<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

    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.

    For necessary expenses of the National Appeals Division, 
                              $14,331,000.

    For necessary expenses of the Office of Budget and Program Analysis, 
                               $8,228,000.

    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

    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

    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

    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

    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

    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.

    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

    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.

    For the Native American Institutions Endowment Fund authorized by 
          Public Law 103-382 (7 U.S.C. 301 note), $12,000,000.

    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.

    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]]

    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

    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.

    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

    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).

    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 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.

    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

    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.

    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

    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.

    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.

    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]]

    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

    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.

    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

    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)).

    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)).

    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)).

    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)).

    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]]

    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

    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

    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''.

    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.

    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.

    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.

    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

    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''.

    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.

    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]]

    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).

    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

    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]]

    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''.

    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

    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.

    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]]

    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.

    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.

    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

    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.

    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''.

    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. Public Law 480 Title II Grants>> 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.

    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.

    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''.

    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

    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

    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.

    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.

    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.

    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.

    For expenses necessary for the administration of pardon and clemency 
       petitions and immigration-related activities, $203,965,000.

    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. office of inspector 
general>> 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.

    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

    For necessary expenses of the United States Parole Commission as 
authorized, $10,638,000.

                            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.

    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.

    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]]

    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.

    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

    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.

    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.

    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.

    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.

    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.

    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

    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

    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.

    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

    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

    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

    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. Buildings and 
Facilities>> 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.

    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.

    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.

    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.

    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

    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.

    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.

    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.

    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.

    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]]

    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

    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

    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

    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

    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

    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.

    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

    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

    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

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, $198,765,000.

    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

    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.

    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.

    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

    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

    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

    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]]

    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.

    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

    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.

    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. Pacific coastal salmon recovery>> 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.

    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,''.

    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.

    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.

    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

    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.

    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.

    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

    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.

    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

    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

    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

    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.

    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.

    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.

    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

    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

    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

    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

    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

    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. Capital Investment Fund>> 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.

    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.

    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.

    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.

    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.

          For representation allowances as authorized, $8,640,000.

    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.

    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]]

    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. Repatriation Loans 
Program Account>> 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.

    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.

    For necessary expenses to carry out the Taiwan Relations Act (Public 
                         Law 96-8), $19,482,000.

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $132,600,000.

                       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. Contributions for 
International Peacekeeping Activities>> 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.

    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]]

     For salaries and expenses, not otherwise provided for, $27,244,000.

    For detailed plan preparation and construction of authorized 
projects, $5,310,000, to remain available until expended, as authorized.

    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.

    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

    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.

    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.

    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.

    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.

    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

    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.

    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

    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

    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

    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

    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

    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

    For necessary expenses of the HELP Commission, $1,000,000, to remain 
available until expended.

                       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.

    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

    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

    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

    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.

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
                              $13,014,000.

    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.

    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]]

    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.

    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

    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

    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

    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

    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

    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

    Of the unobligated balances available under this heading, 
$60,000,000 are rescinded.

                            Legal Activities

    Of the unobligated balances available under this heading, 
$61,800,000 are rescinded.

                       Office of Justice Programs

    Of the unobligated balances available under this heading, $1,619,000 
                             are rescinded.

    Of the unobligated balances available under this heading, 
                       $29,380,000 are rescinded.

    Of the unobligated balances available under this heading, 
                       $99,000,000 are rescinded.

    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

    Of the unobligated balances available under this heading for the 
Advanced Technology Program, $3,900,000 are rescinded.

                            RELATED AGENCIES

                    Federal Communications Commission

    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.

    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.

    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. Flood Control, 
Mississippi River and Tributaries, Arkansas, Illinois, Kentucky, 
Louisiana, Mississippi, Missouri, and Tennessee>> That a report on the 
results of the demonstration project shall be provided within 1 year of 
                   the date of enactment of this Act.

    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.

    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.

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $145,000,000, to remain 
                        available until expended.

    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.

    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.

    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.

    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.

    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

    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:

    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.

    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.

    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.

    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

    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

    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

    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.

    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

    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

    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

    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

    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

    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. SUBSIDY 
APPROPRIATION>> 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.

    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. administrative 
expenses>> 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]]

    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

    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.

    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

    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:

    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. development 
assistance>> 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.

    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.

    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.

    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. development credit 
authority (including transfer of funds)>> 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.

    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.

    For payment to the ``Foreign Service Retirement and Disability 
 Fund'', as authorized by the Foreign Service Act of 1980, $42,500,000.

    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. Capital investment fund>> 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.

    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.

    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

    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. international 
fund for ireland>> 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.

    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.

    (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.

    (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

    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.

    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. peace corps>> That the Foundation shall 
provide a report to the Committees on Appropriations after each time 
                   such waiver authority is exercised.

    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.

    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

    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]]

    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. andean counterdrug initiative>> 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.

    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. migration and refugee assistance>> 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.

    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. united states emergency refugee and 
migration assistance fund>> 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.

    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.

    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

    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.

    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

    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.

    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.

    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

    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]]

    For payment to the International Development Association by the 
Secretary of the Treasury, $850,000,000, to remain available until 
                                expended.

    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.

    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.

    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.

    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.

    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.

    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.

    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

    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.

    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.

    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]]

    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.

    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.

    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.

    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.

    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. transfers>> 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.

    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.

    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.

    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.

    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.

    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.

    Sec. 514. <<NOTE: 22 USC 262h note. notification requirements>> 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.

    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. limitation on availability of funds 
for international organizations and programs>> 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.

    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.

    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.

    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.

    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]]

    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.

    Sec. 521. <<NOTE: Reports. Deadline. child survival and health 
activities>> 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.

    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. afghanistan>> 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.

    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. NOTIFICATION ON EXCESS 
DEFENSE EQUIPMENT>> 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.

    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.

    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. democracy programs>> 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.

    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. PROHIBITION ON BILATERAL ASSISTANCE 
TO TERRORIST COUNTRIES>> 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.

    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. DEBT-FOR-DEVELOPMENT>> 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.

    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.

    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.

    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.

    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. authorities for the peace corps, inter-
american foundation and african development foundation>> 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.

    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. impact on jobs in the united states>> 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.

    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.

    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.''.

    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. eligibility for 
        assistance>> 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.

    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.

    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.

    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.

    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.

    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]]

    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.

    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. withholding of assistance for 
parking fines and real property taxes owed by foreign 
countries>> 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.

    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.

    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.

    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.

    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.

    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]]

    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.

    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.

    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. limitation on assistance to security 
forces>> 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]]

    Sec. 551. None of the <<NOTE: Human rights. FOREIGN MILITARY 
TRAINING REPORT>> 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.

    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.

    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.

    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.

    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'').

    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.

    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. PROHIBITION ON ASSISTANCE TO THE 
PALESTINIAN BROADCASTING CORPORATION>> 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.

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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''.

    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]]

    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.

    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''.

    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.

    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.

    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.

    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)).

    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.

    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. ENVIRONMENT 
PROGRAMS>> 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.

    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. uzbekistan>> 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.

    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.

    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.

    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. ZIMBABWE>> 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.

    Sec. 580. <<NOTE: 22 USC 2151 note. TIBET>> 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.

    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.

    Sec. 582. <<NOTE: President. Reports. DISCRIMINATION AGAINST 
MINORITY RELIGIOUS FAITHS IN THE RUSSIAN FEDERATION>> 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.

    Sec. 583. <<NOTE: Deadline. President. Certification. CENTRAL 
AMERICA>> 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.

    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. war 
        crimes in africa>> 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.''.

    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.

    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.

    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.

    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]]

    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.

    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. COMPLIANCE WITH THE ALGIERS AGREEMENTS>> is amended by striking 
               ``2003-2004'' and inserting ``2000-2006''.

    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.

    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.''.

    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.

    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

    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.

    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. Central Hazardous Materials 
Fund>> 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.

    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.

    For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $11,500,000, to remain available until 
                                expended.

    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.

    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).

    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.

    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.

    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. Miscellaneous Trust Funds>> 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.

    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.

    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

    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.

    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.

    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. Landowner 
Incentive Program>> 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.

    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. private stewardship 
grants>> 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.

    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.

    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.

    For expenses necessary to implement the Act of October 17, 1978 (16 
                       U.S.C. 715s), $14,414,000.

    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.

    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.

    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.

    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. Administrative Provisions>> 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.

    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

    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.

    For expenses necessary to carry out the programs of the United 
                    States Park Police, $81,204,000.

    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]]

    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.

    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.

    The <<NOTE: 16 USC 460l-10a note. Land Acquisition and State 
Assistance (including transfer of funds)>> contract authority provided 
        for fiscal year 2005 by 16 U.S.C. 460l-10a are rescinded.

    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.

    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

    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. ADMINISTRATIVE 
PROVISIONS>> 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.

    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

    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. Oil Spill Research>> 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.

    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

    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. Abandoned Mine Reclamation fund>> 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.

    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.

    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

    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.

    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.

    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.

    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.

    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

    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. Compact of Free Association>> 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).

    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

    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. Payments in Lieu of 
Taxes>> 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.

    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

    For necessary expenses of the Office of the Solicitor, $52,384,000.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General, 
$37,800,000.

             Office of Special Trustee for American Indians

    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. Indian Land Consolidation>> 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.

    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

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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]]

    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.

    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.

    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

    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.

    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.

    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.

    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]]

    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

    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. indian health facilities>> 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.

    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.

    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

    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

    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

    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.

    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

    For necessary expenses for the operation, maintenance and security 
   of the John F. Kennedy Center for the Performing Arts, $17,152,000.

    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

    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

    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

    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.

    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

    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.

    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

    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

    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

    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

    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

    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

    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

    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.

    To carry out title V of the Older Americans Act of 1965, as amended, 
                              $440,200,000.

    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.

    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.

    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.

    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

    For necessary expenses for the Employee Benefits Security 
Administration, $132,345,000.

                  Pension Benefit Guaranty Corporation

    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

    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.).

    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.

    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.

    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.

    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

    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

    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

    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

    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

    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. Veterans Employment and Training>> 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.).

    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.

    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.

    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

    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.

    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.

    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

    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

    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.

    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.

    For carrying out section 301 and title IV of the Public Health 
        Service Act with respect to dental disease, $395,080,000.

    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.

    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]]

    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.

    For carrying out section 301 and title IV of the Public Health 
  Service Act with respect to general medical sciences, $1,959,810,000.

    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.

    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.

    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.

    For carrying out section 301 and title IV of the Public Health 
           Service Act with respect to aging, $1,060,666,000.

    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.

    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.

    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]]

    For carrying out section 301 and title IV of the Public Health 
 Service Act with respect to alcohol abuse and alcoholism, $441,911,000.

    For carrying out section 301 and title IV of the Public Health 
         Service Act with respect to drug abuse, $1,014,760,000.

    For carrying out section 301 and title IV of the Public Health 
       Service Act with respect to mental health, $1,423,609,000.

    For carrying out section 301 and title IV of the Public Health 
    Service Act with respect to human genome research, $492,670,000.

    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.

    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.

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
                              $123,116,000.

    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.

    For carrying out the activities at the John E. Fogarty International 
                          Center, $67,182,000.

    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.

    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.

    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

    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

    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

    Fo