January 1, 2004, were in
local markets principally comprised of
counties in another State, and
``(II) had a combined total of
41,340 television households, according
to the U.S. Television Household
Estimates by Nielsen Media Research for
2004,
the statutory license provided under subparagraph
(A) shall apply to secondary transmissions by a
satellite carrier to subscribers in any such
county of the primary transmissions of any network
station located in that State, if the satellite
carrier was making such secondary transmissions to
any subscribers in that county on January 1, 2004.
``(iv)
Certain <<NOTE: Applicability.>> additional
stations.--If 2 adjacent counties in a single
State are in a local market comprised principally
of counties located in another State, the
statutory license provided for in subparagraph (A)
shall apply to the secondary transmission by a
satellite carrier to subscribers in those 2
counties of the primary transmissions of any
network station located in the capital of the
State in which such 2 counties are located, if--
``(I) the 2 counties are located in
a local market that is in the top 100
markets for the year 2003 according to
Nielsen Media Research; and
``(II) the total number of
television households in the 2 counties
combined did not exceed 10,000 for the
year 2003 according to Nielsen Media
Research.
``(v) Applicability of royalty rates.--The
royalty rates under subsection (b)(1)(B) apply to
the secondary transmissions to which the statutory
license under subparagraph (A) applies under
clauses (i), (ii), (iii), and (iv).
``(D) Submission of subscriber lists to networks.--
``(i) Initial lists.--
A <<NOTE: Deadline.>> satellite carrier that makes
secondary transmissions of a primary transmission
made by a network station pursuant to subparagraph
(A) shall, 90 days after commencing such secondary
transmissions, submit to the network that owns or
is affiliated with the network station--
``(I) a list identifying (by name
and address, including street or rural
route number, city, State, and zip code)
all subscribers to which the satellite
carrier makes secondary transmissions of
that primary transmission to subscribers
in unserved households; and
``(II) a separate list, aggregated
by designated market area (as defined in
section 122(j)) (by name and address,
including street or rural route number,
city, State, and zip code), which shall
indicate those subscribers being served
pursuant to paragraph (3), relating to
significantly viewed stations.
[[Page 118 STAT. 3396]]
``(ii) Monthly lists.--After the submission of
the initial lists under clause (i), on the 15th of
each month, the satellite carrier shall submit to
the network--
``(I) a list identifying (by name
and address, including street or rural
route number, city, State, and zip code)
any persons who have been added or
dropped as subscribers under clause
(i)(I) since the last submission under
clause (i); and
``(II) a separate list, aggregated
by designated market area (by name and
street address, including street or
rural route number, city, State, and zip
code), identifying those subscribers
whose service pursuant to paragraph (3),
relating to significantly viewed
stations, has been added or dropped.
``(iii) Use of subscriber information.--
Subscriber information submitted by a satellite
carrier under this subparagraph may be used only
for purposes of monitoring compliance by the
satellite carrier with this subsection.
``(iv) Applicability.--The submission
requirements of this subparagraph shall apply to a
satellite carrier only if the network to which the
submissions are to be made places on file with the
Register of Copyrights a document identifying the
name and address of the person to whom such
submissions are to be made. <<NOTE: Public
information. Records.>> The Register shall
maintain for public inspection a file of all such
documents.'';
(3) by striking paragraph (8);
(4) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively;
(5) by redesignating paragraphs (3) through (7) as
paragraphs (5) through (9), respectively;
(6) by inserting after paragraph (2) the following:
``(3) Secondary transmissions of significantly viewed
signals.--
``(A) In general.--
Notwithstanding <<NOTE: Applicability.>> the provisions
of paragraph (2)(B), and subject to subparagraph (B) of
this paragraph, the statutory license provided for in
paragraphs (1) and (2) shall apply to the secondary
transmission of the primary transmission of a network
station or a superstation to a subscriber who resides
outside the station's local market (as defined in
section 122(j)) but within a community in which the
signal has been determined by the Federal Communications
Commission, to be significantly viewed in such
community, pursuant to the rules, regulations, and
authorizations of the Federal Communications Commission
in effect on April 15, 1976, applicable to determining
with respect to a cable system whether signals are
significantly viewed in a community.
``(B) Limitation.--Subparagraph
(A) <<NOTE: Applicability.>> shall apply only to
secondary transmissions of the primary transmissions of
network stations and superstations to subscribers who
receive secondary transmissions from a satellite carrier
pursuant to the statutory license under section 122.
``(C) Waiver.--
[[Page 118 STAT. 3397]]
``(i) In general.--
A <<NOTE: Deadlines.>> subscriber who is denied
the secondary transmission of the primary
transmission of a network station under
subparagraph (B) may request a waiver from such
denial by submitting a request, through the
subscriber's satellite carrier, to the network
station in the local market affiliated with the
same network where the subscriber is located. The
network station shall accept or reject the
subscriber's request for a waiver within 30 days
after receipt of the request. If the network
station fails to accept or reject the subscriber's
request for a waiver within that 30-day period,
that network station shall be deemed to agree to
the waiver request. Unless specifically stated by
the network station, a waiver that was granted
before the date of the enactment of the Satellite
Home Viewer Extension and Reauthorization Act of
2004 under section 339(c)(2) of the Communications
Act of 1934 shall not constitute a waiver for
purposes of this subparagraph.
``(ii) Sunset.--The authority under clause (i)
to grant waivers shall terminate on December 31,
2008, and any such waiver in effect shall
terminate on that date.'';
(7) in paragraph (2)(B)(i), by adding at the end the
following new sentence: ``The limitation in this clause shall
not apply to secondary transmissions under paragraph (3).''.
SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL
MARKETS.
Section 119 of title 17, United States Code, is amended as follows:
(1) Subsection (a) is amended by inserting after paragraph
(3), as added by section 102 of this Act, the following:
``(4) Statutory license where retransmissions into local
market available.--
``(A) Rules for subscribers to analog signals under
subsection (e).--
``(i) For those receiving distant analog
signals.--In the case of a subscriber of a
satellite carrier who is eligible to receive the
secondary transmission of the primary analog
transmission of a network station solely by reason
of subsection (e) (in this subparagraph referred
to as a `distant analog signal'), and who, as of
October 1, 2004, is receiving the distant analog
signal of that network station, the following
shall apply:
``(I) <<NOTE: Applicability.>> In a
case in which the satellite carrier
makes available to the subscriber the
secondary transmission of the primary
analog transmission of a local network
station affiliated with the same
television network pursuant to the
statutory license under section 122, the
statutory license under paragraph (2)
shall apply only to secondary
transmissions by that satellite carrier
to that subscriber of the distant analog
signal of a station affiliated with the
same television network--
[[Page 118 STAT. 3398]]
``(aa) <<NOTE: Deadline.>> if,
within 60 days after receiving
the notice of the satellite
carrier under section 338(h)(1)
of the Communications Act of
1934, the subscriber elects to
retain the distant analog
signal; but
``(bb) only until such time
as the subscriber elects to
receive such local analog
signal.
``(II) <<NOTE: Deadline.>> Notwithstandin
g subclause (I), the statutory license
under paragraph (2) shall not apply with
respect to any subscriber who is
eligible to receive the distant analog
signal of a television network station
solely by reason of subsection (e),
unless the satellite carrier, within 60
days after the date of the enactment of
the Satellite Home Viewer Extension and
Reauthorization Act of 2004, submits to
that television network a list,
aggregated by designated market area (as
defined in section 122(j)(2)(C)), that--
``(aa) identifies that
subscriber by name and address
(street or rural route number,
city, State, and zip code) and
specifies the distant analog
signals received by the
subscriber; and
``(bb) states, to the best
of the satellite carrier's
knowledge and belief, after
having made diligent and good
faith inquiries, that the
subscriber is eligible under
subsection (e) to receive the
distant analog signals.
``(ii) For those not receiving distant analog
signals.--In the case of any subscriber of a
satellite carrier who is eligible to receive the
distant analog signal of a network station solely
by reason of subsection (e) and who did not
receive a distant analog signal of a station
affiliated with the same network on October 1,
2004, the statutory license under paragraph (2)
shall not apply to secondary transmissions by that
satellite carrier to that subscriber of the
distant analog signal of a station affiliated with
the same network.
``(B) Rules for <<NOTE: Applicability.>> other
subscribers.--In the case of a subscriber of a satellite
carrier who is eligible to receive the secondary
transmission of the primary analog transmission of a
network station under the statutory license under
paragraph (2) (in this subparagraph referred to as a
`distant analog signal'), other than subscribers to whom
subparagraph (A) applies, the following shall apply:
``(i) <<NOTE: Deadline.>> In a case in which
the satellite carrier makes available to that
subscriber, on January 1, 2005, the secondary
transmission of the primary analog transmission of
a local network station affiliated with the same
television network pursuant to the statutory
license under section 122, the statutory license
under paragraph (2) shall apply only to secondary
transmissions by that satellite carrier to that
subscriber of the distant analog signal of a
station affiliated with the same television
network if the subscriber's satellite
[[Page 118 STAT. 3399]]
carrier, not later than March 1, 2005, submits to
that television network a list, aggregated by
designated market area (as defined in section
122(j)(2)(C)), that identifies that subscriber by
name and address (street or rural route number,
city, State, and zip code) and specifies the
distant analog signals received by the subscriber.
``(ii) In a case in which the satellite
carrier does not make available to that
subscriber, on January 1, 2005, the secondary
transmission of the primary analog transmission of
a local network station affiliated with the same
television network pursuant to the statutory
license under section 122, the statutory license
under paragraph (2) shall apply only to secondary
transmissions by that satellite carrier of the
distant analog signal of a station affiliated with
the same network to that subscriber if--
``(I) that subscriber seeks to
subscribe to such distant analog signal
before the date on which such carrier
commences to provide pursuant to the
statutory license under section 122 the
secondary transmissions of the primary
analog transmission of stations from the
local market of such local network
station; and
``(II) <<NOTE: Deadline.>> the
satellite carrier, within 60 days after
such date, submits to each television
network a list that identifies each
subscriber in that local market provided
such an analog signal by name and
address (street or rural route number,
city, State, and zip code) and specifies
the distant analog signals received by
the subscriber.
``(C) Future applicability.--The statutory license
under paragraph (2) shall not apply to the secondary
transmission by a satellite carrier of a primary analog
transmission of a network station to a person who--
``(i) is not a subscriber lawfully receiving
such secondary transmission as of the date of the
enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004; and
``(ii) at the time such person seeks to
subscribe to receive such secondary transmission,
resides in a local market where the satellite
carrier makes available to that person the
secondary transmission of the primary analog
transmission of a local network station affiliated
with the same television network pursuant to the
statutory license under section 122, and such
secondary transmission of such primary
transmission can reach such person.
``(D) Special <<NOTE: Applicability.>> rules for
distant digital signals.--The statutory license under
paragraph (2) shall apply to secondary transmissions by
a satellite carrier to a subscriber of primary digital
transmissions of network stations if such secondary
transmissions to such subscriber are permitted under
section 339(a)(2)(D) of the Communications Act of 1934,
as in effect on the day after the date of the enactment
of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, except that the reference
[[Page 118 STAT. 3400]]
to section 73.683(a) of title 47, Code of Federal
Regulations, referred to in section 339(a)(2)(D)(i)(I)
shall refer to such section as in effect on the date of
the enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004.
``(E) Other provisions not affected.--This paragraph
shall not affect the applicability of the statutory
license to secondary transmissions under paragraph (3)
or to unserved households included under paragraph (12).
``(F) Waiver.--A subscriber who is denied the
secondary transmission of a network station under
subparagraph (C) or (D) may request a waiver from such
denial by submitting a request, through the subscriber's
satellite carrier, to the network station in the local
market affiliated with the same network where the
subscriber is located. The
network <<NOTE: Deadline.>> station shall accept or
reject the subscriber's request for a waiver within 30
days after receipt of the request. If the network
station fails to accept or reject the subscriber's
request for a waiver within that 30-day period, that
network station shall be deemed to agree to the waiver
request. Unless specifically stated by the network
station, a waiver that was granted before the date of
the enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 under section 339(c)(2) of
the Communications Act of 1934 shall not constitute a
waiver for purposes of this subparagraph.
``(G) Available defined.--For purposes of this
paragraph, a satellite carrier makes available a
secondary transmission of the primary transmission of a
local station to a subscriber or person if the satellite
carrier offers that secondary transmission to other
subscribers who reside in the same zip code as that
subscriber or person.''.
(2) Subsection (a) is amended by adding at the end the
following:
``(14) Waivers.--A subscriber who is denied the secondary
transmission of a signal of a network station under subsection
(a)(2)(B) may request a waiver from such denial by submitting a
request, through the subscriber's satellite carrier, to the
network station asserting that the secondary transmission is
prohibited. <<NOTE: Deadline.>> The network station shall accept
or reject a subscriber's request for a waiver within 30 days
after receipt of the request. If a television network station
fails to accept or reject a subscriber's request for a waiver
within the 30-day period after receipt of the request, that
station shall be deemed to agree to the waiver request and have
filed such written waiver. Unless specifically stated by the
network station, a waiver that was granted before the date of
the enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 under section 339(c)(2) of the
Communications Act of 1934, and that was in effect on such date
of enactment, shall constitute a waiver for purposes of this
paragraph.''.
(3) Subsection (b)(1) is amended by striking subparagraph
(B) and inserting the following:
``(B) a royalty fee for that 6-month period,
computed by multiplying the total number of subscribers
receiving
[[Page 118 STAT. 3401]]
each secondary transmission of each superstation or
network station during each calendar month by the
appropriate rate in effect under this section.''.
(4) Subsection (b)(1) is further amended by adding at the
end the following flush sentence: ``Notwithstanding the
provisions of subparagraph (B), a satellite carrier whose
secondary transmissions are subject to statutory licensing under
paragraph (1) or (2) of subsection (a) shall have no royalty
obligation for secondary transmissions to a subscriber under
paragraph (3) of such subsection.''.
(5) Subsection (c) is amended to read as follows:
``(c) Adjustment of Royalty Fees.--
``(1) Applicability and determination of royalty fees for
analog signals.--
``(A) Initial fee.--The appropriate fee for purposes
of determining the royalty fee under subsection
(b)(1)(B) for the secondary transmission of the primary
analog transmissions of network stations and
superstations shall be the appropriate fee set forth in
part 258 of title 37, Code of Federal Regulations, as in
effect on July 1, 2004, as modified under this
paragraph.
``(B) Fee set <<NOTE: Deadline. Federal
Register, publication.>> by voluntary negotiation.--On
or before January 2, 2005, the Librarian of Congress
shall cause to be published in the Federal Register of
the initiation of voluntary negotiation proceedings for
the purpose of determining the royalty fee to be paid by
satellite carriers for the secondary transmission of the
primary analog transmission of network stations and
superstations under subsection (b)(1)(B).
``(C) Negotiations.--Satellite carriers,
distributors, and copyright owners entitled to royalty
fees under this section shall negotiate in good faith in
an effort to reach a voluntary agreement or agreements
for the payment of royalty fees. Any such satellite
carriers, distributors and copyright owners may at any
time negotiate and agree to the royalty fee, and may
designate common agents to negotiate, agree to, or pay
such fees. If the parties fail to identify common
agents, the Librarian of Congress shall do so, after
requesting recommendations from the parties to the
negotiation proceeding. The parties to each negotiation
proceeding shall bear the cost thereof.
``(D) Agreements binding on parties; filing of
agreements; public notice.--(i) Voluntary agreements
negotiated at any time in accordance with this paragraph
shall be binding upon all satellite carriers,
distributors, and copyright owners that
a <<NOTE: Regulations. Deadline.>> parties thereto.
Copies of such agreements shall be filed with the
Copyright Office within 30 days after execution in
accordance with regulations that the Register of
Copyrights shall prescribe.
``(ii)(I) <<NOTE: Federal
Register, publication. Deadline.>> Within 10 days after
publication in the Federal Register of a notice of the
initiation of voluntary negotiation proceedings, parties
who have reached a voluntary agreement may request that
the royalty fees in that agreement be applied to all
satellite carriers, distributors, and copyright owners
without convening an arbitration proceeding pursuant to
subparagraph (E).
[[Page 118 STAT. 3402]]
``(II) Upon receiving a request under subclause (I),
the Librarian of Congress shall immediately provide
public notice of the royalty fees from the voluntary
agreement and afford parties an opportunity to state
that they object to those fees.
``(III) The Librarian shall adopt the royalty fees
from the voluntary agreement for all satellite carriers,
distributors, and copyright owners without convening an
arbitration proceeding unless a party with an intent to
participate in the arbitration proceeding and a
significant interest in the outcome of that proceeding
objects under subclause (II).
``(E) Period agreement is in effect.--The obligation
to pay the royalty fees established under a voluntary
agreement which has been filed with the Copyright Office
in accordance with this paragraph shall become effective
on the date specified in the agreement, and shall remain
in effect until December 31, 2009, or in accordance with
the terms of the agreement, whichever is later.
``(F) Fee set by compulsory arbitration.--
``(i) Notice of <<NOTE: Federal
Register, publication. Deadline.>> initiation of
proceedings.--On or before May 1, 2005, the
Librarian of Congress shall cause notice to be
published in the Federal Register of the
initiation of arbitration proceedings for the
purpose of determining the royalty fee to be paid
for the secondary transmission of primary analog
transmission of network stations and superstations
under subsection (b)(1)(B) by satellite carriers
and distributors
``(I) in the absence of a voluntary
agreement filed in accordance with
subparagraph (D) that establishes
royalty fees to be paid by all satellite
carriers and distributors; or
``(II) if an objection to the fees
from a voluntary agreement submitted for
adoption by the Librarian of Congress to
apply to all satellite carriers,
distributors, and copyright owners is
received under subparagraph (D) from a
party with an intent to participate in
the arbitration proceeding and a
significant interest in the outcome of
that proceeding.
Such arbitrary proceeding shall be conducted under
chapter 8 as in effect on the day before the date
of the enactment of the Copyright Royalty and
Distribution Act of 2004.
``(ii) Establishment of royalty fees.--In
determining royalty fees under this subparagraph,
the copyright arbitration royalty panel appointed
under chapter 8, as in effect on the day before
the date of the enactment of the Copyright Royalty
and Distribution Act of 2004 shall establish fees
for the secondary transmissions of the primary
analog transmission of network stations and
superstations that most clearly represent the fair
market value of secondary transmissions, except
that the Librarian of Congress and any copyright
arbitration royalty panel shall adjust those fees
to account for the obligations of the parties
under
[[Page 118 STAT. 3403]]
any applicable voluntary agreement filed with the
Copyright Office pursuant to subparagraph (D). In
determining the fair market value, the panel shall
base its decision on economic, competitive, and
programming information presented by the parties,
including--
``(I) the competitive environment in
which such programming is distributed,
the cost of similar signals in similar
private and compulsory license
marketplaces, and any special features
and conditions of the retransmission
marketplace;
``(II) the economic impact of such
fees on copyright owners and satellite
carriers; and
``(III) the impact on the continued
availability of secondary transmissions
to the public.
``(iii) Period during which decision of
arbitration panel or order of librarian
effective.--The obligation to pay the royalty fee
established under a determination which--
``(I) is made by a copyright
arbitration royalty panel in an
arbitration proceeding under this
paragraph and is adopted by the
Librarian of Congress under section
802(f), as in effect on the day before
the date of the enactment of the
Copyright Royalty and Distribution Act
of 2004; or
``(II) is established by the
Librarian under section 802(f) as in
effect on the day before such date of
enactment shall be effective as of
January 1, 2005.
``(iv) Persons subject to royalty fee.--The
royalty fee referred to in (iii) shall be binding
on all satellite carriers, distributors and
copyright owners, who are not party to a voluntary
agreement filed with the Copyright Office under
subparagraph (D).
``(2) Applicability and determination of royalty fees for
digital signals.--The process and requirements for establishing
the royalty fee payable under subsection (b)(1)(B) for the
secondary transmission of the primary digital transmissions of
network stations and superstations shall be the same as that set
forth in paragraph (1) for the secondary transmission of the
primary analog transmission of network stations and
superstations, except that--
``(A) the initial fee under paragraph (1)(A) shall
be the rates set forth in section 298.3(b)(1) and (2) of
title 37, Code of Federal Regulations, as in effect on
the date of the enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, reduced by
22.5 percent;
``(B) <<NOTE: Notice. Deadline.>> the notice of
initiation of arbitration proceedings required in
paragraph (1)(F)(i) shall be published on or before
December 31, 2005; and
``(C) the royalty fees that are established for the
secondary transmission of the primary digital
transmission of network stations and superstations in
accordance with to the procedures set forth in paragraph
(1)(F)(iii) and are payable under subsection (b)(1)(B)--
``(i) shall be reduced by 22.5 percent; and
[[Page 118 STAT. 3404]]
``(ii) shall be adjusted by the Librarian of
Congress on January 1, 2007, and on January 1 of
each year thereafter, to reflect any changes
occurring during the preceding 12 months in the
cost of living as determined by the most recent
Consumer Price Index (for all consumers and items)
published by the Secretary of Labor.''.
(6) Subsection (a)(7), as redesignated by section 102(5) of
this Act, is amended--
(A) in subparagraph (A), by striking ``who does not
reside in an unserved household'' and inserting ``who is
not eligible to receive the transmission under this
section'';
(B) in subparagraph (B), by striking ``who do not
reside in unserved households'' and inserting ``who are
not eligible to receive the transmission under this
section''; and
(C) in subparagraph (D), by striking ``is for
private home viewing to an unserved household'' and
inserting ``is to a subscriber who is eligible to
receive the secondary transmission under this section''.
SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF LOW POWER
TELEVISION STATIONS.
(a) In General.--Section 119(a) of title 17, United States Code (as
amended by sections 102 and 103 of this Act), is further amended by
adding at the end the following:
``(15) Carriage of low power television stations.--
``(A) In general.--
Notwithstanding <<NOTE: Applicability.>> paragraph
(2)(B), and subject to subparagraphs (B) through (F) of
this paragraph, the statutory license provided for in
paragraphs (1) and (2) shall apply to the secondary
transmission of the primary transmission of a network
station or a superstation that is licensed as a low
power television station, to a subscriber who resides
within the same local market.
``(B) Geographic limitation.--
``(i) Network stations.--With respect to
network stations, secondary transmissions provided
for in subparagraph (A) shall be limited to
secondary transmissions to subscribers who--
``(I) reside in the same local
market as the station originating the
signal; and
``(II) reside within 35 miles of the
transmitter site of such station, except
that in the case of such a station
located in a standard metropolitan
statistical area which has 1 of the 50
largest populations of all standard
metropolitan statistical areas (based on
the 1980 decennial census of population
taken by the Secretary of Commerce), the
number of miles shall be 20.
``(ii) Superstations.--With respect to
superstations, secondary transmissions provided
for in subparagraph (A) shall be limited to
secondary transmissions to subscribers who reside
in the same local market as the station
originating the signal.
[[Page 118 STAT. 3405]]
``(C) No applicability to repeaters and
translators.--Secondary transmissions provided for in
subparagraph (A) shall not apply to any low power
television station that retransmits the programs and
signals of another television station for more than 2
hours each day.
``(D) Royalty fees.--Notwithstanding subsection
(b)(1)(B), a satellite carrier whose secondary
transmissions of the primary transmissions of a low
power television station are subject to statutory
licensing under this section shall have no royalty
obligation for secondary transmissions to a subscriber
who resides within 35 miles of the transmitter site of
such station, except that in the case of such a station
located in a standard metropolitan statistical area
which has 1 of the 50 largest populations of all
standard metropolitan statistical areas (based on the
1980 decennial census of population taken by the
Secretary of Commerce), the number of miles shall be 20.
Carriage of a superstation that is a low power
television station within the station's local market,
but outside of the 35-mile or 20-mile radius described
in the preceding sentence, shall be subject to royalty
payments under subsection (b)(1)(B).
``(E) Limitation to subscribers taking local-into-
local service.--Secondary transmissions provided for in
subparagraph (A) may be made only to subscribers who
receive secondary transmissions of primary transmissions
from that satellite carrier pursuant to the statutory
license under section 122, and only in conformity with
the requirements under 340(b) of the Communications Act
of 1934, as in effect on the date of the enactment of
the Satellite Home Viewer Extension and Reauthorization
Act of 2004.''.
SEC. 105. DEFINITIONS.
Section 119(d) of title 17, United States Code, is amended--
(1) in paragraph (2)(A), by striking ``a television
broadcast station'' and inserting ``a television station
licensed by the Federal Communications Commission'';
(2) by amending paragraph (9) to read as follows:
``(9) Superstation.--The term `superstation' means a
television station, other than a network station, licensed by
the Federal Communications Commission, that is secondarily
transmitted by a satellite carrier.'';
(3) in paragraph (10)--
(A) in subparagraph (B), by striking ``granted under
regulations established under section 339(c)(2) of the
Communications Act of 1934'' and inserting ``that meets
the standards of subsection (a)(14) whether or not the
waiver was granted before the date of the enactment of
the Satellite Home Viewer Extension and Reauthorization
Act of 2004''; and
(B) in subparagraph (D), by striking ``(a)(11)'' and
inserting ``(a)(12)''; and
(4) by striking paragraphs (11) and (12) and inserting the
following:
``(11) Local market.--The term `local market' has the
meaning given such term under section 122(j), except that with
respect to a low power television station, the term `local
[[Page 118 STAT. 3406]]
market' means the designated market area in which the station is
located.
``(12) Low power television station.--The term `low power
television station' means a low power television as defined
under section 74.701(f) of title 47, Code of Federal
Regulations, as in effect on June 1, 2004. For purposes of this
paragraph, the term `low power television station' includes a
low power television station that has been accorded primary
status as a Class A television licensee under section 73.6001(a)
of title 47, Code of Federal Regulations.
``(13) Commercial establishment.--The term `commercial
establishment'--
``(A) means an establishment used for commercial
purposes, such as a bar, restaurant, private office,
fitness club, oil rig, retail store, bank or other
financial institution, supermarket, automobile or boat
dealership, or any other establishment with a common
business area; and
``(B) does not include a multi-unit permanent or
temporary dwelling where private home viewing occurs,
such as a hotel, dormitory, hospital, apartment,
condominium, or prison.''.
SEC. 106. <<NOTE: 17 USC 119 note.>> EFFECT ON CERTAIN PROCEEDINGS.
Nothing in this title shall modify any remedy imposed on a party
that is required by the judgment of a court in any action that was
brought before May 1, 2004, against that party for a violation of
section 119 of title 17, United States Code.
SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RETRANSMITTING
SUPERSTATION SIGNALS TO COMMERCIAL ESTABLISHMENTS.
(a) In General.--Section 119 of title 17, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) by inserting ``or for viewing in a commercial
establishment'' after ``for private home viewing'' each
place it appears; and
(B) by striking ``household'' and inserting
``subscriber'';
(2) in subsection (b), by striking ``for private home
viewing'' each place it appears;
(3) in subsection (d)(1)--
(A) by striking ``for private home viewing''; and
(B) by inserting ``in accordance with the provisions
of this section'' before the period;
(4) in subsection (d)(6), by inserting ``pursuant to this
section'' before the period; and
(5) in subsection (d)(8)--
(A) by striking ``who'' and inserting ``or entity
that'';
(B) by striking ``for private home viewing''; and
(C) by inserting ``in accordance with the provisions
of this section'' before the period.
(b) Conforming Amendments.--Subsections (a)(4) and (d)(1)(A) of
section 111 of title 17, United States Code, are each amended by
striking ``for private home viewing''.
[[Page 118 STAT. 3407]]
SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS TO PROVIDE
SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MARKETS.
Section 119 of title 17, United States Code, is amended by adding at
the end the following:
``(f) Expedited Consideration by Justice Department of Voluntary
Agreements to Provide Satellite Secondary Transmissions to Local
Markets.--
``(1) In general.--In a <<NOTE: Deadline.>> case in which no
satellite carrier makes available, to subscribers located in a
local market, as defined in section 122(j)(2), the secondary
transmission into that market of a primary transmission of one
or more television broadcast stations licensed by the Federal
Communications Commission, and two or more satellite carriers
request a business review letter in accordance with section 50.6
of title 28, Code of Federal Regulations (as in effect on July
7, 2004), in order to assess the legality under the antitrust
laws of proposed business conduct to make or carry out an
agreement to provide such secondary transmission into such local
market, the appropriate official of the Department of Justice
shall respond to the request no later than 90 days after the
date on which the request is received.
``(2) Definition.--For purposes of this subsection, the term
`antitrust laws'--
``(A) has the meaning given that term in subsection
(a) of the first section of the Clayton Act (15 U.S.C.
12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of
competition; and
``(B) includes any State law similar to the laws
referred to in paragraph (1).''.
SEC. 109. <<NOTE: Deadline. Reports.>> STUDY.
No later than June 30, 2008, the Register of Copyrights shall report
to the Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate the Register's findings and
recommendations on the operation and revision of the statutory licenses
under sections 111, 119, and 122 of title 17, United States Code. The
report shall include, but not be limited to, the following:
(1) A comparison of the royalties paid by licensees under
such sections, including historical rates of increases in these
royalties, a comparison between the royalties under each such
section and the prices paid in the marketplace for comparable
programming.
(2) An analysis of the differences in the terms and
conditions of the licenses under such sections, an analysis of
whether these differences are required or justified by
historical, technological, or regulatory differences that affect
the satellite and cable industries, and an analysis of whether
the cable or satellite industry is placed in a competitive
disadvantage due to these terms and conditions.
(3) An analysis of whether the licenses under such sections
are still justified by the bases upon which they were originally
created.
(4) An analysis of the correlation, if any, between the
royalties, or lack thereof, under such sections and the fees
[[Page 118 STAT. 3408]]
charged to cable and satellite subscribers, addressing whether
cable and satellite companies have passed to subscribers any
savings realized as a result of the royalty structure and
amounts under such sections.
(5) An analysis of issues that may arise with respect to the
application of the licenses under such sections to the secondary
transmissions of the primary transmissions of network stations
and superstations that originate as digital signals, including
issues that relate to the application of the unserved household
limitations under section 119 of title 17, United States Code,
and to the determination of royalties of cable systems and
satellite carriers.
SEC. 110. <<NOTE: Deadline. Reports.>> ADDITIONAL STUDY.
No later than December 31, 2005, the Register of Copyrights shall
report to the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate the Register's findings
and recommendations on the following:
(1) The extent to which the unserved household limitation
for network stations contained in section 119 of title 17,
United States Code, has operated efficiently and effectively and
has forwarded the goal of title 17, United States Code, to
protect copyright owners of over-the-air television programming,
including what amendments, if any, are necessary to effectively
identify the application of the limitation to individual
households to receive secondary transmissions of primary digital
transmissions of network stations.
(2) The extent to which secondary transmissions of primary
transmissions of network stations and superstations under
section 119 of title 17, United States Code, harm copyright
owners of broadcast programming throughout the United States and
the effect, if any, of the statutory license under section 122
of title 17, United States Code, in reducing such harm.
SEC. 111. SPECIAL RULES.
(a) Restrictions on Transmission of Distant Television Stations in
Areas of Alaska Where Local-Into-Local Service Is Available.--Section
119(a) of title 17, United States Code, is amended by adding at the end
thereof the following:
``(16) Restricted transmission of out-of-state distant
network signals into certain markets.--
``(A) Out-of-state network affiliates.--
Notwithstanding any other provision of this title, the
statutory license in this subsection and subsection (b)
shall not apply to any secondary transmission of the
primary transmission of a network station located
outside of the State of Alaska to any subscriber in that
State to whom the secondary transmission of the primary
transmission of a television station located in that
State is made available by the satellite carrier
pursuant to section 122.
``(B) Exception.--The limitation in subparagraph (A)
shall not apply to the secondary transmission of the
primary transmission of a digital signal of a network
station located outside of the State of Alaska if at the
time that the secondary transmission is made, no
television station licensed to a community in the State
and affiliated with the same network makes primary
transmissions of a digital signal.''.
[[Page 118 STAT. 3409]]
(b) Extra DMA Deemed Local.--Section 122(j)(2) of title 17, United
States Code, is amended by adding at the end thereof the following:
``(D) Certain areas outside of any designated market
area.--Any census area, borough, or other area in the
State of Alaska that is outside of a designated market
area, as determined by Nielsen Media Research, shall be
deemed to be part of one of the local markets in the
State of Alaska. A satellite carrier may determine which
local market in the State of Alaska will be deemed to be
the relevant local market in connection with each
subscriber in such census area, borough, or other
area.''.
SEC. 112. TECHNICAL AMENDMENT.
Section 803(b)(1)(A)(i)(V) of title 17, United States Code, as
amended by the Copyright Royalty and Distribution Reform Act of 2004, is
amended by inserting before the period at the end the following: ``,
except that in the case of proceedings under section 111 that are
scheduled to commence in 2005, such notice may not be published.
TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS
SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.
Section 325(b)(2)(C) of the Communications Act of 1934 (47 U.S.C.
325(b)(2)(C)) is amended by striking ``December 31, 2004'' and inserting
``December 31, 2009''.
SEC. 202. CABLE/SATELLITE COMPARABILITY.
(a) Amendment.--Part I of title III of the Communications Act of
1934 is amended by inserting after section 339 (47 U.S.C. 339) the
following new section:
``SEC. 340. <<NOTE: 47 USC 340.>> SIGNIFICANTLY VIEWED SIGNALS PERMITTED
TO BE CARRIED.
``(a) Significantly Viewed Stations.--In addition to the broadcast
signals that subscribers may receive under section 338 and 339, a
satellite carrier is also authorized to retransmit to a subscriber
located in a community the signal of any station located outside the
local market in which such subscriber is located, to the extent such
signal--
``(1) has, before the date of enactment of the Satellite
Home Viewer Extension and Reauthorization Act of 2004, been
determined by the Federal Communications Commission to be a
signal a cable operator may carry as significantly viewed in
such community, except to the extent that such signal is
prevented from being carried by a cable system in such community
under the Commission's network nonduplication and syndicated
exclusivity rules; or
``(2) is, after such date of enactment, determined by the
Commission to be significantly viewed in such community in
accordance with the same standards and procedures concerning
shares of viewing hours and audience surveys as are applicable
[[Page 118 STAT. 3410]]
under the rules, regulations, and authorizations of the
Commission to determining with respect to a cable system whether
signals are significantly viewed in a community.
``(b) Limitations.--
``(1) Analog service <<NOTE: Applicability.>> limited to
subscribers taking local-into-local service.--With respect to a
signal that originates as an analog signal of a network station,
this section shall apply only to retransmissions to subscribers
of a satellite carrier who receive retransmissions of a signal
that originates as an analog signal of a local network station
from that satellite carrier pursuant to section 338.
``(2) Digital <<NOTE: Applicability.>> service
limitations.--With respect to a signal that originates as a
digital signal of a network station, this section shall apply
only if--
``(A) the subscriber receives from the satellite
carrier pursuant to section 338 the retransmission of
the digital signal of a network station in the
subscriber's local market that is affiliated with the
same television network; and
``(B) either--
``(i) the retransmission of the local network
station occupies at least the equivalent bandwidth
as the digital signal retransmitted pursuant to
this section; or
``(ii) the retransmission of the local network
station is comprised of the entire bandwidth of
the digital signal broadcast by such local network
station.
``(3) Limitation not applicable where no network
affiliates.--The limitations in paragraphs (1) and (2) shall not
prohibit a retransmission under this section to a subscriber
located in a local market in which there are no network stations
affiliated with the same television network as the station whose
signal is being retransmitted pursuant to this section.
``(4) Authority to grant station-specific waivers.--
Paragraphs (1) and (2) shall not prohibit a retransmission of a
network station to a subscriber if and to the extent that the
network station in the local market in which the subscriber is
located, and that is affiliated with the same television
network, has privately negotiated and affirmatively granted a
waiver from the requirements of paragraph (1) and (2) to such
satellite carrier with respect to retransmission of the
significantly viewed station to such subscriber.
``(c) Publication and Modifications of Lists; Regulations.--
``(1) In general.--The Commission shall--
``(A) <<NOTE: Deadline.>> within 60 days after the
date of enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004--
``(i) publish a list of the stations that are
eligible for retransmission under subsection
(a)(1) and the communities in which such stations
are eligible for such retransmission; and
``(ii) commence a rulemaking proceeding to
implement this section by publication of a notice
of proposed rulemaking;
``(B) adopt rules pursuant to such rulemaking within
1 year after such date of enactment.
``(2) Public availability of list.--The Commission shall
make readily available to the public in electronic form, on the
Internet website of the Commission or other comparable
[[Page 118 STAT. 3411]]
facility, a list of the stations that are eligible for
retransmission under subsection (a) and the communities in which
such stations are eligible for
such <<NOTE: Deadline.>> retransmission. The Commission shall
update such list within 10 business days after the date on which
the Commission issues an order making any modification of such
stations and communities.
``(3) Modifications.--In addition to cable operators and
television broadcast station licensees, the Commission shall
permit a satellite carrier to petition for decisions and
orders--
``(A) by which stations may be added to those that
are eligible for retransmission under subsection (a),
and by which communities may be added in which such
stations are eligible for such retransmission; and
``(B) by which network nonduplication or syndicated
exclusivity regulations are applied to the
retransmission in accordance with subsection (e).
``(d) Effect on Other Obligations and Rights.--
``(1) No effect on carriage obligations.--Carriage of a
signal under this section is not mandatory, and any right of a
station licensee to have the signal of such station carried
under section 338 is not affected by the eligibility of such
station to be carried under this section.
``(2) Retransmission consent rights not affected.--The
eligibility of the signal of a station to be carried under this
section does not affect any right of the licensee of such
station to grant (or withhold) retransmission consent under
section 325(b)(1).
``(e) Network Nonduplication and Syndicated Exclusivity.--
``(1) Not applicable except as provided by commission
regulations.--Signals eligible to be carried under this section
are not subject to the Commission's regulations concerning
network nonduplication or syndicated exclusivity unless,
pursuant to regulations adopted by the Commission, the
Commission determines to permit network nonduplication or
syndicated exclusivity to apply within the appropriate zone of
protection.
``(2) Limitation.--Nothing in this subsection or Commission
regulations shall permit the application of network
nonduplication or syndicated exclusivity regulations to the
retransmission of distant signals of network stations that are
carried by a satellite carrier pursuant to a statutory license
under section 119(a)(2)(A) or (B) of title 17, United States
Code, with respect to persons who reside in unserved households,
under 119(a)(4)(A), or under section 119(a)(12), of such title.
``(f) Enforcement.--
``(1) Orders and damages.--Upon complaint, the Commission
shall issue a cease and desist order to any satellite carrier
found to have violated this section in carrying any television
broadcast station. Such order may, if a complaining station
requests damages--
``(A) provide for the award of damages to a
complaining station that establishes that the violation
was committed in bad faith, in an amount up to $50 per
subscriber, per station, per day of the violation; and
``(B) provide for the award of damages to a
prevailing satellite carrier if the Commission
determines that the
[[Page 118 STAT. 3412]]
complaint was frivolous, in an amount up to $50 per
subscriber alleged to be in violation, per station
alleged, per day of the alleged violation.
``(2) Commission decision.--
The <<NOTE: Deadline.>> Commission shall issue a final
determination resolving a complaint brought under this
subsection not later than 180 days after the submission of a
complaint under this subsection. The Commission may hear
witnesses if it clearly appears, based on written filings by the
parties, that there is a genuine dispute about material facts.
Except as provided in the preceding sentence, the Commission may
issue a final ruling based on written filings by the parties.
``(3) Remedies in addition.--The remedies under this
subsection are in addition to any remedies available under title
17, United States Code.
``(4) No effect on copyright proceedings.--Any
determination, action, or failure to act of the Commission under
this subsection shall have no effect on any proceeding under
title 17, United States Code, and shall not be introduced in
evidence in any proceeding under that title. In no instance
shall a Commission enforcement proceeding under this subsection
be required as a predicate to the pursuit of a remedy available
under title 17.
``(g) Notices Concerning Significantly Viewed Stations.--Each
satellite carrier that proposes to commence the retransmission of a
station pursuant to this section in any local market shall--
``(1) <<NOTE: Deadline.>> not less than 60 days before
commencing such retransmission, provide a written notice to any
television broadcast station in such local market of such
proposal; and
``(2) designate on such carrier's website all significantly
viewed signals carried pursuant to section 340 and the
communities in which the signals are carried.
``(h) Additional Corresponding Changes in Regulations.--
``(1) Community-by-
community <<NOTE: Deadline.>> elections.--The Commission shall,
no later than October 30, 2005, revise section 76.66 of its
regulations (47 CFR 76.66), concerning satellite broadcast
signal carriage, to permit (at the next cycle of elections under
section 325) a television broadcast station that is located in a
local market into which a satellite carrier retransmits a
television broadcast station pursuant to section 338, to elect,
with respect to such satellite carrier, between retransmission
consent pursuant to such section 325 and mandatory carriage
pursuant to section 338 separately for each county within such
station's local market, if--
``(A) the satellite carrier has notified the
station, pursuant to paragraph (3), that it intends to
carry another affiliate of the same network pursuant to
this section during the relevant election period in the
station's local market; or
``(B) on the date notification under paragraph (3)
was due, the satellite carrier was retransmitting into
the station's local market pursuant to this section an
affiliate of the same television network.
``(2) Unified negotiations.--In revising its regulations as
required by paragraph (1), the Commission shall provide that any
such station shall conduct a unified negotiation for the
[[Page 118 STAT. 3413]]
entire portion of its local market for which retransmission
consent is elected.
``(3) Additional provisions.--
The <<NOTE: Deadline.>> Commission shall, no later than October
30, 2005, revise its regulations to provide the following:
``(A) Notifications by satellite carrier.--A
satellite carrier's retransmission of television
broadcast stations pursuant to this section shall be
subject to the following limitations:
``(i) In any local market in which the
satellite carrier provides service pursuant to
section 338 on the date of enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, the carrier may
notify a television broadcast station in that
market, at least 60 days prior to any date on
which the station must thereafter make an election
under section 76.66 of the Commission's
regulations (47 CFR 76.66), of--
``(I) each affiliate of the same
television network that the carrier
reserves the right to retransmit into
that station's local market pursuant to
this section during the next election
cycle under such section of such
regulations; and
``(II) for each such affiliate, the
communities into which the satellite
carrier reserves the right to make such
retransmissions.
``(ii) In any local market in which the
satellite carrier commences service pursuant to
section 338 after the date of enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, the carrier may
notify a station in that market, at least 60 days
prior to the introduction of such service in that
market, and thereafter at least 60 days prior to
any date on which the station must thereafter make
an election under section 76.66 of the
Commission's regulations (47 CFR 76.66), of each
affiliate of the same television network that the
carrier reserves the right to retransmit into that
station's local market during the next election
cycle under such section of such regulations.
``(iii) Beginning with the 2005 election
cycle, a satellite carrier may only retransmit
pursuant to this section during the pertinent
election period a signal--
``(I) as to which it has provided
the notifications set forth in clauses
(i) and (ii); or
``(II) that it was retransmitting
into the local market under this section
as of the date such notifications were
due.
``(B) Harmonization of elections and retransmission
consent agreements.--If a satellite carrier notifies a
television broadcast station that it reserves the right
to retransmit an affiliate of the same television
network during the next election cycle pursuant to this
section, the station may choose between retransmission
consent and mandatory carriage for any portion of the 3-
year election cycle that is not covered by an existing
retransmission consent agreement.
[[Page 118 STAT. 3414]]
``(i) Definitions.--As used in this section:
``(1) Local market; satellite carrier; subscriber;
television broadcast station.--The terms `local market',
`satellite carrier', `subscriber', and `television broadcast
station' have the meanings given such terms in section 338(k).
``(2) Network station; television network.--The terms
`network station' and `television network' have the meanings
given such terms in section 339(d).
``(3) Community.--The term `community' means--
``(A) a county or a cable community, as determined
under the rules, regulations, and authorizations of the
Commission applicable to determining with respect to a
cable system whether signals are significantly viewed;
or
``(B) a satellite community, as determined under
such rules, regulations, and authorizations (or
revisions thereof) as the Commission may prescribe in
implementing the requirements of this section.
``(4) Bandwidth.--The terms `equivalent bandwidth' and
`entire bandwidth' shall be defined by the Commission by
regulation, except that this paragraph shall not be construed--
``(A) to prevent a satellite operator from using
compression technology;
``(B) to require a satellite operator to use the
identical bandwidth or bit rate as the local or distant
broadcaster whose signal it is retransmitting;
``(C) to require a satellite operator to use the
identical bandwidth or bit rate for a local network
station as it does for a distant network station;
``(D) to affect a satellite operator's obligations
under subsection (a)(1); or
``(E) to affect the definitions of `program related'
and `primary video'.''.
SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.
(a) Amendments.--Section 338 of the Communications Act of 1934 (47
U.S.C. 338(d)) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Carriage of Local Stations on a Single Dish.--
``(1) Single dish.--Each satellite carrier that retransmits
the analog signals of local television broadcast stations in a
local market shall retransmit such analog signals in such market
by means of a single reception antenna and associated equipment.
``(2) Exception.--If the carrier retransmits signals in the
digital television service, the carrier shall retransmit such
digital signals in such market by means of a single reception
antenna and associated equipment, but such antenna and
associated equipment may be separate from the single reception
antenna and associated equipment used for analog television
service signals.
``(3) Effective date.--The requirements of paragraphs (1)
and (2) of this subsection shall apply on and after 18 months
after the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004.
[[Page 118 STAT. 3415]]
``(4) Notice of disruptions.--A <<NOTE: Deadline.>> carrier
that is providing signals of a local television broadcast
station in a local market under this section on the date of
enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 shall, not later than 15 months
after such date of enactment, provide to the licensees for such
stations and the carrier's subscribers in such local market a
notice that displays prominently and conspicuously a clear
statement of--
``(A) any reallocation of signals between different
reception antennas and associated equipment that the
carrier intends to make in order to comply with the
requirements of this subsection;
``(B) the need, if any, for subscribers to obtain an
additional reception antenna and associated equipment to
receive such signals; and
``(C) any cessation of carriage or other material
change in the carriage of signals as a consequence of
the requirements of this paragraph.''.
(b) Conforming Amendments: Commission Enforcement of Section; Low
Power Television Stations.--
(1) Section 338(a) of such Act is amended by striking
paragraphs (1) and (2) and inserting the following:
``(1) In general.--Each satellite carrier providing, under
section 122 of title 17, United States Code, secondary
transmissions to subscribers located within the local market of
a television broadcast station of a primary transmission made by
that station shall carry upon request the signals of all
television broadcast stations located within that local market,
subject to section 325(b).
``(2) Remedies for failure to carry.--In addition to the
remedies available to television broadcast stations under
section 501(f) of title 17, United States Code, the Commission
may use the Commission's authority under this Act to assure
compliance with the obligations of this subsection, but in no
instance shall a Commission enforcement proceeding be required
as a predicate to the pursuit of a remedy available under such
section 501(f).
``(3) Low power station carriage optional.--No low power
television station whose signals are provided under section
119(a)(14) of title 17, United States Code, shall be entitled to
insist on carriage under this section, regardless of whether the
satellite carrier provides secondary transmissions of the
primary transmissions of other stations in the same local market
pursuant to section 122 of such title, nor shall any such
carriage be considered in connection with the requirements of
subsection (c) of this section.''.
(2) Section 338(c)(1) of such Act is amended by striking
``subsection (a)'' and inserting ``subsection (a)(1)''.
(3) Section 338(k) of such Act (as redesignated by
subsection (a)(1)) is amended--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(B) by inserting after paragraph (3) the following
new paragraph:
``(4) Low power television station.--The term `low power
television station' means a low power television station as
defined under section 74.701(f) of title 47, Code of Federal
[[Page 118 STAT. 3416]]
Regulations, as in effect on June 1, 2004. For purposes of this
paragraph, the term `low power television station' includes a
low power television station that has been accorded primary
status as a Class A television licensee under section 73.6001(a)
of title 47, Code of Federal Regulations.''.
SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.
(a) Replacement.--Section 339(a) of the Communications Act of 1934
(47 U.S.C. 339(a)) is amended--
(1) in paragraph (1), by adding at the end the following new
sentence: ``Such two network stations may be comprised of both
the analog signal and digital signal of not more than two
network stations.'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Replacement of <<NOTE: Applicability.>> distant
signals with local signals.--Notwithstanding any other provision
of paragraph (1), the following rules shall apply after the date
of enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004:
``(A) Rules for grandfathered subscribers to analog
signals.--
``(i) For those receiving distant analog
signals.--In the case of a subscriber of a
satellite carrier who is eligible to receive the
analog signal of a network station solely by
reason of section 119(e) of title 17, United
States Code (in this subparagraph referred to as a
`distant analog signal'), and who, as of October
1, 2004, is receiving the distant analog signal of
that network station, the following shall apply:
``(I) In a case in which the
satellite carrier makes available to the
subscriber the analog signal of a local
network station affiliated with the same
television network pursuant to section
338, the carrier may only provide the
secondary transmissions of the distant
analog signal of a station affiliated
with the same network to that
subscriber--
``(aa)
if, <<NOTE: Deadline.>> within
60 days after receiving the
notice of the satellite carrier
under section 338(h)(1) of this
Act, the subscriber elects to
retain the distant analog
signal; but
``(bb) only until such time
as the subscriber elects to
receive such local analog
signal.
``(II) <<NOTE: Deadline.>> Notwithstandin
g subclause (I), the carrier may not
retransmit the distant analog signal to
any subscriber who is eligible to
receive the analog signal of a network
station solely by reason of section
119(e) of title 17, United States Code,
unless such carrier, within 60 days
after the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, submits to
that television network the list and
statement required by subparagraph
(F)(i).
[[Page 118 STAT. 3417]]
``(ii) For those not receiving distant analog
signals.--In the case of any subscriber of a
satellite carrier who is eligible to receive the
distant analog signal of a network station solely
by reason of section 119(e) of title 17, United
States Code, and who did not receive a distant
analog signal of a station affiliated with the
same network on October 1, 2004, the carrier may
not provide the secondary transmissions of the
distant analog signal of a station affiliated with
the same network to that subscriber.
``(B) Rules
for <<NOTE: Applicability. Deadlines.>> other
subscribers to analog signals.--In the case of a
subscriber of a satellite carrier who is eligible to
receive the analog signal of a network station under
this section (in this subparagraph referred to as a
`distant analog signal'), other than subscribers to whom
subparagraph (A) applies, the following shall apply:
``(i) In a case in which the satellite carrier
makes available to that subscriber, on January 1,
2005, the analog signal of a local network station
affiliated with the same television network
pursuant to section 338, the carrier may only
provide the secondary transmissions of the distant
analog signal of a station affiliate with the same
network to that subscriber if the subscriber's
satellite carrier, not later than March 1, 2005,
submits to that television network the list and
statement required by subparagraph (F)(i).
``(ii) In a case in which the satellite
carrier does not make available to that
subscriber, on January 1, 2005, the analog signal
of a local network station pursuant to section
338, the carrier may only provide the secondary
transmissions of the distant analog signal of a
station affiliated with the same network to that
subscriber if--
``(I) that subscriber seeks to
subscribe to such distant analog signal
before the date on which such carrier
commences to carry pursuant to section
338 the analog signals of stations from
the local market of such local network
station; and
``(II) the satellite carrier, within
60 days after such date, submits to each
television network the list and
statement required by subparagraph
(F)(ii).
``(C) Future applicability.--A satellite carrier may
not provide a distant analog signal (within the meaning
of subparagraph (A) or (B)) to a person who--
``(i) is not a subscriber lawfully receiving
such secondary transmission as of the date of the
enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004; and
``(ii) at the time such person seeks to
subscribe to receive such secondary transmission,
resides in a local market where the satellite
carrier makes available to that person the analog
signal of a local network station affiliated with
the same television network pursuant to section
338, and the retransmission of such signal by such
carrier can reach such subscriber.
``(D) Special rules for distant digital signals.--
[[Page 118 STAT. 3418]]
``(i) Eligibility.--In the case of a
subscriber of a satellite carrier who, with
respect to a local network station--
``(I) is a subscriber whose
household is located outside the
coverage area of the analog signal of
such station as predicted by the model
specified in subsection (c)(3) of this
section for the signal intensity
required under section 73.683(a) of
title 47 of the Code of Federal
Regulations, or a successor regulation;
``(II) is in an unserved household
as determined under section 119(d)(1)(A)
of title 17, United States Code; or
``(III) is, after the date on which
the conditions required by clause (vii)
are met with respect to such station,
determined under clause (vi) of this
subparagraph to be unable to receive a
digital signal of such local network
station that exceeds the signal
intensity standard specified in such
clause;
such subscriber is eligible to receive the digital
signal of a distant network station affiliated
with the same network under this section (in this
subparagraph referred to as a `distant digital
signal') subject to the provisions of this
subparagraph.
``(ii) Pre-enactment distant digital signal
subscribers.--Any eligible subscriber under this
subparagraph who is a lawful subscriber to such a
distant digital signal as of the date of enactment
of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 may continue to
receive such distant digital signal, whether or
not such subscriber elects to subscribe to local
digital signals.
``(iii) Local-to-local analog markets.--In a
case in which the satellite carrier makes
available to an eligible subscriber under this
subparagraph the analog signal of a local network
station pursuant to section 338, the carrier may
only provide the distant digital signal of a
station affiliated with the same network to that
subscriber if--
``(I) in the case of any local
market in the 48 contiguous States of
the United States, the distant digital
signal is the secondary transmission of
a station whose prime time network
programming is generally broadcast
simultaneously with, or later than, the
prime time network programming of the
affiliate of the same network in the
local market;
``(II) in any local market, the
retransmission of the distant digital
signal of the distant station occupies
at least the equivalent bandwidth (as
such term is defined by the Commission
under section 340(h)(4)) as the digital
signal broadcast by such station; and
``(III) <<NOTE: Deadlines.>> the
subscriber subscribes to the analog
signal of such local network station
within 60 days after such signal is made
available by the satellite
[[Page 118 STAT. 3419]]
carrier, and adds to or replaces such
analog signal with the digital signal
from such local network station within
60 days after such signal is made
available by the satellite carrier,
except that such distant digital signal
may continue to be provided to a
subscriber who cannot be reached by the
satellite transmission of the local
digital signal.
``(iv) Local-to-local digital markets.--After
the date on which a satellite carrier makes
available the digital signal of a local network
station, the carrier may not offer the distant
digital signal of a network station affiliated
with the same television network to any new
subscriber to such distant digital signal after
such date, except that such distant digital signal
may be provided to a new subscriber who cannot be
reached by the satellite transmission of the local
digital signal.
``(v) Non-local-to-local markets.--After the
date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, if the
satellite carrier does not make available the
digital signal of a local network station in a
local market, the satellite carrier may offer a
new subscriber after such date who is eligible
under this subparagraph a distant digital signal
from a station affiliated with the same network
and, in the case of any local market in the 48
contiguous States of the United States, whose
prime time network programming is generally
broadcast simultaneously with, or later than, the
prime time network programming of the affiliate of
the same network in the local market, except
that--
``(I) such carrier may continue to
provide such distant digital signal to
such a subscriber after the date on
which the carrier makes available the
digital signal of a local network
station affiliated with such network
only if such subscriber subscribes to
the digital signal from such local
network station; and
``(II) the limitation contained in
subclause (I) of this clause shall not
apply to a subscriber that cannot be
reached by the satellite transmission of
the local digital signal.
``(vi) Signal testing for digital signals.--
``(I) A subscriber shall be eligible
for a distant digital signal under
clause (i)(III) if such subscriber is
determined, based on a test conducted in
accordance with section 73.686(d) of
title 47, Code of Federal Regulations,
or any successor regulation, not to be
able to receive a signal that exceeds
the signal intensity standard in section
73.622(e)(1) of title 47, Code of
Federal Regulations, as in effect on the
date of enactment of the Satellite Home
Viewer Extension and Reauthorization Act
of 2004.
``(II) <<NOTE: Deadline.>> Such test
shall be conducted, upon written request
for a digital signal strength test by
the subscriber to the satellite carrier,
within 30 days after the date the
subscriber submits such
[[Page 118 STAT. 3420]]
request for the test. Such test shall be
conducted by a qualified and independent
person selected by the satellite carrier
and the network station or stations, or
who has been previously approved by the
satellite carrier and by each affected
network station but not previously
disapproved. A tester may not be so
disapproved for a test after the tester
has commenced such test.
``(III) Unless the satellite carrier
and the network station or stations
otherwise agree, the costs of conducting
the test shall be borne as follows:
``(aa) If the subscriber is
not eligible for a distant
digital signal under clause
(i)(I) of this subparagraph (by
reason of being outside of the
coverage area of the analog
signal), the satellite carrier
may request the station licensee
for a waiver.
``(bb) If the licensee
agrees to a waiver, or fails to
respond to a waiver request
within 30 days, the subscriber
may receive such distant digital
signal.
``(cc) If the licensee
refuses to grant a waiver, the
subscriber may request the
satellite carrier to conduct the
test.
``(dd) If the satellite
carrier requests the test and--
`
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``(ee) <<NOTE: Deadline.>> If
the satellite carrier does not
request the test, or fails to
respond within 30 days, the
subscriber may request the test
be conducted under the
supervision of the carrier, and
the costs of the test shall be
borne by the subscriber in
accordance with regulations
prescribed by the Commission.
Such regulations shall also
require the carrier to notify
the subscriber of the typical
costs of such test.
``(vii) Trigger events for use of testing.--A
subscriber shall not be eligible for a distant
digital signal under clause (i)(III) pursuant to a
test conducted under clause (vii) until--
``(I) in the case of a subscriber
whose household is located within the
area predicted to be served (by the
predictive model for analog signals
under subsection (b)(3) of this section)
by the signal of a local network station
and who is seeking a distant digital
signal of a station affiliated with the
same network as that local network
station--
[[Page 118 STAT. 3421]]
``(aa) April 30, 2006, if
such local network station is
within the top 100 television
markets and--
`
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``(bb) July 15, 2007, for
any other local network
stations, other than translator
stations licensed to broadcast
on the date of enactment of the
Satellite Home Viewer Extension
and Reauthorization Act of 2004;
or
``(II) in the case of a translator
station, 1 year after the date on which
the Commission completes all actions
necessary for the allocation and
assignment of digital television
licenses to television translator
stations.
``(viii) Testing waivers.--Upon request by a
local network station, the Commission may grant a
waiver with respect to such station to the
beginning of testing under clause (vii), and
prohibit subscribers from receiving digital signal
strength testing with respect to such
station. <<NOTE: Deadline.>> Such a request shall
be filed not less than 5 months prior to the
implementation deadline specified in such clause,
and the Commission shall act on such request by
such implementation deadline. Such
a <<NOTE: Expiration date.>> waiver shall expire
at the end of not more than 6 months, except that
a waiver may be renewed upon a proper showing. The
Commission may only grant such a request upon
submission of clear and convincing evidence that
the station's digital signal coverage is limited
due to the unremediable presence of one or more of
the following:
``(I) the need for international
coordination or approvals;
``(II) clear zoning or environmental
legal impediments;
``(III) force majeure;
``(IV) the station experiences a
substantial decrease in its digital
signal coverage area due to necessity of
using side-mounted antenna;
``(V) substantial technical problems
that result in a station experiencing a
substantial decrease in its coverage
area solely due to actions to avoid
interference with emergency response
providers; or
``(VI) no satellite carrier is
providing the retransmission of the
analog signals of local network stations
under section 338 in the local market.
Under no circumstances may such a waiver be based
upon financial exigency.
[[Page 118 STAT. 3422]]
``(ix) Special waiver provision for
translators.--Upon request by a television
translator station, the Commission may grant, for
not more than 3 years, a waiver with respect to
such station to the beginning of testing under
clause (vii), and prohibit subscribers from
receiving digital signal strength testing with
respect to such station, if the Commission
determines that the translator station is not
broadcasting a digital signal due to one or more
of the following:
``(I) frequent occurrence of
inclement weather; or
``(II) mountainous terrain at the
transmitter tower location.
``(x) Savings provision.--Nothing in this
subparagraph shall be construed to affect a
satellite carrier's obligations under section 338.
``(xi) Definition.--For purposes of clause
(viii), the term `emergency response providers'
means Federal, State, or local governmental and
nongovernmental emergency public safety, law
enforcement, fire, emergency response, emergency
medical (including hospital emergency facilities),
and related personnel, organizations, agencies, or
authorities.
``(E) Authority to grant station-specific waivers.--
This paragraph shall not prohibit a retransmission of a
distant analog signal or distant digital signal (within
the meaning of subparagraph (A), (B), or (D)) of any
distant network station to any subscriber to whom the
signal of a local network station affiliated with the
same network is available, if and to the extent that
such local network station has affirmatively granted a
waiver from the requirements of this paragraph to such
satellite carrier with respect to retransmission of such
distant network station to such subscriber.
``(F) Notices to networks of distant signal
subscribers.--
``(i) <<NOTE: Deadline.>> Within 60 days after
the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, each
satellite carrier that provides a distant signal
of a network station to a subscriber pursuant to
subparagraph (A) or (B)(i) of this paragraph shall
submit to each network--
``(I) a list, aggregated by
designated market area, identifying each
subscriber provided such a signal by--
``(aa) name;
``(bb) address (street or
rural route number, city, State,
and zip code); and
``(cc) the distant network
signal or signals received; and
``(II) a statement that, to the best
of the carrier's knowledge and belief
after having made diligent and good
faith inquiries, the subscriber is
qualified under the existing law to
receive the distant network signal or
signals pursuant to subparagraph (A) or
(B)(i) of this paragraph.
[[Page 118 STAT. 3423]]
``(ii) <<NOTE: Deadline.>> Within 60 days
after the date a satellite carrier commences to
carry pursuant to section 338 the signals of
stations from a local market, such a satellite
carrier that provides a distant signal of a
network station to a subscriber pursuant to
subparagraph (B)(ii) of this paragraph shall
submit to each network--
``(I) a list identifying each
subscriber in that local market provided
such a signal by--
``(aa) name;
``(bb) address (street or
rural route number, city, State,
and zip code); and
``(cc) the distant network
signal or signals received; and
``(II) a statement that, to the best
of the carrier's knowledge and belief
after having made diligent and good
faith inquiries, the subscriber is
qualified under the existing law to
receive the distant network signal or
signals pursuant to subparagraph (B)(ii)
of this paragraph.
``(G) Other provisions not affected.--This paragraph
shall not affect the eligibility of a subscriber to
receive secondary transmissions under section 340 of
this Act or as an unserved household included under
section 119(a)(12) of title 17, United States Code.
``(H) Available defined.--For purposes of this
paragraph, a satellite carrier makes available a local
signal to a subscriber or person if the satellite
carrier offers that local signal to other subscribers
who reside in the same zip code as that subscriber or
person.''; and
(4) in paragraph (3) (as redesignated by paragraph (2) of
this subsection), by adding at the end the following: ``, except
that paragraph (2)(D) of this subsection, relating to the
provision of distant digital signals, shall be enforceable under
the provisions of section 340(f)''.
(b) Study of Digital Strength Testing Procedures.--Section 339(c) of
such Act (47 U.S.C. 339(c)) is amended by striking paragraph (1) and
inserting the following:
``(1) Study of digital strength testing procedures.--
``(A) Study required.--Not <<NOTE: Deadline.>> later
than 1 year after the date of the enactment of the
Satellite Home Viewer Extension and Reauthorization Act
of 2004, the Federal Communications Commission shall
complete an inquiry regarding whether, for purposes of
identifying if a household is unserved by an adequate
digital signal under section 119(d)(10) of title 17,
United States Code, the digital signal strength standard
in section 73.622(e)(1) of title 47, Code of Federal
Regulations, or the testing procedures in section
73.686(d) of title 47, Code of Federal Regulations, such
statutes or regulations should be revised to take into
account the types of antennas that are available to
consumers.
``(B) Study considerations.--In conducting the study
under this paragraph, the Commission shall consider
whether--
``(i) to account for the fact that an antenna
can be mounted on a roof or placed in a home and
can be fixed or capable of rotating;
[[Page 118 STAT. 3424]]
``(ii) section 73.686(d) of title 47, Code of
Federal Regulations, should be amended to create
different procedures for determining if the
requisite digital signal strength is present than
for determining if the requisite analog signal
strength is present;
``(iii) a standard should be used other than
the presence of a signal of a certain strength to
ensure that a household can receive a high-quality
picture using antennas of reasonable cost and ease
of installation;
``(iv) to develop a predictive methodology for
determining whether a household is unserved by an
adequate digital signal under section 119(d)(10)
of title 17, United States Code;
``(v) there is a wide variation in the ability
of reasonably priced consumer digital television
sets to receive over-the-air signals, such that at
a given signal strength some may be able to
display high-quality pictures while others cannot,
whether such variation is related to the price of
the television set, and whether such variation
should be factored into setting a standard for
determining whether a household is unserved by an
adequate digital signal; and
``(vi) to account for factors such as building
loss, external interference sources, or undesired
signals from both digital television and analog
television stations using either the same or
adjacent channels in nearby markets, foliage, and
man-made clutter.
``(C) Report.--Not later than 1 year after the date
of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, the Federal
Communications Commission shall submit to the Committee
on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
``(i) the results of the study under this
paragraph; and
``(ii) recommendations, if any, as to what
changes should be made to Federal statutes or
regulations.''.
SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND STATIONS
CONCERNING SIGNAL CARRIAGE.
Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is
further amended by inserting after subsection (g) (as added by section
203) the following new subsection:
``(h) Additional <<NOTE: Deadlines.>> Notices to Subscribers,
Networks, and Stations Concerning Signal Carriage.--
``(1) Notices to and elections by subscribers concerning
grandfathered signals.--Any carrier that provides a distant
signal of a network station to a subscriber pursuant section
339(a)(2)(A) shall--
``(A) within 60 days after the local signal of a
network station of the same television network is
available pursuant to section 338, or within 60 days
after the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, whichever is
later, send a notice to the subscriber--
[[Page 118 STAT. 3425]]
``(i) offering to substitute the local network
signal for the duplicating distant network signal;
and
``(ii) informing the subscriber that, if the
subscriber fails to respond in 60 days, the
subscriber will lose the distant network signal
but will be permitted to subscribe to the local
network signal; and
``(B) if the subscriber--
``(i) elects to substitute such local network
signal within such 60 days, switch such subscriber
to such local network signal within 10 days after
the end of such 60-day period; or
``(ii) fails to respond within such 60 days,
terminate the distant network signal within 10
days after the end of such 60-day period.
``(2) Notice to station licensees of commencement of local-
into-local service.--
``(A) Notice required.--Within 180 days after the
date of enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, the Commission shall
revise the regulations under this section relating to
notice to broadcast station licensees to comply with the
requirements of this paragraph.
``(B) Contents of commencement notice.--The notice
required by such regulations shall inform each
television broadcast station licensee within any local
market in which a satellite carrier proposes to commence
carriage of signals of stations from that market, not
later than 60 days prior to the commencement of such
carriage--
``(i) of the carrier's intention to launch
local-into-local service under this section in a
local market, the identity of that local market,
and the location of the carrier's proposed local
receive facility for that local market;
``(ii) of the right of such licensee to elect
carriage under this section or grant
retransmission consent under section 325(b);
``(iii) that such licensee has 30 days from
the date of the receipt of such notice to make
such election; and
``(iv) that failure to make such election will
result in the loss of the right to demand carriage
under this section for the remainder of the 3-year
cycle of carriage under section 325.
``(C) Transmission of notices.--Such regulations
shall require that each satellite carrier shall transmit
the notices required by such regulation via certified
mail to the address for such television station licensee
listed in the consolidated database system maintained by
the Commission.''.
SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.
(a) Amendment.--Section 338 of the Communications Act of 1934 (47
U.S.C. 338) is further amended by inserting after subsection (h) (as
added by section 205) the following new subsection:
``(i) Privacy Rights of Satellite Subscribers.--
``(1) Notice.--At the time of entering into an agreement to
provide any satellite service or other service to a subscriber
[[Page 118 STAT. 3426]]
and at least once a year thereafter, a satellite carrier shall
provide notice in the form of a separate, written statement to
such subscriber which clearly and conspicuously informs the
subscriber of--
``(A) the nature of personally identifiable
information collected or to be collected with respect to
the subscriber and the nature of the use of such
information;
``(B) the nature, frequency, and purpose of any
disclosure which may be made of such information,
including an identification of the types of persons to
whom the disclosure may be made;
``(C) the period during which such information will
be maintained by the satellite carrier;
``(D) the times and place at which the subscriber
may have access to such information in accordance with
paragraph (5); and
``(E) the limitations provided by this section with
respect to the collection and disclosure of information
by a satellite carrier and the right of the subscriber
under paragraphs (7) and (9) to enforce such
limitations.
In <<NOTE: Deadline.>> the case of subscribers who have entered
into such an agreement before the effective date of this
subsection, such notice shall be provided within 180 days of
such date and at least once a year thereafter.
``(2) Definitions.--For purposes of this subsection, other
than paragraph (9)--
``(A) the term `personally identifiable information'
does not include any record of aggregate data which does
not identify particular persons;
``(B) the term `other service' includes any wire or
radio communications service provided using any of the
facilities of a satellite carrier that are used in the
provision of satellite service; and
``(C) the term `satellite carrier' includes, in
addition to persons within the definition of satellite
carrier, any person who--
``(i) is owned or controlled by, or under
common ownership or control with, a satellite
carrier; and
``(ii) provides any wire or radio
communications service.
``(3) Prohibitions.--
``(A) Consent to collection.--Except as provided in
subparagraph (B), a satellite carrier shall not use any
facilities used by the satellite carrier to collect
personally identifiable information concerning any
subscriber without the prior written or electronic
consent of the subscriber concerned.
``(B) Exceptions.--A satellite carrier may use such
facilities to collect such information in order to--
``(i) obtain information necessary to render a
satellite service or other service provided by the
satellite carrier to the subscriber; or
``(ii) detect unauthorized reception of
satellite communications.
``(4) Disclosure.--
``(A) Consent to disclosure.--Except as provided in
subparagraph (B), a satellite carrier shall not disclose
[[Page 118 STAT. 3427]]
personally identifiable information concerning any
subscriber without the prior written or electronic
consent of the subscriber concerned and shall take such
actions as are necessary to prevent unauthorized access
to such information by a person other than the
subscriber or satellite carrier.
``(B) Exceptions.--A satellite carrier may disclose
such information if the disclosure is--
``(i) necessary to render, or conduct a
legitimate business activity related to, a
satellite service or other service provided by the
satellite carrier to the subscriber;
``(ii) subject to paragraph (9), made pursuant
to a court order authorizing such disclosure, if
the subscriber is notified of such order by the
person to whom the order is directed;
``(iii) a disclosure of the names and
addresses of subscribers to any satellite service
or other service, if--
``(I) the satellite carrier has
provided the subscriber the opportunity
to prohibit or limit such disclosure;
and
``(II) the disclosure does not
reveal, directly or indirectly, the--
``(aa) extent of any viewing
or other use by the subscriber
of a satellite service or other
service provided by the
satellite carrier; or
``(bb) the nature of any
transaction made by the
subscriber over any facilities
used by the satellite carrier;
or
``(iv) to a government entity as authorized
under chapter 119, 121, or 206 of title 18, United
States Code, except that such disclosure shall not
include records revealing satellite subscriber
selection of video programming from a satellite
carrier.
``(5) Access by subscriber.--A satellite subscriber shall be
provided access to all personally identifiable information
regarding that subscriber which is collected and maintained by a
satellite carrier. Such information shall be made available to
the subscriber at reasonable times and at a convenient place
designated by such satellite carrier. A satellite subscriber
shall be provided reasonable opportunity to correct any error in
such information.
``(6) Destruction of information.--A satellite carrier shall
destroy personally identifiable information if the information
is no longer necessary for the purpose for which it was
collected and there are no pending requests or orders for access
to such information under paragraph (5) or pursuant to a court
order.
``(7) Penalties.--Any person aggrieved by any act of a
satellite carrier in violation of this section may bring a civil
action in a United States district court. The court may award--
``(A) actual damages but not less than liquidated
damages computed at the rate of $100 a day for each day
of violation or $1,000, whichever is higher;
``(B) punitive damages; and
[[Page 118 STAT. 3428]]
``(C) reasonable attorneys' fees and other
litigation costs reasonably incurred.
The remedy provided by this subsection shall be in addition to
any other lawful remedy available to a satellite subscriber.
``(8) Rule of construction.--Nothing in this title shall be
construed to prohibit any State from enacting or enforcing laws
consistent with this section for the protection of subscriber
privacy.
``(9) Court orders.--Except as provided in paragraph
(4)(B)(iv), a governmental entity may obtain personally
identifiable information concerning a satellite subscriber
pursuant to a court order only if, in the court proceeding
relevant to such court order--
``(A) such entity offers clear and convincing
evidence that the subject of the information is
reasonably suspected of engaging in criminal activity
and that the information sought would be material
evidence in the case; and
``(B) the subject of the information is afforded the
opportunity to appear and contest such entity's
claim.''.
(b) Effective Date.--Section 338(i) <<NOTE: 47 USC 338 note.>> of
the Communications Act of 1934 (47 U.S.C. 338(i)) as amended by
subsection (a) of this section shall be effective 60 days after the date
of enactment of this Act.
SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.
(a) Amendments.--Section 325(b)(3)(C) of the Communications Act of
1934 (47 U.S.C. 325(b)(3)(C)) is amended--
(1) by striking ``Within 45 days'' and all that follows
through ``1999, the'' and inserting ``The'';
(2) by striking the second sentence;
(3) by striking ``and'' at the end of clause (i);
(4) in clause (ii)--
(A) by striking ``January 1, 2006'' and inserting
``January 1, 2010''; and
(B) by striking the period at the end and inserting
``; and''; and
(5) by adding at the end the following new clause:
``(iii) until January 1, 2010, prohibit a
multichannel video programming distributor from
failing to negotiate in good faith for
retransmission consent under this section, and it
shall not be a failure to negotiate in good faith
if the distributor enters into retransmission
consent agreements containing different terms and
conditions, including price terms, with different
broadcast stations if such different terms and
conditions are based on competitive marketplace
considerations.''.
(b) Deadline.--The <<NOTE: Regulations. 47 USC 325 note.>> Federal
Communications Commission shall prescribe regulations to implement the
amendment made by subsection (a)(5) within 180 days after the date of
enactment of this Act.
SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE.
(a) Study Required.--No <<NOTE: Deadline.>> later than 9 months
after the date of enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Federal Communications Commission shall
complete an inquiry regarding the impact on competition in the
multichannel video programming distribution market of the current
[[Page 118 STAT. 3429]]
retransmission consent, network nonduplication, syndicated exclusivity,
and sports blackout rules, including the impact of those rules on the
ability of rural cable operators to compete with direct broadcast
satellite industry in the provision of digital broadcast television
signals to consumers. Such report shall include such recommendations for
changes in any statutory provisions relating to such rules as the
Commission deems appropriate.
(b) Report Required.--The Federal Communications Commission shall
submit a report on the results of the inquiry required by subsection (a)
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate
not later than 9 months after the date of the enactment of this Act.
SEC. 209. REDUCTION OF REQUIRED TESTS.
Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C.
339(c)(4)) is amended by inserting after subparagraph (C) the following
new subparagraphs:
``(D) Reduction of verification burdens.--Within 1
year after the date of enactment of the Satellite Home
Viewer Extension and Reauthorization Act of 2004, the
Commission shall by rule exempt from the verification
requirements of subparagraph (A) any request for a test
made by a subscriber to a satellite carrier to whom the
retransmission of the signals of local broadcast
stations is available under section 338 from such
carrier.
``(E) Exception.--A satellite carrier may refuse to
engage in the testing process. If the carrier does so
refuse, a subscriber in a local market in which the
satellite carrier does not offer the signals of local
broadcast stations under section 338 may, at his or her
own expense, authorize a signal intensity test to be
performed pursuant to the procedures specified by the
Commission in section 73.686(d) of title 47, Code of
Federal Regulations, by a tester who is approved by the
satellite carrier and by each affected network station,
or who has been previously approved by the satellite
carrier and by each affected network station but not
previously disapproved. A tester may not be so
disapproved for a test after the tester has commenced
such test. The tester <<NOTE: Notice.>> shall give 5
business days advance written notice to the satellite
carrier and to the affected network station or stations.
A signal intensity test conducted in accordance with
this subparagraph shall be determinative of the signal
strength received at that household for purposes of
determining whether the household is capable of
receiving a Grade B intensity signal.''.
SEC. 210. SATELLITE CARRIAGE OF TELEVISION STATIONS IN NONCONTIGUOUS
STATES.
Section 338(a) of the Communications Act of 1934 (47 U.S.C. 338(a))
is amended by adding at the end the following:
``(4) Carriage of <<NOTE: Deadlines.>> signals of local
stations in certain markets.--A satellite carrier that offers
multichannel video programming distribution service in the
United States to more than 5,000,000 subscribers shall (A)
within 1 year after the date of the enactment of the Satellite
Home Viewer Extension and Reauthorization Act of 2004,
retransmit the signals originating as analog signals of each
television broadcast station
[[Page 118 STAT. 3430]]
located in any local market within a State that is not part of
the contiguous United States, and (B) within 30 months after
such date of enactment retransmit the signals originating as
digital signals of each such station. The retransmissions of
such stations shall be made available to substantially all of
the satellite carrier's subscribers in each station's local
market, and the retransmissions of the stations in at least one
market in the State shall be made available to substantially all
of the satellite carrier's subscribers in areas of the State
that are not within a designated market area. The cost to
subscribers of such retransmissions shall not exceed the cost of
retransmissions of local television stations in other States.
Within 1 <<NOTE: Regulations.>> year after the date of enactment
of that Act, the Commission shall promulgate regulations
concerning elections by television stations in such State
between mandatory carriage pursuant to this section and
retransmission consent pursuant to section 325(b), which shall
take into account the schedule on which local television
stations are made available to viewers in such State.''.
SEC. 211. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by inserting after section 339 the following:
``SEC. 341. <<NOTE: 47 USC 341.>> CARRIAGE OF TELEVISION SIGNALS TO
CERTAIN SUBSCRIBERS.
``(a)(1) In General.--A cable operator or satellite carrier may
elect to retransmit, to subscribers in an eligible county.--
``(A) any television broadcast stations that are located in
the State in which the county is located and that any cable
operator or satellite carrier was retransmitting to subscribers
in the county on January 1, 2004; or
``(B) up to 2 television broadcast stations located in the
State in which the county is located, if the number of
television broadcast stations that the cable operator or
satellite carrier is authorized to carry under paragraph (1) is
less than 3.
``(2) Deemed Significantly Viewed.--A station described in
subsection (a) is deemed to be significantly viewed in the eligible
county within the meaning of section 76.54 of the Commission's
regulations (47 CFR 76.54).
``(3) Definition of Eligible County.--For purposes of this section,
the term `eligible county' means any 1 of 4 counties that--
``(A) are all in a single State;
``(B) on January 1, 2004, were each in designated market
areas in which the majority of counties were located in another
State or States; and
``(C) as a group had a combined total of 41,340 television
households according to the U.S. Television Household Estimates
by Nielsen Media Research for 2003-2004.
``(4) Limitation.--Carriage of a station under this section shall be
at the option of the cable operator or satellite carrier.
``(b) Certain Markets.--Notwithstanding any other provision of law,
a satellite carrier may not carry the signal of a television station
into an adjacent local market that is comprised of only a portion of a
county, other than to unserved households located in that county.''.
[[Page 118 STAT. 3431]]
SEC. 212. <<NOTE: 47 USC 325 note.>> DIGITAL TRANSITION SAVINGS
PROVISION.
Nothing in the dates by which requirements or other provisions are
effective under this Act or the amendments made by this Act shall be
construed--
(1) to impair the authority of the Federal Communications
Commission to take any action with respect to the transition by
television broadcasters to the digital television service; or
(2) to require the Commission to take any such action.
SEC. 213. AUTHORIZING BROADCAST SERVICE IN UNSERVED AREAS OF ALASKA.
Title III of the Communications Act of 1934 is amended as follows:
(1) <<NOTE: 47 USC 307.>> In section 307(c)(3)--
(A) by striking ``any hearing'' and inserting ``any
administrative or judicial hearing''; and
(B) by inserting ``or section 402'' after ``section
405''.
(2) In section 307, by adding at the end the following new
subsection:
``(f) Notwithstanding any other provision of law, (1) any holder of
a broadcast license may broadcast to an area of Alaska that otherwise
does not have access to over the air broadcasts via translator,
microwave, or other alternative signal delivery even if another holder
of a broadcast license begins broadcasting to such area, (2) any holder
of a broadcast license who has broadcast to an area of Alaska that did
not have access to over the air broadcasts via translator, microwave, or
other alternative signal delivery may continue providing such service
even if another holder of a broadcast license begins broadcasting to
such area, and shall not be fined or subject to any other penalty,
forfeiture, or revocation related to providing such service including
any fine, penalty, forfeiture, or revocation for continuing to operate
notwithstanding orders to the contrary.''.
(3) In section 312(g), <<NOTE: 47 USC 312.>> by inserting
before the period at the end the following: ``, except that the
Commission may extend or reinstate such station license if the
holder of the station license prevails in an administrative or
judicial appeal, the applicable law changes, or for any other
reason to promote equity and fairness. Any broadcast license
revoked or terminated in Alaska in a proceeding related to
broadcasting via translator, microwave, or other alternative
signal delivery is reinstated''.
TITLE X--SNAKE <<NOTE: Snake River Water Rights Act of
2004. Idaho. Native Americans.>> RIVER WATER RIGHTS ACT OF 2004
SECTION 1. SHORT TITLE.
This title may be cited as the ``Snake River Water Rights Act of
2004''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to resolve some of the largest outstanding issues with
respect to the Snake River Basin Adjudication in Idaho in such a
manner as to provide important benefits to the United States,
the State of Idaho, the Nez Perce Tribe, the allottees, and
citizens of the State;
[[Page 118 STAT. 3432]]
(2) to achieve a fair, equitable, and final settlement of
all claims of the Nez Perce Tribe, its members, and allottees
and the United States on behalf of the Tribe, its members, and
allottees to the water of the Snake River Basin within Idaho;
(3) to authorize, ratify, and confirm the Agreement among
the parties submitted to the Snake River Basin Adjudication
Court and provide all parties with the benefits of the
Agreement;
(4) to direct--
(A) the Secretary, acting through the Bureau of
Reclamation, the Bureau of Land Management, the Bureau
of Indian Affairs, and other agencies; and
(B) the heads of other Federal agencies authorized
to execute and perform actions necessary to carry out
the Agreement;
to perform all of their obligations under the Agreement and this
Act; and
(5) to authorize the actions and appropriations necessary
for the United States to meet the obligations of the United
States under the Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the document
titled ``Mediator's Term Sheet'' dated April 20, 2004, and
submitted on that date to the SRBA Court in SRBA Consolidated
Subcase 03-10022 and SRBA Consolidated Subcase 67-13701, with
all appendices to the document.
(2) Allottee.--The term ``allottee'' means a person that
holds a beneficial real property interest in an Indian allotment
that is--
(A) located within the Nez Perce Reservation; and
(B) held in trust by the United States.
(3) Consumptive use reserved water right.--The term
``consumptive use reserved water right'' means the Federal
reserved water right of 50,000 acre-feet per year, as described
in the Agreement, to be decreed to the United States in trust
for the Tribe and the allottees, with a priority date of 1855.
(4) Parties.--The term ``parties'' means the United States,
the State, the Tribe, and any other entity or person that
submitted, or joined in the submission of, the Agreement to the
SRBA Court on April 20, 2004.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Snake river basin.--The term ``Snake River Basin'' means
the geographic area in the State described in paragraph 3 of the
Commencement Order issued by the SRBA Court on November 19,
1987.
(7) Springs or fountains water right.--The term ``springs or
fountains water right'' means the Tribe's treaty right of access
to and use of water from springs or fountains on Federal public
land within the area ceded by the Tribe in the Treaty of June 9,
1863 (14 Stat. 647), as recognized under the Agreement.
[[Page 118 STAT. 3433]]
(8) SRBA.--The term ``SRBA'' means the Snake River Basin
Adjudication litigation before the SRBA Court styled as In re
Snake River Basin Adjudication, Case No. 39576.
(9) SRBA court.--The term ``SRBA Court'' means the District
Court of the Fifth Judicial District of the State of Idaho, In
and For the County of Twin Falls in re Snake River Basin
Adjudication.
(10) State.--The term ``State'' means the State of Idaho.
(11) Tribe.--The term ``Tribe'' means the Nez Perce Tribe.
SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT.
(a) In General.--Except to the extent that the Agreement conflicts
with the express provisions of this Act, the Agreement is approved,
ratified, and confirmed.
(b) Execution and Performance.--The Secretary and the other heads of
Federal agencies with obligations under the Agreement shall execute and
perform all actions, consistent with this Act, that are necessary to
carry out the Agreement.
SEC. 5. BUREAU OF RECLAMATION WATER USE.
(a) In General.--As part of the overall implementation of the
Agreement, the Secretary shall take such actions consistent with the
Agreement, this Act, and water law of the State as are necessary to
carry out the Snake River Flow Component of the Agreement.
(b) Mitigation for Change of Use of Water.--
(1) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary $2,000,000 for a 1-time payment
to local governments to mitigate for the change of use of water
acquired by the Bureau of Reclamation under section III.C.6 of
the Agreement.
(2) Distribution of funds.--Funds made available under
paragraph (1) shall be distributed by the Secretary to local
governments in accordance with a plan provided to the Secretary
by the State.
(3) Payments.--Payments by the Secretary shall be made on a
pro rata basis as water rights are acquired by the Bureau of
Reclamation.
SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER.
(a) Transfer.--
(1) In general.--The Secretary shall transfer land selected
by the Tribe under paragraph (2) to the Bureau of Indian Affairs
to be held in trust for the Tribe.
(2) Land selection.--The land transferred shall be selected
by the Tribe from a list of parcels of land managed by the
Bureau of Land Management that are available for transfer, as
depicted on the map entitled ``North Idaho BLM Land Eligible for
Selection by the Nez Perce Tribe'' dated May 2004, on file with
the Director of the Bureau of Land Management, not including any
parcel designated on the map as being on the Clearwater River or
Lolo Creek.
(3) Maximum value.--The land selected by the Tribe for
transfer shall be limited to a maximum value in total of not
more than $7,000,000, as determined by an independent appraisal
of fair market value prepared in accordance with the Uniform
Standards of Professional Appraisal Practice and
[[Page 118 STAT. 3434]]
the Uniform Appraisal Standards for Federal Land Acquisitions.
(b) Existing Rights and Uses.--
(1) In general.--On any land selected by the Tribe under
subsection (a)(2), any use in existence on the date of transfer
under subsection (a) under a lease or permit with the Bureau of
Land Management, including grazing, shall remain in effect until
the date of expiration of the lease or permit, unless the holder
of the lease or permit requests an earlier termination of the
lease or permit, in which case the Secretary shall grant the
request.
(2) Availability of amounts.--Amounts that accrue to the
United States under a lease or permit described in paragraph (1)
from sales, bonuses, royalties, and rentals relating to any land
transferred to the Tribe under this section shall be made
available to the Tribe by the Secretary in the same manner as
amounts received from other land held by the Secretary in trust
for the Tribe.
(c) Date of Transfer.--No land shall be transferred to the Bureau of
Indian Affairs to be held in trust for the Tribe under this section
until the waivers and releases under section 10(a) take effect.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary $200,000 for 1-time payments to local governments
to mitigate for the transfer of land by the Bureau of Land
Management to the Tribe under section I.F of the Agreement.
(2) Payments.--Payments under paragraph (1) shall be made on
a pro rata basis as parcels of land are acquired by the Tribe.
SEC. 7. WATER RIGHTS.
(a) Holding in Trust.--
(1) In general.--The consumptive use reserved water right
shall--
(A) be held in trust by the United States for the
benefit of the Tribe and allottees as set forth in this
section; and
(B) be subject to section 7 of the Act of February
8, 1887 (25 U.S.C. 381).
(2) Springs or fountains water right.--The springs or
fountains water right of the Tribe shall be held in trust by the
United States for the benefit of the Tribe.
(3) Allottees.--Allottees shall be entitled to a just and
equitable allocation of the consumptive use reserved water right
for irrigation purposes.
(b) Water Code.--
(1) Enactment of water code.--Not <<NOTE: Deadline.>> later
than 3 years after the date of enactment of this Act, the Tribe
shall enact a water code, subject to any applicable provision of
law, that--
(A) manages, regulates, and controls the consumptive
use reserved water right so as to allocate water for
irrigation, domestic, commercial, municipal, industrial,
cultural, or other uses; and
(B) includes, subject to approval of the Secretary--
[[Page 118 STAT. 3435]]
(i) a due process system for the consideration
and determination of any request by an allottee,
or any successor in interest to an allottee, for
an allocation of such water for irrigation
purposes on allotted land, including a process for
an appeal and adjudication of denied or disputed
distribution of water and for resolution of
contested administrative decisions; and
(ii) a process to protect the interests of
allottees when entering into any lease under
subsection (e).
(2) Secretarial approval.--Any provision of the water code
and any amendments to the water code that affect the rights of
the allottees shall be subject to approval by the Secretary, and
no such provision or amendment shall be valid until approved by
the Secretary.
(3) Interim administration.--The Secretary shall administer
the consumptive use reserved water right until such date as the
water code described in paragraph (2) has been enacted by the
Tribe and the Secretary has approved the relevant portions of
the water code.
(c) Exhaustion of Remedies.--Before asserting any claim against the
United States under section 7 of the Act of February 8, 1887 (25 U.S.C.
381) or other applicable law, a claimant shall exhaust remedies
available under the Tribe's water code and Tribal law.
(d) Petition to the Secretary.--Following exhaustion of remedies in
accordance with subsection (c), a claimant may petition the Secretary
for relief.
(e) Satisfaction of Claims.--
(1) In general.--The water rights and other benefits granted
or confirmed by the Agreement and this Act shall be in full
satisfaction of all claims for water rights and injuries to
water rights of the allottees.
(2) Satisfaction of entitlements.--Any entitlement to water
of any allottee under Federal law shall be satisfied out of the
consumptive use reserved water right.
(3) Complete substitution.--The water rights, resources, and
other benefits provided by this Act are a complete substitution
for any rights that may have been held by, or any claims that
may have been asserted by, allottees within the exterior
boundaries of the Reservation before the date of enactment of
this Act.
(f) Abandonment, Forfeiture, or Nonuse.--The consumptive use
reserved water right and the springs or fountains water right shall not
be subject to loss by abandonment, forfeiture, or nonuse.
(g) Lease of Water.--
(1) In general.--Subject to the water code, the Tribe,
without further approval of the Secretary, may lease water to
which the Tribe is entitled under the consumptive use reserved
water right through any State water bank in the same manner and
subject to the same rules and requirements that govern any other
lessor of water to the water bank.
(2) Funds.--Any funds accruing to the Tribe from any lease
under paragraph (1) shall be the property of the Tribe, and the
United States shall have no trust obligation or other obligation
to monitor, administer, or account for any consideration
received by the Tribe under any such lease.
[[Page 118 STAT. 3436]]
SEC. 8. TRIBAL FUNDS.
(a) Definition of Fund.--In this section, the term ``Fund'' means--
(1) the Nez Perce Tribe Water and Fisheries Fund established
under subsection (b)(1); and
(2) the Nez Perce Tribe Domestic Water Supply Fund
established under subsection (b)(2).
(b) Establishment.--There are established in the Treasury of the
United States--
(1) a fund to be known as the ``Nez Perce Tribe Water and
Fisheries Fund'', to be used to pay or reimburse costs incurred
by the Tribe in acquiring land and water rights, restoring or
improving fish habitat, or for fish production, agricultural
development, cultural preservation, water resource development,
or fisheries-related projects; and
(2) a fund to be known as the ``Nez Perce Domestic Water
Supply Fund'', to be used to pay the costs for design and
construction of water supply and sewer systems for tribal
communities, including a water quality testing laboratory.
(c) Management of the Funds.--The Secretary shall manage the Funds,
make investments from the Funds, and make amounts available from the
Funds for distribution to the Tribe consistent with the American Indian
Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), this
Act, and the Agreement.
(d) Investment of the Funds.--The Secretary shall invest amounts in
the Funds in accordance with--
(1) the Act of April 1, 1880 (25 U.S.C. 161; 21 Stat. 70,
chapter 41);
(2) the first section of the Act of June 24, 1938 (25 U.S.C.
162a; 52 Stat. 1037, chapter 648); and
(3) subsection (c).
(e) Availability of Amounts From the Funds.--Amounts made available
under subsection (h) shall be available for expenditure or withdrawal
only after the waivers and releases under section 10(a) take effect.
(f) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) In general.--The Tribe may withdraw all or part
of amounts in the Funds on approval by the Secretary of
a tribal management plan as described in the American
Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan shall require that the Tribe spend any
amounts withdrawn from the Funds in accordance with the
purposes described in subsection (b).
(C) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any
tribal management plan to ensure that any amounts
withdrawn from the Funds under the plan are used in
accordance with this Act and the Agreement.
(D) Liability.--If the Tribe exercises the right to
withdraw amounts from the Funds, neither the Secretary
nor the Secretary of the Treasury shall retain any
liability for the expenditure or investment of the
amounts.
[[Page 118 STAT. 3437]]
(2) Expenditure plan.--
(A) In general.--The Tribe shall submit to the
Secretary for approval an expenditure plan for any
portion of the amounts made available under subsection
(h) that the Tribe does not withdraw under this
subsection.
(B) Description.--The expenditure plan shall
describe the manner in which, and the purposes for
which, amounts of the Tribe remaining in the Funds will
be used.
(C) Approval.--On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is
reasonable and consistent with this Act and the
Agreement.
(D) Annual report.--For each Fund, the Tribe shall
submit to the Secretary an annual report that describes
all expenditures from the Fund during the year covered
by the report.
(g) No Per Capita Payments.--No part of the principal of the Funds,
or of the income accruing in the Funds, shall be distributed to any
member of the Tribe on a per capita basis.
(h) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to the Nez Perce Tribe Water and Fisheries Fund--
(A) for fiscal year 2007, $7,830,000;
(B) for fiscal year 2008, $4,730,000;
(C) for fiscal year 2009, $7,380,000;
(D) for fiscal year 2010, $10,080,000;
(E) for fiscal year 2011, $11,630,000;
(F) for fiscal year 2012, $9,450,000; and
(G) for fiscal year 2013, $9,000,000; and
(2) to the Nez Perce Tribe Domestic Water Supply Fund--
(A) for fiscal year 2007, $5,100,000;
(B) for fiscal year 2008, $8,200,000;
(C) for fiscal year 2009, $5,550,000;
(D) for fiscal year 2010, $2,850,000; and
(E) for fiscal year 2011, $1,300,000.
SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury of the
United States a fund to be known as the ``Salmon and Clearwater
River Basins Habitat Fund'' (referred to in this section as the
``Fund''), to be administered by the Secretary.
(2) Accounts.--There is established within the Fund--
(A) an account to be known as the ``Nez Perce Tribe
Salmon and Clearwater River Basins Habitat Account'',
which shall be administered by the Secretary for use by
the Tribe subject to the same provisions for management,
investment, and expenditure as the funds established by
section 8; and
(B) an account to be known as the ``Idaho Salmon and
Clearwater River Basins Habitat Account'', which shall
be administered by the Secretary and provided to the
State as provided in the Agreement and this Act.
(b) Use of the Fund.--
(1) In general.--The Fund shall be used to supplement
amounts made available under any other law for habitat
protection and restoration in the Salmon and Clearwater River
Basins
[[Page 118 STAT. 3438]]
in Idaho, including projects and programs intended to protect
and restore listed fish and their habitat in those basins, as
specified in the Agreement and this Act.
(2) Release of funds.--The Secretary shall release funds
from the Idaho Salmon and Clearwater River Basins Habitat
Account in accordance with section 6(d)(2) of the Endangered
Species Act (16 U.S.C. 1535(d)(2)).
(3) No allocation requirement.--The use of the Fund shall
not be subject to the allocation procedures under section
6(d)(1) of the Endangered Species Act of 1973 (16 U.S.C.
1535(d)(1)).
(c) Availability of Amounts in the Fund.--Amounts made available
under subsection (d) shall be available for expenditure or withdrawal
only after the waivers and releases under section 10(a) take effect.
(d) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to the Nez Perce Tribe Salmon and Clearwater River
Basins Habitat Account, $2,533,334 for each of fiscal years 2007
through 2011; and
(2) to the Idaho Salmon and Clearwater River Basins Habitat
Account, $5,066,666 for each of fiscal years 2007 through 2011.
SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS.
(a) Waiver and Release of Claims in General.--
(1) Claims to water rights; claims for injuries to water
rights or treaty rights.--Except as otherwise provided in this
Act, the United States on behalf of the Tribe and the allottees,
and the Tribe, waive and release--
(A) all claims to water rights within the Snake
River Basin (as defined in section 3);
(B) all claims for injuries to such water rights;
and
(C) all claims for injuries to the treaty rights of
the Tribe to the extent that such injuries result or
resulted from flow modifications or reductions in the
quantity of water available that accrued at any time up
to and including the effective date of the settlement,
and any continuation thereafter of any such claims,
against the State, any agency or political subdivision
of the State, or any person, entity, corporation,
municipal corporation, or quasi-municipal corporation.
(2) Claims based on reduced water quality or reductions in
water quantity.--The United States on behalf of the Tribe and
the allottees, and the Tribe, waive and release any claim, under
any treaty theory, based on reduced water quality resulting
directly from flow modifications or reductions in the quantity
of water available in the Snake River Basin against any party to
the Agreement.
(3) No future assertion of claims.--No water right claim
that the Tribe or the allottees have asserted or may in the
future assert outside the Snake River Basin shall require water
to be supplied from the Snake River Basin to satisfy the claim.
(4) Effect of waivers and releases.--The waivers and
releases by the United States and the Tribe under this
subsection--
(A) shall be permanent and enforceable; and
[[Page 118 STAT. 3439]]
(B) shall survive any subsequent termination of any
component of the settlement described in the Agreement
or this Act.
(5) Effective date.--The <<NOTE: Federal
Register, publication.>> waivers and releases under this
subsection shall take effect on the date on which the Secretary
causes to be published in the Federal Register a statement of
findings that the actions set forth in section IV.L of the
Agreement--
(A) have been completed, including issuance of a
judgment and decree by the SRBA court from which no
further appeal may be taken; and
(B) have been determined by the United States on
behalf of the Tribe and the allottees, the Tribe, and
the State of Idaho to be consistent in all material
aspects with the Agreement.
(b) Waiver and Release of Claims Against the United States.--
(1) In general.--In consideration of performance by the
United States of all actions required by the Agreement and this
Act, including the appropriation of all funds authorized under
sections 8(h) and 9(d)(1), the Tribe shall execute a waiver and
release of the United States from--
(A) all claims for water rights within the Snake
River Basin, injuries to such water rights, or breach of
trust claims for failure to protect, acquire, or develop
such water rights that accrued at any time up to and
including the effective date determined under paragraph
(2);
(B) all claims for injuries to the Tribe's treaty
fishing rights, to the extent that such injuries result
or resulted from reductions in the quantity of water
available in the Snake River Basin;
(C) all claims of breach of trust for failure to
protect Nez Perce springs or fountains treaty rights
reserved in article VIII of the Treaty of June 9, 1863
(14 Stat. 651); and
(D) all claims of breach of trust arising out of the
negotiation of or resulting from the adoption of the
Agreement.
(2) Effective date.--
(A) In general.--The waiver and release contained in
this subsection shall take effect on the date on which
the amounts authorized under sections 8(h) and 9(d)(1)
are appropriated.
(B) Periods of limitation; equitable claims.--
(i) In general.--All periods of limitation and
time-based equitable defenses applicable to the
claims set forth in paragraph (1) are tolled for
the period between the date of enactment of this
Act until the earlier of--
(I) the date on which the amounts
authorized under sections 8(h) and
9(d)(1) are appropriated; or
(II) October 1, 2017.
(ii) Effect of subparagraph.--This
subparagraph neither revives any claim nor tolls
any period of limitation or time-based equitable
defense that may have expired before the date of
enactment of this Act.
[[Page 118 STAT. 3440]]
(3) Defense.--The making of the amounts of appropriations
authorized under sections 8(h) and 9(d)(1) shall constitute a
complete defense to any claim pending in any court of the United
States on the date on which the appropriations are made.
(c) Retention of Rights.--
(1) In general.--The Tribe shall retain all rights not
specifically waived or released in the Agreement or this Act.
(2) Dworshak project.--Nothing in the Agreement or this Act
constitutes a waiver by the Tribe of any claim against the
United States resulting from the construction and operation of
the Dworshak Project (Project PWI 05090), other than those
specified in subparagraphs (A) and (B) of subsection (b)(1).
(3) Future acquisition of water rights.--Nothing in the
Agreement or this Act precludes the Tribe or allottees, or the
United States as trustee for the Tribe or allottees, from
purchasing or otherwise acquiring water rights in the future to
the same extent as any other entity in the State.
SEC. 11. MISCELLANEOUS.
(a) General Disclaimer.--The parties expressly reserve all rights
not specifically granted, recognized, or relinquished by the settlement
described in the Agreement or this Act.
(b) Disclaimer Regarding Other Agreements and Precedent.--
(1) In general.--Subject to section 9(b)(3), nothing in this
Act amends, supersedes, or preempts any State law, Federal law,
Tribal law, or interstate compact that pertains to the Snake
River Basin.
(2) No establishment of standard.--Nothing in this Act--
(A) establishes any standard for the quantification
of Federal reserved water rights or any other Indian
water claims of any other Indian tribes in any other
judicial or administrative proceeding; or
(B) limits the rights of the parties to litigate any
issue not resolved by the Agreement or this Act.
(3) No admission against interest.--Nothing in this Act
constitutes an admission against interest against any party in
any legal proceeding.
(c) Treaty Rights.--Nothing in the Agreement or this Act impairs the
treaty fishing, hunting, pasturing, or gathering rights of the Tribe
except to the extent expressly provided in the Agreement or this Act.
(d) Other Claims.--Nothing in the Agreement or this Act quantifies
or otherwise affects the water rights, claims, or entitlements to water,
or any other treaty right, of any Indian tribe, band, or community other
than the Tribe.
(e) Recreation on Dworshak Reservoir.--
(1) In general.--In implementing the provisions of the
Agreement and this Act relating to the use of water stored in
Dworshak Reservoir for flow augmentation purposes, the heads of
the Federal agencies involved in the operational Memorandum of
Agreement referred to in the Agreement shall implement a flow
augmentation plan beneficial to fish and consistent with the
Agreement.
[[Page 118 STAT. 3441]]
(2) Contents of plan.--The flow augmentation plan may
include provisions beneficial to recreational uses of the
reservoir through maintenance of the full level of the reservoir
for prolonged periods during the summer months.
(f) Jurisdiction.--
(1) No effect on subject matter jurisdiction.--Nothing in
the Agreement or this Act restricts, enlarges, or otherwise
determines the subject matter jurisdiction of any Federal,
State, or Tribal court.
(2) Consent to jurisdiction.--The United States consents to
jurisdiction in a proper forum for purposes of enforcing the
provisions of the Agreement.
(3) Effect of subsection.--Nothing in this subsection
confers jurisdiction on any State court to--
(A) enforce Federal environmental laws regarding the
duties of the United States; or
(B) conduct judicial review of Federal agency
action.
DIVISION K--SMALL <<NOTE: Small Business Reauthorization and
Manufacturing Assistance Act of 2004. 15 USC 631 note.>> BUSINESS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Small Business
Reauthorization and Manufacturing Assistance Act of 2004''.
(b) Table of Contents.--The table of contents for this division is
as follows:
TITLE I--SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING
Sec. 1. Short title; table of contents.
Subtitle A--Small manufacturers assistance
Sec. 101. Express loans.
Sec. 102. Loan guarantee fees.
Sec. 103. Increase in guarantee amount and institution of associated
fee.
Sec. 104. Debenture size.
Sec. 105. Job requirements.
Sec. 106. Report regarding national database of small manufacturers.
Sec. 107. International trade.
Subtitle B--Authorizations
Chapter 1--Program authorization levels and additional reauthorizations
Sec. 121. Program authorization levels.
Sec. 122. Additional reauthorizations.
Chapter 2--Paul D. Coverdell drug-free workplace program authorizations
and sundry amendments
Sec. 123. Paul D. Coverdell drug-free workplace program authorization
provisions.
Sec. 124. Grant provisions.
Sec. 125. Drug-free communities coalitions as eligible intermediaries.
Sec. 126. Promotion of effective practices of eligible intermediaries.
Sec. 127. Report to Congress.
Subtitle C--Administration Management
Sec. 131. Lender examination and review fees.
Sec. 132. Gifts and co-sponsorship of events.
Subtitle D--Entrepreneurial development programs
Chapter 1--Office of entrepreneurial development
Sec. 141. Service Corps of Retired Executives.
Sec. 142. Small business development center program.
[[Page 118 STAT. 3442]]
Chapter 2--Office of Veterans Business Development
Sec. 143. Advisory Committee on Veterans Business Affairs.
Sec. 144. Outreach grants for veterans.
Sec. 145. Authorization of appropriations.
Sec. 146. National Veterans Business Development Corporation.
Chapter 3--Manufacturing and entrepreneurial development
Sec. 147. Small Business Manufacturing Task Force.
Subtitle E--HUBZone Program
Sec. 151. Streamlining and revision of HUBZone eligibility requirements.
Sec. 152. Expansion of qualified areas.
Sec. 153. Price evaluation preference.
Sec. 154. HUBZone Authorizations.
Sec. 155. Participation in federally funded projects.
Subtitle F--Small business lending companies
Sec. 161. Supervisory and enforcement authority for small business
lending companies.
Sec. 162. Definitions relating to small business lending companies.
TITLE II--MISCELLANEOUS AMENDMENTS
Sec. 201. Amendment to definition of equity capital with respect to
issuers of participating securities.
Sec. 202. Investment of excess funds.
Sec. 203. Surety bond amendments.
Sec. 204. Effective date for certain fees.
TITLE I--SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING
Subtitle A--Small Manufacturers Assistance
SEC. 101. EXPRESS LOANS.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended by adding at the end the following:
``(31) Express loans.--
``(A) Definitions.--As used in this paragraph:
``(i) The term `express lender' means any
lender authorized by the Administration to
participate in the Express Loan Program.
``(ii) The term `express loan' means any loan
made pursuant to this paragraph in which a lender
utilizes to the maximum extent practicable its own
loan analyses, procedures, and documentation.
``(iii) The term `Express Loan Program' means
the program for express loans established by the
Administration under paragraph (25)(B), as in
existence on April 5, 2004, with a guaranty rate
of not more than 50 percent.
``(B) Restriction to express lender.--The authority
to make an express loan shall be limited to those
lenders deemed qualified to make such loans by the
Administration. Designation as an express lender for
purposes of making an express loan shall not prohibit
such lender from taking any other action authorized by
the Administration for that lender pursuant to this
subsection.
``(C) Grandfathering of existing lenders.--Any
express lender shall retain such designation unless the
[[Page 118 STAT. 3443]]
Administration determines that the express lender has
violated the law or regulations promulgated by the
Administration or modifies the requirements to be an
express lender and the lender no longer satisfies those
requirements.
``(D) Maximum loan amount.--The maximum loan amount
under the Express Loan Program is $350,000.
``(E) Option to participate.--Except as otherwise
provided in this paragraph, the Administration shall
take no regulatory, policy, or administrative action,
without regard to whether such action requires
notification pursuant to paragraph (24), that has the
effect of requiring a lender to make an express loan
pursuant to subparagraph (D).''.
(b) Effective Date.--The <<NOTE: 15 USC 636 note.>> amendment made
by subsection (a) shall take effect on the date of enactment of this
Act.
SEC. 102. LOAN GUARANTEE FEES.
(a) Additional Guarantee Fee Level.--Section 7(a)(18)(A) of the
Small Business Act (15 U.S.C. 636(a)(18)(A)) is amended to read as
follows:
``(A) In general.--With respect to each loan
guaranteed under this subsection (other than a loan that
is repayable in 1 year or less), the Administration
shall collect a guarantee fee, which shall be payable by
the participating lender, and may be charged to the
borrower, as follows:
``(i) A guarantee fee not to exceed 2 percent
of the deferred participation share of a total
loan amount that is not more than $150,000.
``(ii) A guarantee fee not to exceed 3 percent
of the deferred participation share of a total
loan amount that is more than $150,000, but not
more than $700,000.
``(iii) A guarantee fee not to exceed 3.5
percent of the deferred participation share of a
total loan amount that is more than $700,000.
``(iv) In addition to the fee under clause
(iii), a guarantee fee equal to 0.25 percent of
any portion of the deferred participation share
that is more than $1,000,000.''.
(b) Clerical Amendment.--Section 7(a)(18) of the Small Business Act
(15 U.S.C. 636(a)(18)) is amended by striking subparagraph (C).
(c) Yearly Fee.--Section 7(a)(23) of the Small Business Act (15
U.S.C. 636(a)(23)) is amended--
(1) in the heading, by striking ``Annual'' and inserting
``Yearly'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) In general.--With respect to each loan
approved under this subsection, the Administration shall
assess, collect, and retain a fee, not to exceed 0.55
percent per year of the outstanding balance of the
deferred participation share of the loan, in an amount
established once annually by the Administration in the
Administration's annual budget request to Congress, as
necessary to reduce to zero the cost to the
Administration of making guarantees under this
subsection. As used in this paragraph, the term `cost'
[[Page 118 STAT. 3444]]
has the meaning given that term in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a).'';
(3) in subparagraph (B), by striking ``annual'' and
inserting ``yearly''; and
(4) by adding at the end the following:
``(C) Lowering of borrower fees.--If the
Administration determines that fees paid by lenders and
by small business borrowers for guarantees under this
subsection may be reduced, consistent with reducing to
zero the cost to the Administration of making such
guarantees--
``(i) the Administration shall first consider
reducing fees paid by small business borrowers
under clauses (i) through (iii) of paragraph
(18)(A), to the maximum extent possible; and
``(ii) fees paid by small business borrowers
shall not be increased above the levels in effect
on the date of enactment of this subparagraph.''.
SEC. 103. INCREASE IN GUARANTEE AMOUNT AND INSTITUTION OF ASSOCIATED
FEE.
(a) Increase in Amount Permitted to Be Outstanding and Committed.--
Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is
amended by striking ``$1,000,000'' and inserting ``$1,500,000''.
(b) Effective Date.--The <<NOTE: 15 USC 636 note.>> amendment made
by subsection (a) shall take effect on the date of enactment of this
Act.
SEC. 104. DEBENTURE SIZE.
Section 502(2) of the Small Business Investment Act of 1958 (15
U.S.C. 696(2)) is amended to read as follows:
``(2) Maximum amount.--
``(A) In general.--Loans made by the Administration
under this section shall be limited to--
``(i) $1,500,000 for each small business
concern if the loan proceeds will not be directed
toward a goal or project described in subparagraph
(B) or (C);
``(ii) $2,000,000 for each small business
concern if the loan proceeds will be directed
toward 1 or more of the public policy goals
described under section 501(d)(3); and
``(iii) $4,000,000 for each project of a small
manufacturer.
``(B) Definition.--As used in this paragraph, the
term `small manufacturer' means a small business
concern--
``(i) the primary business of which is
classified in sector 31, 32, or 33 of the North
American Industrial Classification System; and
``(ii) all of the production facilities of
which are located in the United States.''.
SEC. 105. JOB REQUIREMENTS.
Section 501 of the Small Business Investment Act of 1958 (15 U.S.C.
695) is amended by adding at the end the following:
``(e)(1) A project meets the objective set forth in subsection
(d)(1) if the project creates or retains one job for every $50,000
guaranteed by the Administration, except that the amount is $100,000 in
the case of a project of a small manufacturer.
[[Page 118 STAT. 3445]]
``(2) Paragraph (1) does not apply to a project for which
eligibility is based on the objectives set forth in paragraph (2) or (3)
of subsection (d), if the development company's portfolio of outstanding
debentures creates or retains one job for every $50,000 guaranteed by
the Administration.
``(3) For projects in Alaska, Hawaii, State-designated enterprise
zones, empowerment zones and enterprise communities, labor surplus
areas, as determined by the Secretary of Labor, and for other areas
designated by the Administrator, the development company's portfolio may
average not more than $75,000 per job created or retained.
``(4) Loans for projects of small manufacturers shall be excluded
from calculations under paragraph (2) or (3).
``(5) Under regulations prescribed by the Administrator, the
Administrator may waive, on a case-by-case basis or by regulation, any
requirement of this subsection (other than paragraph (4)). With respect
to any waiver the Administrator is prohibited from adopting a dollar
amount that is lower than the amounts set forth in paragraphs (1), (2),
and (3).
``(6) As used in this subsection, the term `small manufacturer'
means a small business concern--
``(A) the primary business of which is classified in sector
31, 32, or 33 of the North American Industrial Classification
System; and
``(B) all of the production facilities of which are located
in the United States.''.
SEC. 106. REPORT REGARDING NATIONAL DATABASE OF SMALL MANUFACTURERS.
(a) Study and Report.--The Administrator, in consultation with the
Association of Small Business Development Centers authorized by section
21(k) of the Small Business Act (15 U.S.C. 648(k)), shall--
(1) study the feasibility of creating a national database of
small manufacturers that institutions of higher education could
access for purposes of meeting procurement needs; and
(2) not later than 1 year after the date of enactment of
this Act, submit a report to the Congress regarding the findings
and conclusions of such study.
(b) Cost Estimate.--The report referred to in subsection (a)(2)
shall include an estimate of the cost of creating and maintaining the
database described in subsection (a)(1).
(c) Definition.--As used in this section, the term ``small
manufacturer'' means a small business concern--
(1) the primary business of which is classified in sector
31, 32, or 33 of the North American Industrial Classification
System; and
(2) all of the production facilities of which are located in
the United States.
SEC. 107. INTERNATIONAL TRADE.
(a) In General.--Section 7(a)(16) of the Small Business Act (15
U.S.C. 636(a)(16)) is amended to read as follows:
``(16) International trade.--
``(A) In general.--If the Administrator determines
that a loan guaranteed under this subsection will allow
an eligible small business concern that is engaged in or
adversely affected by international trade to improve its
[[Page 118 STAT. 3446]]
competitive position, the Administrator may make such
loan to assist such concern in--
``(i) the financing of the acquisition,
construction, renovation, modernization,
improvement, or expansion of productive facilities
or equipment to be used in the United States in
the production of goods and services involved in
international trade; or
``(ii) the refinancing of existing
indebtedness that is not structured with
reasonable terms and conditions.
``(B) Security.--Each loan made under this paragraph
shall be secured by a first lien position or first
mortgage on the property or equipment financed by the
loan or on other assets of the small business concern.
``(C) Engaged in international trade.--For purposes
of this paragraph, a small business concern is engaged
in international trade if, as determined by the
Administrator, the small business concern is in a
position to expand existing export markets or develop
new export markets.
``(D) Adversely affected by international trade.--
For purposes of this paragraph, a small business concern
is adversely affected by international trade if, as
determined by the Administrator, the small business
concern--
``(i) is confronting increased competition
with foreign firms in the relevant market; and
``(ii) is injured by such competition.
``(E) Findings by certain federal agencies.--For
purposes of subparagraph (D)(ii) the Administrator shall
accept any finding of injury by the International Trade
Commission or any finding of injury by the Secretary of
Commerce pursuant to chapter 3 of title II of the Trade
Act of 1974.''.
(b) Limitation Increase.--Section 7(a)(3)(B) of the Small Business
Act (15 U.S.C. 636(a)(3)(B)) is amended--
(1) by striking ``$1,250,000'' and inserting ``$1,750,000'';
and
(2) by striking ``$750,000'' and inserting ``$1,250,000''.
(c) Effective Date.--The <<NOTE: 15 USC 636 note.>> amendments made
by this section shall take effect on the date of enactment of this Act.
Subtitle B--Authorizations
CHAPTER 1--PROGRAM AUTHORIZATION LEVELS AND ADDITIONAL REAUTHORIZATIONS
SEC. 121. PROGRAM AUTHORIZATION LEVELS.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended--
(1) in subsection (a)(1), by striking ``certification'' each
place it appears in subparagraphs (D) and (E) and inserting
``accreditation''; and
(2) by striking subsections (c) through (i) and inserting
the following:
``(c) Disaster Mitigation Pilot Program.--The following program
levels are authorized for loans under section 7(b)(1)(C):
``(1) $15,000,000 for fiscal year 2005.
``(2) $15,000,000 for fiscal year 2006.
``(d) Fiscal Year 2005.--
[[Page 118 STAT. 3447]]
``(1) Program levels.--The following program levels are
authorized for fiscal year 2005:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $75,000,000 in technical assistance
grants, as provided in section 7(m); and
``(ii) $105,000,000 in direct loans, as
provided in 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $23,050,000,000 in
deferred participation loans and other financings. Of
such sum, the Administration is authorized to make--
``(i) $16,500,000,000 in general business
loans, as provided in section 7(a);
``(ii) $6,000,000,000 in certified development
company financings, as provided in section
7(a)(13) and as provided in section 504 of the
Small Business Investment Act of 1958;
``(iii) $500,000,000 in loans, as provided in
section 7(a)(21); and
``(iv) $50,000,000 in loans, as provided in
section 7(m).
``(C) For the programs authorized by title III of
the Small Business Investment Act of 1958, the
Administration is authorized to make--
``(i) $4,250,000,000 in purchases of
participating securities; and
``(ii) $3,250,000,000 in guarantees of
debentures.
``(D) For the programs authorized by part B of title
IV of the Small Business Investment Act of 1958, the
Administration is authorized to enter into guarantees
not to exceed $6,000,000,000, of which not more than 50
percent may be in bonds approved pursuant to section
411(a)(3) of that Act.
``(E) The Administration is authorized to make
grants or enter into cooperative agreements for a total
amount of $7,000,000 for the Service Corps of Retired
Executives program authorized by section 8(b)(1).
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to the
Administration for fiscal year 2005 such sums as may be
necessary to carry out the provisions of this Act not
elsewhere provided for, including administrative
expenses and necessary loan capital for disaster loans
pursuant to section 7(b), and to carry out the Small
Business Investment Act of 1958, including salaries and
expenses of the Administration.
``(B) Notwithstanding any other provision of this
paragraph, for fiscal year 2005--
``(i) no funds are authorized to be used as
loan capital for the loan program authorized by
section 7(a)(21) except by transfer from another
Federal department or agency to the
Administration, unless the program level
authorized for general business loans under
paragraph (1)(B)(i) is fully funded; and
``(ii) the Administration may not approve
loans on its own behalf or on behalf of any other
Federal
[[Page 118 STAT. 3448]]
department or agency, by contract or otherwise,
under terms and conditions other than those
specifically authorized under this Act or the
Small Business Investment Act of 1958, except that
it may approve loans under section 7(a)(21) of
this Act in gross amounts of not more than
$2,000,000.
``(e) Fiscal Year 2006.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2006:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $80,000,000 in technical assistance
grants, as provided in section 7(m); and
``(ii) $110,000,000 in direct loans, as
provided in 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $25,050,000,000 in
deferred participation loans and other financings. Of
such sum, the Administration is authorized to make--
``(i) $17,000,000,000 in general business
loans, as provided in section 7(a);
``(ii) $7,500,000,000 in certified development
company financings, as provided in section
7(a)(13) and as provided in section 504 of the
Small Business Investment Act of 1958;
``(iii) $500,000,000 in loans, as provided in
section 7(a)(21); and
``(iv) $50,000,000 in loans, as provided in
section 7(m).
``(C) For the programs authorized by title III of
the Small Business Investment Act of 1958, the
Administration is authorized to make--
``(i) $4,500,000,000 in purchases of
participating securities; and
``(ii) $3,500,000,000 in guarantees of
debentures.
``(D) For the programs authorized by part B of title
IV of the Small Business Investment Act of 1958, the
Administration is authorized to enter into guarantees
not to exceed $6,000,000,000, of which not more than 50
percent may be in bonds approved pursuant to section
411(a)(3) of that Act.
``(E) <<NOTE: Grants. Contracts.>> The
Administration is authorized to make grants or enter
into cooperative agreements for a total amount of
$7,000,000 for the Service Corps of Retired Executives
program authorized by section 8(b)(1).
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to the
Administration for fiscal year 2006 such sums as may be
necessary to carry out the provisions of this Act not
elsewhere provided for, including administrative
expenses and necessary loan capital for disaster loans
pursuant to section 7(b), and to carry out the Small
Business Investment Act of 1958, including salaries and
expenses of the Administration.
``(B) Notwithstanding any other provision of this
paragraph, for fiscal year 2006--
[[Page 118 STAT. 3449]]
``(i) no funds are authorized to be used as
loan capital for the loan program authorized by
section 7(a)(21) except by transfer from another
Federal department or agency to the
Administration, unless the program level
authorized for general business loans under
paragraph (1)(B)(i) is fully funded; and
``(ii) the Administration may not approve
loans on its own behalf or on behalf of any other
Federal department or agency, by contract or
otherwise, under terms and conditions other than
those specifically authorized under this Act or
the Small Business Investment Act of 1958, except
that it may approve loans under section 7(a)(21)
of this Act in gross amounts of not more than
$2,000,000.''.
SEC. 122. ADDITIONAL REAUTHORIZATIONS.
(a) Drug-Free Workplace Program Assistance.--Section 21(c)(3)(T) of
the Small Business Act (15 U.S.C. 648(c)(3)(T)) is amended by striking
``October 1, 2003'' and inserting ``October 1, 2006''.
(b) Small Business Development Centers.--Section 21(a)(4)(C) of the
Small Business Act (15 U.S.C. 648(a)(4)(C)) is amended--
(1) by striking clause (vii) and inserting the following:
``(vii) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subparagraph--
``(I) $130,000,000 for fiscal year 2005; and
``(II) $135,000,000 for fiscal year 2006.'';
(2) by redesignating clause (viii) as clause (ix); and
(3) by inserting after clause (vii) the following:
``(viii) Limitation.--From the funds appropriated
pursuant to clause (vii), the Administration shall
reserve not less than $1,000,000 in each fiscal year to
develop portable assistance for startup and
sustainability non-matching grant programs to be
conducted by eligible small business development centers
in communities that are economically challenged as a
result of a business or government facility down sizing
or closing, which has resulted in the loss of jobs or
small business instability. A non-matching grant under
this clause shall not exceed $100,000, and shall be used
for small business development center personnel expenses
and related small business programs and services.''.
CHAPTER 2--PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS
AND SUNDRY AMENDMENTS
SEC. 123. PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATION
PROVISIONS.
(a) In General.--Section 27(g)(1) of the Small Business Act (15
U.S.C. 654(g)(1)) is amended by striking ``, $5,000,000'' in the first
sentence and all that follows through ``subsection'' in the second
sentence and inserting the following: ``(other than subsection (b)(2)),
$5,000,000 for each of fiscal years 2005 and 2006. Amounts made
available under this paragraph''.
[[Page 118 STAT. 3450]]
(b) Limitation on Authorization for Small Business Development
Centers.--Section 27(g)(2) of the Small Business Act (15 U.S.C. 654(g))
is amended by striking ``this subsection, not more than the greater of
10 percent or $1,000,000'' and inserting ``paragraph (1) for each of
fiscal years 2005 and 2006, not more than the greater of 10 percent or
$500,000''.
(c) Additional Authorization for Technical Assistance Grants.--
Section 27(g) of the Small Business Act (15 U.S.C. 654(g)) is amended by
adding at the end the following:
``(3) Additional authorization for technical assistance
grants.--There are authorized to be appropriated to carry out
subsection (b)(2), $1,500,000 for each of fiscal years 2005 and
2006. Amounts made available under this paragraph shall remain
available until expended.''.
(d) Limitation on Administrative Costs.--Section 27(g) of the Small
Business Act (15 U.S.C. 654(g)), as amended by subsection (c), is
further amended by adding at the end the following:
``(4) Limitation on administrative costs.--Not more than 5
percent of the total amount made available under this subsection
for any fiscal year shall be used for administrative costs
(determined without regard to the administrative costs of
eligible intermediaries).''.
SEC. 124. GRANT PROVISIONS.
(a) Additional Grants for Technical Assistance.--Section 27(b) of
the Small Business Act (15 U.S.C. 654) is amended--
(1) by striking ``There is established'' and inserting the
following:
``(1) In general.--There is established''; and
(2) by adding at the end the following new paragraph:
``(2) Additional grants for technical assistance.--In
addition to grants under paragraph (1), the Administrator may
make grants to, or enter into cooperative agreements or
contracts with, any grantee for the purpose of providing, in
cooperation with one or more small business development centers,
technical assistance to small business concerns seeking to
establish a drug-free workplace program.''.
(b) 2-Year Grants.--Section 27(b) of the Small Business Act (15
U.S.C. 654(b)), as amended by subsection (a), is further amended by
adding at the end the following:
``(3) 2-year grants.--Each grant made under this subsection
shall be for a period of 2 years, subject to an annual
performance review by the Administrator.''.
SEC. 125. DRUG-FREE COMMUNITIES COALITIONS AS ELIGIBLE INTERMEDIARIES.
Section 27(a)(2)(D) of the Small Business Act (15 U.S.C. 654(a)(2))
is amended to read as follows:
``(D)(i) the purpose of which is--
``(I) to develop comprehensive drug-
free workplace programs or to supply
drug-free workplace services; or
``(II) to provide other forms of
assistance and services to small
business concerns; or
``(ii) that is eligible to receive a grant
under chapter 2 of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1521 et
seq.).''.
[[Page 118 STAT. 3451]]
SEC. 126. PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTERMEDIARIES.
Section 27(c) of the Small Business Act (15 U.S.C. 654(c)) is
amended to read as follows:
``(c) Promotion of Effective Practices of Eligible Intermediaries.--
``(1) Technical assistance and information.--The
Administrator, after consultation with the Director of the
Center for Substance Abuse and Prevention, shall provide
technical assistance and information to each eligible
intermediary under subsection (b) regarding the most effective
practices in establishing and carrying out drug-free workplace
programs.
``(2) Evaluation of program.--
``(A) Data collection and analysis.--Each eligible
intermediary receiving a grant under this section shall
establish a system to collect and analyze information
regarding the effectiveness of drug-free workplace
programs established with assistance provided under this
section through the intermediary, including information
regarding any increase or decrease among employees in
drug use, awareness of the adverse consequences of drug
use, and absenteeism, injury, and disciplinary problems
related to drug use. Such system shall conform to such
requirements as the Administrator, after consultation
with the Director of the Center for Substance Abuse and
Prevention, may prescribe. Not more than 5 percent of
the amount of each grant made under subsection (b) shall
be used by the eligible intermediary to carry out this
paragraph.
``(B) Method of evaluation.--The Administrator,
after consultation with the Director of the Center for
Substance Abuse and Prevention, shall provide technical
assistance and guidance to each eligible intermediary
receiving a grant under subsection (b) regarding the
collection and analysis of information to evaluate the
effectiveness of drug-free workplace programs
established with assistance provided under this section,
including the information referred to in paragraph (1).
Such assistance shall include the identification of
additional information suitable for measuring the
benefits of drug-free workplace programs to the small
business concern and to the concern's employees and the
identification of methods suitable for analyzing such
information.''.
SEC. 127. REPORT TO CONGRESS.
Not later than March 31, 2006, the Administrator, in consultation
with the Secretary of Labor, the Secretary of Health and Human Services,
and the Director of National Drug Control Policy, shall submit to
Congress a report that--
(1) analyzes the information collected under section 27(c)
of the Small Business Act;
(2) identifies trends in such information; and
(3) evaluates the effectiveness of the drug-free workplace
programs established with assistance under section 27 of the
Small Business Act (15 U.S.C. 654).
[[Page 118 STAT. 3452]]
Subtitle C--Administration Management
SEC. 131. LENDER EXAMINATION AND REVIEW FEES.
Section 5(b) of the Small Business Act (15 U.S.C. 634(b)) is
amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) in paragraph (13), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(14) require any lender authorized to make loans under
section 7 of this Act to pay examination and review fees, which
shall be deposited in the account for salaries and expenses of
the Administration, and shall be available for the costs of
examinations, reviews, and other lender oversight activities.''.
SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS.
(a) In General.--Section 4 of the Small Business Act (15 U.S.C. 633)
is amended by adding at the end the following:
``(g) Gifts.--
``(1) In general.--The Administrator may, for purposes of
this Act, the Small Business Investment Act of 1954, and title
IV of the Women's Business Ownership Act of 1988, solicit,
accept, hold, administer, utilize, and dispose of gifts,
devises, and bequests of cash, property (including tangible,
intangible, real, and personal), subsistence, and services.
Notwithstanding any other provision of law, the Administrator
may utilize gifts, devises, or bequests for marketing and
outreach activities, including the cost of promotional materials
and wearing apparel.
``(2) Audits.--Any gift, devise, or bequest of cash accepted
by the Administrator shall be held in a separate account and
shall be subject to semi-annual audits by the Inspector General
of the Administration who shall report his findings to the
Congress.
``(3) Conflicts of interest.--No gift, devise, or bequest
shall be solicited or accepted under the authority of this
subsection if such solicitation or acceptance would, in the
determination of the General Counsel, create a conflict of
interest.
``(4) Acceptance of services and facilities for disaster
loan program.--The Administrator may accept the services and
facilities of Federal, State, and local agencies and groups,
both public and private, and utilize such gratuitous services
and facilities as may, from time to time, be necessary, to
further the objectives of section 7(b).
``(h) Co-Sponsorship of Events.--
``(1) Authorization.--The Administrator, after consultation
with the General Counsel, may provide assistance for the benefit
of small business through Administration-sponsored activities,
through cosponsored activities with any eligible entity, or
through such other activities that the Administrator determines
to be appropriate, including recognition events.
``(2) Eligible entity.--For purposes of this subsection, the
term `eligible entity' means any for-profit or not-for-profit
entity, any Federal, State, or local government official, or any
Federal, State, or local government entity.
[[Page 118 STAT. 3453]]
``(3) Prohibition on endorsements.--The Administrator shall
ensure that the Administration and any eligible entities that
cosponsor activities receive appropriate recognition for such
cosponsorship, and that such recognition does not constitute or
imply an endorsement by the Administration of any product or
service of such entity.
``(4) Authority to charge fees.--Notwithstanding any other
provision of law, the Administrator may charge a participant in
any activity sponsored or cosponsored by the Administration a
minimal fee, and retain and use such fee to cover the costs of
such activity.
``(5) Limited delegation.--The Administrator may not
delegate the authority described in this subsection except to
the Deputy Administrator, an Associate Administrator, or an
Assistant Administrator.
``(6) Report to congress.--The Inspector General of the
Administration shall report semi-annually to Congress on the
Administrator's use of authority under this subsection.
``(7) Rulemaking.--Not later <<NOTE: Deadline.>> than 180
days after the date of enactment of this subsection, the
Administrator shall promulgate regulations to carry out the
provisions of this subsection.''.
(b) Conforming Amendments.--Section 8(b)(1)(A) of the Small Business
Act (15 U.S.C. 637(b)(1)(A)) is amended--
(1) by striking clause (ii);
(2) by striking ``(1)(A) to provide--'' and all that follows
through ``business concerns--'' and inserting the following:
``(1)(A) to provide technical, managerial, and informational
aids to small business concerns--'';
(3) by redesignating subclauses (I) through (IV) as clauses
(i) through (iv), respectively;
(4) by redesignating items (aa) and (bb) of clause (ii), as
so redesignated by paragraph (3), as subclauses (I) and (II),
respectively; and
(5) by striking ``; and'' at the end of clause (iv), as so
redesignated by paragraph (3), and inserting a period.
(c) Sunset Provision.--The <<NOTE: 15 USC 633 and note,
637.>> amendments made by this section are repealed on October 1, 2006.
Subtitle D--Entrepreneurial Development Programs
CHAPTER 1--OFFICE OF ENTREPRENEURIAL DEVELOPMENT
SEC. 141. SERVICE CORPS OF RETIRED EXECUTIVES.
(a) In General.--Section 8(b)(1)(B) of the Small Business Act (15
U.S.C. 637(b)(1)(B)) is amended--
(1) by striking ``this Act; and to'', and inserting ``this
Act. To'';
(2) by striking ``may maintain at its headquarters'' and all
that follows through ``That any'' and inserting ``shall maintain
at its headquarters and pay the salaries, benefits, and expenses
of a volunteer and professional staff to manage and oversee the
program. Any''; and
(3) by striking the period at the end and inserting ``and
the management of the contributions received.''.
[[Page 118 STAT. 3454]]
(b) Regulations.--The <<NOTE: Deadline. 15 USC 637
note.>> Administration shall, not later than 180 days after the date of
enactment of this Act, promulgate regulations to carry out the
amendments made by subsection (a).
SEC. 142. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.
(a) Privacy Requirements.--Section 21(a) of the Small Business Act
(15 U.S.C. 648(a)) is amended by adding at the end the following:
``(7) Privacy requirements.--
``(A) In general.--A small business development
center, consortium of small business development
centers, or contractor or agent of a small business
development center may not disclose the name, address,
or telephone number of any individual or small business
concern receiving assistance under this section without
the consent of such individual or small business
concern, unless--
``(i) the Administrator is ordered to make
such a disclosure by a court in any civil or
criminal enforcement action initiated by a Federal
or State agency; or
``(ii) the Administrator considers such a
disclosure to be necessary for the purpose of
conducting a financial audit of a small business
development center, but a disclosure under this
clause shall be limited to the information
necessary for such audit.
``(B) Administrator use of information.--This
section shall not--
``(i) restrict Administrator access to program
activity data; or
``(ii) prevent the Administrator from using
client information to conduct client surveys.
``(C) Regulations.--
``(i) In general.--The Administrator shall
issue regulations to establish standards--
``(I) for disclosures with respect
to financial audits under subparagraph
(A)(ii); and
``(II) for client surveys under
subparagraph (B)(ii), including
standards for oversight of such surveys
and for dissemination and use of client
information.
``(ii) Maximum privacy protection.--
Regulations under this subparagraph, shall, to the
extent practicable, provide for the maximum amount
of privacy protection.
``(iii) Inspector general.--Until the
effective date of regulations under this
subparagraph, any client survey and the use of
such information shall be approved by the
Inspector General who shall include such approval
in his semi-annual report.''.
(b) Term Change.--Section 21(k) of the Small Business Act (15 U.S.C.
648(k)) is amended--
(1) by striking ``Certification'' each place it appears and
inserting ``Accreditation''; and
(2) by striking ``certification'' each place it appears and
inserting ``accreditation''.
[[Page 118 STAT. 3455]]
CHAPTER 2--OFFICE OF VETERANS BUSINESS DEVELOPMENT
SEC. 143. ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS.
(a) Retention of Duties.--Section 33(h) of the Small Business Act
(15 U.S.C. 657c(h)) is amended by striking ``October 1, 2004'' and
inserting ``October 1, 2006''.
(b) Extension of Authority.--Section 203(h) of the Veterans
Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C.
657b note) is amended by striking ``September 30, 2004'' and inserting
``September 30, 2006''.
SEC. 144. OUTREACH GRANTS FOR VETERANS.
Section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17)) is
amended by inserting before the period at the end the following: ``,
veterans, and members of a reserve component of the Armed Forces''.
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by
adding at the end the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $1,500,000 for fiscal year 2005; and
``(2) $2,000,000 for fiscal year 2006.''.
SEC. 146. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.
Section 33(a) of the Small Business Act (15 U.S.C. 657c(a)) is
amended by adding at the end the following: ``Notwithstanding any other
provision of law, the Corporation is a private entity and is not an
agency, instrumentality, authority, entity, or establishment of the
United States Government.''.
CHAPTER 3--MANUFACTURING AND ENTREPRENEURIAL DEVELOPMENT
SEC. 147. <<NOTE: 15 USC 631c.>> SMALL BUSINESS MANUFACTURING TASK
FORCE.
(a) Establishment.--The Administrator of the Small Business
Administration (referred to in this subtitle as the ``Administrator'')
shall establish a Small Business Manufacturing Task Force (referred to
in this section as the ``Task Force'') to address the concerns of small
manufacturers.
(b) Chair.--The Administrator shall assign a member of the Task
Force to serve as chair of the Task Force.
(c) Duties.--The Task Force shall--
(1) evaluate and identify whether programs and services are
sufficient to serve the needs of small manufacturers;
(2) actively promote the programs and services of the Small
Business Administration that serve small manufacturers; and
(3) identify and study the unique conditions facing small
manufacturers and develop and propose policy initiatives to
support and assist small manufacturers.
(d) Meetings.--
(1) Frequency.--The Task Force shall meet not less than 4
times per year, and more frequently if necessary to perform its
duties.
[[Page 118 STAT. 3456]]
(2) Quorum.--A majority of the members of the Task Force
shall constitute a quorum to approve recommendations or reports.
(e) Personnel Matters.--
(1) Compensation of members.--Each member of the Task Force
shall serve without compensation in addition to that received
for services rendered as an officer or employee of the United
States.
(2) Detail of sba employees.--Any employee of the Small
Business Administration may be detailed to the Task Force
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Task Force shall submit a report
containing the findings and recommendations of the task force to--
(1) the President;
(2) the Committee on Small Business and Entrepreneurship of
the Senate; and
(3) the Committee on Small Business of the House of
Representatives.
Subtitle E--HUBZone Program
SEC. 151. STREAMLINING AND REVISION OF HUBZONE ELIGIBILITY REQUIREMENTS.
(a) In General.--Section 3(p) of the Small Business Act (15 U.S.C.
632(p)) is amended--
(1) in paragraph (3)--
(A) by amending subparagraph (A) to read as follows:
``(A) a small business concern that is at least 51
percent owned and controlled by United States
citizens;''
(B) in subparagraph (C), by striking ``or'' at the
end;
(C) in subparagraph (D)(ii), by striking the period
at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(E) a small business concern that is--
``(i) a small agricultural cooperative
organized or incorporated in the United States;
``(ii) wholly owned by 1 or more small
agricultural cooperatives organized or
incorporated in the United States; or
``(iii) owned in part by 1 or more small
agricultural cooperatives organized or
incorporated in the United States, if all owners
are small business concerns or United States
citizens.''; and
(2) in paragraph (5)(A)(i)(I)(aa), by striking ``or (D)''
and inserting ``(C), (D), or (E)''.
(b) Conforming Amendment.--Section 3(j) of the Small Business Act
(15 U.S.C. 632(j)) is amended by striking ``of section 7(b)(2)''.
SEC. 152. EXPANSION OF QUALIFIED AREAS.
(a) Treatment of Certain Areas as HUBZones.--
(1) Base closure areas.--Section 3(p)(1) of the Small
Business Act (15 U.S.C. 632(p)(1)) is amended--
[[Page 118 STAT. 3457]]
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(E) base closure areas.''.
(2) HUBZone <<NOTE: 15 USC 632 note.>> status time line and
commencement.--A base closure area that has undergone final
closure shall be treated as a HUBZone for purposes of the Small
Business Act for a period of 5 years.
(3) Definition.--Section 3(p)(4) of the Small Business Act
(15 U.S.C. 632(p)(4)) is amended by adding at the end the
following:
``(D) Base closure area.--The term `base closure
area' means lands within the external boundaries of a
military installation that were closed through a
privatization process under the authority of--
``(i) the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of division B of
Public Law 101-510; 10 U.S.C. 2687 note);
``(ii) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note);
``(iii) section 2687 of title 10, United
States Code; or
``(iv) any other provision of law authorizing
or directing the Secretary of Defense or the
Secretary of a military department to dispose of
real property at the military installation for
purposes relating to base closures of
redevelopment, while retaining the authority to
enter into a leaseback of all or a portion of the
property for military use.''.
(b) Qualified Nonmetropolitan County.--Section 3(p)(4)(B)(ii)(II) of
the Small Business Act (15 U.S.C. 632(p)(4)(B)(ii)(II)) is amended to
read as follows:
``(II) the unemployment rate is not
less than 140 percent of the average
unemployment rate for the United States
or for the State in which such county is
located, whichever is less, based on the
most recent data available from the
Secretary of Labor.''.
(c) Temporary Qualified Areas Extension and Qualified Areas Study.--
(1) Redesignated area.--Section 3(p)(4)(C) of the Small
Business Act (15 U.S.C. 632(p)(4)(C)) is amended by striking
``only for the 3-year period following'' and inserting the
following: ``only until the later of--
``(i) the date on which the Census Bureau
publicly releases the first results from the 2010
decennial census; or
``(ii) 3 years after''.
(2) Study and report.--
(A) Study.--The Independent Office of Advocacy of
the Small Business Administration shall conduct a study
of the HUBZone program to measure the effectiveness of
the definitions under section 3(p)(4) of the Small
Business Act (15 U.S.C. 632(p)(4)) relating to HUBZone
qualified
[[Page 118 STAT. 3458]]
areas for the purposes of economic impact on small
business development and jobs creation.
(B) Report.--Not later than May 1, 2008, the
Independent Office of Advocacy shall submit a report to
the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the
House of Representatives that contains--
(i) the results of the study conducted under
paragraph (1); and
(ii) any proposed changes to the existing
definitions under section 3(p)(4) of the Small
Business Act (15 U.S.C. 632(p)(4)) relating to
HUBZone qualified areas.
SEC. 153. PRICE EVALUATION PREFERENCE.
Section 31(b)(3) of the Small Business Act (15 U.S.C. 657a(b)(3)) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by adding at the end the following:
``(C) Procurement of commodities for international
food aid export operations.--The price evaluation
preference for purchases of agricultural commodities by
the Secretary of Agriculture for export operations
through international food aid programs administered by
the Farm Service Agency shall be 5 percent on the first
portion of a contract to be awarded that is not greater
than 20 percent of the total volume of each commodity
being procured in a single invitation.''.
SEC. 154. HUBZONE AUTHORIZATIONS.
Section 31(d) of the Small Business Act (15 U.S.C. 657a(d)) is
amended by striking ``2001 through 2003'' and inserting ``2004 through
2006''.
SEC. 155. <<NOTE: 15 USC 657g.>> PARTICIPATION IN FEDERALLY FUNDED
PROJECTS.
Any small business concern that is certified, or otherwise meets the
criteria for participation in any program under section 8(a) of the
Small Business Act (15 U.S.C. 637(a)), shall not be required by any
State, or political subdivision thereof, to meet additional criteria or
certification, unrelated to the capability to provide the requested
products or services, in order to participate as a small disadvantaged
business in any program or project that is funded, in whole or in part,
by the Federal Government.
Subtitle F--Small Business Lending Companies
SEC. 161. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL BUSINESS
LENDING COMPANIES.
Section 23 of the Small Business Act (15 U.S.C. 650) is amended to
read as follows:
``SEC. 23. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL BUSINESS
LENDING COMPANIES.
``(a) In General.--The Administrator is authorized--
``(1) to supervise the safety and soundness of small
business lending companies and non-Federally regulated lenders;
[[Page 118 STAT. 3459]]
``(2) with respect to small business lending companies to
set capital standards to regulate, to examine, and to enforce
laws governing such companies, in accordance with the purposes
of this Act; and
``(3) with respect to non-Federally regulated lenders to
regulate, to examine, and to enforce laws governing the lending
activities of such lenders under section 7(a) in accordance with
the purposes of this Act.
``(b) Capital Directive.--
``(1) In general.--If the Administrator determines that a
small business lending company is being operated in an imprudent
manner, the Administrator may, in addition to any other action
authorized by law, issue a directive to such company to increase
capital to such level as the Administrator determines will
result in the safe and sound operation of such company.
``(2) Delegation.--The Administrator may not delegate the
authority granted under paragraph (1) except to an Associate
Deputy Administrator.
``(3) Regulations.--The Administrator shall issue
regulations outlining the conditions under which the
Administrator may determine the level of capital pursuant to
paragraph (1).
``(c) Civil Action.--If a small business lending company violates
this Act, the Administrator may institute a civil action in an
appropriate district court to terminate the rights, privileges, and
franchises of the company under this Act.
``(d) Revocation or Suspension of Loan Authority.--
``(1) The Administrator may revoke or suspend the authority
of a small business lending company or a non-Federally regulated
lender to make, service or liquidate business loans authorized
by section 7(a) of this Act--
``(A) for false statements knowingly made in any
written submission required under this Act;
``(B) for omission of a material fact from any
written submission required under this Act;
``(C) for willful or repeated violation of this Act;
``(D) for willful or repeated violation of any
condition imposed by the Administrator with respect to
any application, request, or agreement under this Act;
or
``(E) for violation of any cease and desist order of
the Administrator under this section.
``(2) The Administrator may revoke or suspend authority
under paragraph (1) only after a hearing under subsection (f).
The Administrator may delegate power to revoke or suspend
authority under paragraph (1) only to the Deputy Administrator
and only if the Administrator is unavailable to take such
action.
``(A) The Administrator, after finding extraordinary
circumstances and in order to protect the financial or
legal position of the United States, may issue a
suspension order without conducting a hearing pursuant
to subsection (f). If the Administrator issues a
suspension under the preceding sentence, the
Administrator shall within two business days follow the
procedures set forth in subsection (f).
``(B) Any suspension under paragraph (1) shall
remain in effect until the Administrator makes a
decision pursuant to subparagraph (4) to permanently
revoke the authority
[[Page 118 STAT. 3460]]
of the small business lending company or non-Federally
regulated lender, suspend the authority for a time
certain, or terminate the suspension.
``(3) The small business lending company or non-Federally
regulated lender must notify borrowers of a revocation and that
a new entity has been appointed to service their loans. The
Administrator or an employee of the Administration designated by
the Administrator may provide such notice to the borrower.
``(4) Any revocation or suspension under paragraph (1) shall
be made by the Administrator except that the Administrator shall
delegate to an administrative law judge as that term is used in
section 3105 of title 5, United States Code, the authority to
conduct any hearing required under subsection (f). The
Administrator shall base the decision to revoke on the record of
the hearing.
``(e) Cease and Desist Order.--
``(1) Where a small business lending company, a non-
Federally regulated lender, or other person violates this Act or
is engaging or is about to engage in any acts or practices which
constitute or will constitute a violation of this Act, the
Administrator may order, after the opportunity for hearing
pursuant to subsection (f), the company, lender, or other person
to cease and desist from such action or failure to act. The
Administrator may delegate the authority under the preceding
sentence only to the Deputy Administrator and only if the
Administrator is unavailable to take such action.
``(2) The Administrator, after finding extraordinary
circumstances and in order to protect the financial or legal
position of the United States, may issue a cease and desist
order without conducting a hearing pursuant to subsection (f).
If the Administrator issues a cease and desist order under the
preceding sentence, the Administrator shall within two business
days follow the procedures set forth in subsection (f).
``(3) The Administrator may further order such small
business lending company or non-Federally regulated lender or
other person to take such action or to refrain from such action
as the Administrator deems necessary to insure compliance with
this Act.
``(4) A cease and desist order under this subsection may
also provide for the suspension of authority to lend in
subsection (d).
``(f) Procedure for Revocation or Suspension of Loan Authority and
for Cease and Desist Order.--
``(1) Before revoking or suspending authority under
subsection (d) or issuing a cease and desist order under
subsection (e), the Administrator shall serve an order to show
cause upon the small business lending company, non-Federally
regulated lender, or other person why an order revoking or
suspending the authority or a cease and desist order should not
be issued. The order to show cause shall contain a statement of
the matters of fact and law asserted by the Administrator and
the legal authority and jurisdiction under which a hearing is to
be held, and shall set forth that a hearing will be held before
an administrative law judge at a time and place stated in the
order. Such hearing shall be conducted pursuant to the
provisions of sections 554, 556, and 557 of title 5, United
[[Page 118 STAT. 3461]]
States Code. If after hearing, or a waiver thereof, the
Administrator determines that an order revoking or suspending
the authority or a cease and desist order should be issued, the
Administrator shall promptly issue such order, which shall
include a statement of the findings of the Administrator and the
grounds and reasons therefor and specify the effective date of
the order, and shall cause the order to be served on the small
business lending company, non-Federally regulated lender, or
other person involved.
``(2) Witnesses summoned before the Administrator shall be
paid by the party at whose instance they were called the same
fees and mileage that are paid witnesses in the courts of the
United States.
``(3) A cease and desist order, suspension or revocation
issued by the Administrator, after the hearing under this
subsection is final agency action for purposes of chapter 7 of
title 5, United States Code. An adversely aggrieved party shall
have 20 days from the date of issuance of the cease and desist
order, suspension or revocation, to seek judicial review in an
appropriate district court.
``(g) Removal or Suspension of Management Official.--
``(1) Definition.--In this section, the term `management
official' means, with respect to a small business lending
company or a non-Federally regulated lender, an officer,
director, general partner, manager, employee, agent, or other
participant in the management of the affairs of the company's or
lender's activities under section 7(a) of this Act.
``(2) Removal of management official.--
``(A) Notice.--The Administrator may serve upon any
management official a written notice of its intention to
remove that management official if, in the opinion of
the Administrator, the management official--
``(i) willfully and knowingly commits a
substantial violation of--
``(I) this Act;
``(II) any regulation issued under
this Act;
``(III) a final cease-and-desist
order under this Act; or
``(IV) any agreement by the
management official, the small business
lending company or non-Federally
regulated lender under this Act; or
``(ii) willfully and knowingly commits a
substantial breach of a fiduciary duty of that
person as a management official and the violation
or breach of fiduciary duty is one involving
personal dishonesty on the part of such management
official.
``(B) Contents of notice.--A notice under
subparagraph (A) shall contain a statement of the facts
constituting grounds therefor and shall fix a time and
place at which a hearing, conducted pursuant to sections
554, 556, and 557 of title 5, United States Code, will
be held thereon.
``(C) Hearing.--
``(i) Timing.--A <<NOTE: Deadline.>> hearing
under subparagraph (B) shall be held not earlier
than 30 days and later than 60 days after the date
of service of notice of the hearing, unless an
earlier or a later date is set by the
Administrator at the request of--
[[Page 118 STAT. 3462]]
``(I) the management official, and
for good cause shown; or
``(II) the Attorney General.
``(ii) Consent.--Unless the management
official appears at a hearing under this paragraph
in person or by a duly authorized representative,
the management official shall be deemed to have
consented to the issuance of an order of removal
under subparagraph (A).
``(D) Order of removal.--
``(i) In general.--In the event of consent
under subparagraph (C)(ii), or if upon the record
made at a hearing under this subsection, the
Administrator finds that any of the grounds
specified in the notice of removal has been
established, the Administrator may issue such
orders of removal from office as the Administrator
deems appropriate.
``(ii) Effectiveness.--An order under clause
(i) shall--
``(I) <<NOTE: Effective date.>> take
effect 30 days after the date of service
upon the subject small business lending
company or non-Federally regulated
lender and the management official
concerned (except in the case of an
order issued upon consent as described
in subparagraph (C)(ii), which shall
become effective at the time specified
in such order); and
``(II) remain effective and
enforceable, except to such extent as it
is stayed, modified, terminated, or set
aside by action of the Administrator or
a reviewing court in accordance with
this section.
``(3) Authority to <<NOTE: Notice.>> suspend or prohibit
participation.--
``(A) In general.--In order to protect a small
business lending company, a non-Federally regulated
lender or the interests of the Administration or the
United States, the Administrator may suspend from office
or prohibit from further participation in any manner in
the management or conduct of the affairs of a small
business lending company or a non-Federally regulated
lender a management official by written notice to such
effect served upon the management official. Such
suspension or prohibition may prohibit the management
official from making, servicing, reviewing, approving,
or liquidating any loan under section 7(a) of this Act.
``(B) Effectiveness.--A suspension or prohibition
under subparagraph (A)--
``(i) shall take effect upon service of notice
under paragraph (2); and
``(ii) unless stayed by a court in proceedings
authorized by subparagraph (C), shall remain in
effect--
``(I) pending the completion of the
administrative proceedings pursuant to a
notice of intention to remove served
under paragraph (2); and
``(II) until such time as the
Administrator dismisses the charges
specified in the notice, or, if an order
of removal or prohibition is issued
against the management official, until
the effective date of any such order.
[[Page 118 STAT. 3463]]
``(C) Judicial <<NOTE: Deadline.>> review of
suspension prior to hearing.--Not later than 10 days
after a management official is suspended or prohibited
from participation under subparagraph (A), the
management official may apply to an appropriate district
court for a stay of the suspension or prohibition
pending the completion of the administrative proceedings
pursuant to a notice of intent to remove served upon the
management official under paragraph (2).
``(4) Authority to suspend on criminal charges.--
``(A) In general.--If a management official is
charged in any information, indictment, or complaint
authorized by a United States attorney, with a felony
involving dishonesty or breach of trust, the
Administrator may, by written notice served upon the
management official, suspend the management official
from office or prohibit the management official from
further participation in any manner in the management or
conduct of the affairs of the small business lending
company or non-Federally regulated lender.
``(B) Effectiveness.--A suspension or prohibition
under subparagraph (A) shall remain in effect until the
information, indictment, or complaint is finally
disposed of, or until terminated by the Administrator or
upon an order of a district court.
``(C) Authority upon conviction.--If a judgment of
conviction with respect to an offense described in
subparagraph (A) is entered against a management
official, then at such time as the judgment is not
subject to further judicial review (and for purposes of
this subparagraph shall not include any petition for a
writ of habeas corpus), the Administrator may issue and
serve upon the management official an order removing the
management official, effective upon service of a copy of
the order upon the small business lending company or
non-Federally regulated lender.
``(D) Authority upon dismissal or other
disposition.--A finding of not guilty or other
disposition of charges described in subparagraph (A)
shall not preclude the Administrator from instituting
proceedings under subsection (e) or (f).
``(5) Notification to small business lending company or a
non-federally regulated lender.--Copies of each notice required
to be served on a management official under this section shall
also be served upon the small business lending company or non-
Federally regulated lender involved.
``(6) Final agency action and judicial review.--
``(A) Issuance of orders.--After
a <<NOTE: Deadline.>> hearing under this subsection, and
not later than 30 days after the Administrator notifies
the parties that the case has been submitted for final
decision, the Administrator shall render a decision in
the matter (which shall include findings of fact upon
which its decision is predicated), and shall issue and
cause to be served upon each party to the proceeding an
order or orders consistent with this section. The
decision of the Administrator shall constitute final
agency action for purposes of chapter 7 of title 5,
United States Code.
[[Page 118 STAT. 3464]]
``(B) Judicial review.--
An <<NOTE: Deadline.>> adversely aggrieved party shall
have 20 days from the date of issuance of the order to
seek judicial review in an appropriate district court.
``(h) Appointment of Receiver.--
``(1) In any proceeding under subsection (f)(4) or
subsection (g)(6)(C), the court may take exclusive jurisdiction
of a small business lending company or a non-Federally regulated
lender and appoint a receiver to hold and administer the assets
of the company or lender.
``(2) Upon request of the Administrator, the court may
appoint the Administrator as a receiver under paragraph (1).
``(i) Possession of Assets.--
``(1) If a small business lending company or a non-Federally
regulated lender is not in compliance with capital requirements
or is insolvent, the Administrator may take possession of the
portfolio of loans guaranteed by the Administrator and sell such
loans to a third party by means of a receiver appointed under
subsection (h).
``(2) If a small business lending company or a non-Federally
regulated lender is not in compliance with capital requirements
or is insolvent or otherwise operating in an unsafe and unsound
condition, the Administrator may take possession of servicing
activities of loans that are guaranteed by the Administrator and
sell such servicing rights to a third party by means of a
receiver appointed under subsection (h).
``(j) Penalties and Forfeitures.--
``(1) Except as provided in paragraph (2), a small business
lending company or a non-Federally regulated lender which
violates any regulation or written directive issued by the
Administrator regarding the filing of any regular or special
report shall pay to the United States a civil penalty of not
more than $5,000 for each day of the continuance of the failure
to file such report, unless it is shown that such failure is due
to reasonable cause and not due to willful neglect. The civil
penalties under this subsection may be enforced in a civil
action brought by the Administrator. The penalties under this
subsection shall not apply to any affiliate of a small business
lending company that procures at least 10 percent of its annual
purchasing requirements from small manufacturers.
``(2) The Administrator may by rules and regulations that
shall be codified in the Code of Federal Regulations, after an
opportunity for notice and comment, or upon application of an
interested party, at any time previous to such failure, by
order, after notice and opportunity for hearing which shall be
conducted pursuant to sections 554, 556, and 557 of title 5,
United States Code, exempt in whole or in part, any small
business lending company or non-Federally regulated lender from
paragraph (1), upon such terms and conditions and for such
period of time as it deems necessary and appropriate, if the
Administrator finds that such action is not inconsistent with
the public interest or the protection of the Administration. The
Administrator may for the purposes of this section make any
alternative requirements appropriate to the situation.''.
[[Page 118 STAT. 3465]]
SEC. 162. DEFINITIONS RELATING TO SMALL BUSINESS LENDING COMPANIES.
Section 3 of the Small Business Act (15 U.S.C. 632) is amended by
adding at the end the following new subsection:
``(r) Definitions Relating to Small Business Lending Companies.--As
used in section 23 of this Act:
``(1) Small business lending company.--The term `small
business lending company' means a business concern that is
authorized by the Administrator to make loans pursuant to
section 7(a) and whose lending activities are not subject to
regulation by any Federal or State regulatory agency.
``(2) Non-federally regulated sba lender.--The term `non-
Federally regulated SBA lender' means a business concern if--
``(A) such concern is authorized by the
Administrator to make loans under section 7;
``(B) such concern is subject to regulation by a
State; and
``(C) the lending activities of such concern are not
regulated by any Federal banking authority.''.
TITLE II--MISCELLANEOUS AMENDMENTS
SEC. 201. AMENDMENT TO DEFINITION OF EQUITY CAPITAL WITH RESPECT TO
ISSUERS OF PARTICIPATING SECURITIES.
Section 303(g)(4) of the Small Business Investment Act of 1958 (15
U.S.C. 683 (g)(4)) is amended--
(1) in the first sentence, by striking ``subsection'' and
inserting ``Act''; and
(2) in the second sentence, by striking ``contingent upon
and limited to the extent of earnings'' and inserting ``from
appropriate sources, as determined by the Administration''.
SEC. 202. INVESTMENT OF EXCESS FUNDS.
Section 308(b) of the Small Business Investment Act (15 U.S.C.
687(b)) is amended by striking the last sentence and inserting the
following: ``Any such company that is licensed before October 1, 2004
and has outstanding financings is authorized to invest funds not needed
for its operations--
``(1) in direct obligations of, or obligations guaranteed as
to principal and interest by, the United States;
``(2) in certificates of deposit or other accounts of
federally insured banks or other federally insured depository
institutions, if the certificates or other accounts mature or
are otherwise fully available not more than 1 year after the
date of the investment; or
``(3) in mutual funds, securities, or other instruments that
consist of, or represent pooled assets of, investments described
in paragraphs (1) or (2).''.
SEC. 203. SURETY BOND AMENDMENTS.
(a) Clarification of Maximum Surety Bond Guarantee.--Section
411(a)(1) of the Small Business Investment Act of 1958 (15 U.S.C.
694b(a)(1)) is amended by striking ``contract up to'' and
[[Page 118 STAT. 3466]]
inserting ``total work order or contract amount at the time of bond
execution that does not exceed''.
(b) Audit Frequency.--Section 411(g)(3) of the Small Business
Investment Act of 1958 (15 U.S.C. 694b(g)(3)) is amended by striking
``each year'' and inserting ``every three years''.
(c) Repeal.--Section 207 of the Small Business Reauthorization and
Amendment Act of 1988 (15 U.S.C. 694b note) is repealed.
SEC. 204. EFFECTIVE DATE FOR CERTAIN FEES.
Section 503(f) of the Small Business Investment Act of 1958 (15
U.S.C. 697(f)) is amended by striking ``, but'' and all that follows
through the end and inserting a period.
Approved December 8, 2004.
LEGISLATIVE HISTORY--H.R. 4818 (S. 2812):
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HOUSE REPORTS: Nos. 108-599 (Comm. on Appropriations) and 108-792
(Comm. of Conference).
SENATE REPORTS: No. 108-346 accompanying S. 2812 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 13, 15, considered and passed House.
Sept. 23, considered and passed Senate, amended, in lieu of
S. 2812.
Nov. 20, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 8, Presidential statement.
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